There are no grounds for issuing a European Investigation Order:
1° Where a joint investigation team is set up pursuant to Articles 695-2 and 695-3 ; however, where a competent authority participating in a joint investigation team requires the assistance of a Member State other than those participating in the team, a European Investigation Order may be issued for that purpose;
2° Where Articles 695-9-1 to 695-9-30 on the freezing of property liable to confiscation, where the request for seizure of such property is not also requested because it is likely to constitute evidence;
3° Where a cross-border observation is requested pursuant to Article 40 of the Convention implementing the Schengen Agreements of 19 June 1990.