Where the issuing State requests, under a European Investigation Order, the implementation of an undercover measure on national territory, the terms and conditions of the measure relating to the duration of the undercover measure, its precise terms and conditions or the legal status of the undercover agents shall be determined by mutual agreement between the magistrate to whom the matter is referred and the competent authority of the issuing State.
Failing agreement, the magistrate hearing the case may, without prejudice to the provisions of Article 694-31, refuse to execute the request.