Article 16 5.

the European Preservation Order has not been issued or validated by an issuing authority as provided for in Article 4;

the addressee could not comply with the EPOC-PR because of a de facto impossibility due to circumstances not attributable to the addressee, or because the EPOC-PR contains manifest errors;

the European Preservation Order does not concern data stored by or on behalf of the service provider at the time of receipt of the EPOC-PR;

the service is not covered by the scope of this Regulation;

the data requested are protected by immunities or privileges granted under the law of the enforcing State, or the data requested are covered by rules on the determination or limitation of criminal liability that relate to freedom of the press or freedom of expression in other media, which prevent execution or enforcement of the European Preservation Order;

in exceptional situations, based on the sole information contained in the EPOC-PR, it is apparent that there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the European Preservation Order would, in the particular circumstances of the case, entail a manifest breach of a relevant fundamental right as set out in Article 6 TEU and the Charter.