Regulation 9 European Commission’s control of market identification and analysis
The Director shall send a copy of each notification published under regulations 6 and 7 to—
the Secretary of State; and
where the proposal in the notification would, in the opinion of the Director, affect trade between member States, to the European Commission and to the national regulatory authorities (as defined in Article 2(g) of the Framework Directive) of every other member State.
If, within the representations period, the Director is notified by the European Commission for the purposes of Article 7(4) of the Framework Directive (market identifications that do not conform to Commission recommendations and determinations that affect trade between member States)—
that the Commission considers that giving effect to the proposal would create a barrier in relation to the single European market, or
that the Commission has serious doubts as to whether giving effect to the proposal would be compatible with the requirements of any Community obligations,
the Director is not to confirm the proposal, in accordance with regulation 8, before the end of a further two months beginning with the end of the representations period.
Where, before the end of that two month period, the European Commission makes a decision in accordance with Article 7(4) of the Framework Directive that the proposal should be withdrawn, the Director—
must withdraw it; and
shall not be entitled to confirm it in accordance with regulation 8.
In this regulation “the representations period”, in relation to a notification under regulations 6 and 7, means the period specified in that notification for the making of representations about the proposals contained in it.