Where the formalities and procedures expressly indicated by the issuing authority in the European Investigation Order cannot be complied with, the magistrate to whom the matter has been referred shall inform the issuing authority without delay by any means capable of producing a written record.
Where the investigative measure indicated in the EIO is not provided for by this Code or could not be carried out in a similar national procedure, and where there is no other investigative measure which, in accordance with Article 694-38 would achieve the same result as the requested investigative measure, the requested magistrate shall inform the issuing authority that it has not been possible, for these reasons, to provide the requested assistance.