The EPO was not the ISA
If the EPO acts as IPEA but did not establish the WO-ISA because the international search was conducted by one of the other European ISAs (see point 201202), the WO-ISA established by any such ISA is not considered a (first) written opinion of the EPO as IPEA (see point 371372). In these cases, the EPO in its function as IPEA will issue a first written opinion if it has any objections. The applicant may respond to this written opinion by filing amendments and/or arguments within the time limit set therein.
OJ 2011, 532
In this case a second written opinion will be issued on condition that the applicant has filed amendments and/or arguments to overcome any objections raised in the first written opinion and that there remain objections outstanding such that the IPER would be negative if it were to be issued on the basis of the file as it stands. 

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