The Council broadly agreed on certain principles which will apply when issuing and executing an EEW. The debate focused on the conditions under which the obligation to assist a Member State should arise and the cases in which a State can refuse the warrant.
The EEW is a judicial decision intended to improve existing cooperation arrangements for crossborder exchange of evidence (objects, documents or data) in criminal proceedings. This facilitates national investigations and prosecutions.
The EEW could be issued when evidence is necessary for the purpose of proceedings, provided that the evidence sought could have been obtained under the law of the issuing State.
The Framework Decision on the EEW is a mutual recognition measure, with a deadline for completion by the end of 2005. Its adoption requires unanimity.