{
  "url": "https://openlegislation.uk/eu-regulation-2018-1101/article-4",
  "json_url": "https://openlegislation.uk/eu-regulation-2018-1101/article-4.json",
  "legislation": "eur/2018/1101",
  "legislation_title": "Commission Implementing Regulation (EU) 2018/1101 of 3 August 2018 laying down the criteria for the application of the second paragraph of Article 5 of Council Regulation (EC) No 2271/96 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2018-1101",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Assessment of applications",
  "text": "When assessing whether a serious damage to the protected interests as referred to in the second paragraph of Article 5 of Regulation (EC) No 2271/96 would arise, the Secretary of State shall consider, inter alia, the following non-cumulative criteria, where appropriate:\n(a)whether the protected interest is likely to be specifically at risk, based on the context, the nature and the origin of a damage to the protected interest;\n(b)the existence of an ongoing administrative or judicial investigation against the applicant from, or a prior settlement agreement with, the ... country which is at the origin of the listed extra-territorial legislation;\n(c)the existence of a substantial connecting link with the ... country which is at the origin of the listed extraterritorial legislation or the subsequent actions; for example the applicant has parent companies or subsidiaries, or participation of natural or legal persons subject to the primary jurisdiction of the ... country which is at the origin of the listed extra-territorial legislation or the subsequent actions;\n(d)whether measures could be reasonably taken by the applicant to avoid or mitigate the damage;\n(e)the adverse effect on the conduct of economic activity, in particular whether the applicant would face significant economic losses, which could for example threaten its viability or pose a serious risk of bankruptcy;\n(f)whether the applicant's activity would be rendered excessively difficult due to a loss of essential inputs or resources, which cannot be reasonably replaced;\n(g)whether the enjoyment of the individual rights of the applicant would be significantly hindered;\n(h)whether there is a threat to safety, security, the protection of human life and health and the protection of the environment;\n(i)whether there is a threat to the United Kingdom’s ability to carry out its humanitarian, development and trade policies or the external aspects of its internal policies;\n(j)the security of supply of strategic goods or services within or to the United Kingdom and the impact of any shortage or disruption therein;\n(k)the consequences for the financial or economic stability of the United Kingdom or key United Kingdom infrastructure;\n(l)the systemic implications of the damage, in particular as regards its spill over effects into other sectors;\n(m)the impact on the employment market of the United Kingdom;\n(n)any other relevant factor.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 4 substituted (1.1.2021) by The Protecting against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1660), regs. 1, 4(5)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in Art. 4(b) omitted (1.1.2021) by virtue of The Protecting against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1660), regs. 1, 4(5)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in Art. 4(c) omitted (1.1.2021) by virtue of The Protecting against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1660), regs. 1, 4(5)(c)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Art. 4(i) substituted (1.1.2021) by The Protecting against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1660), regs. 1, 4(5)(d)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Art. 4(j) substituted (1.1.2021) by The Protecting against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1660), regs. 1, 4(5)(e)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Art. 4(k) substituted (1.1.2021) by The Protecting against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1660), regs. 1, 4(5)(f)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Art. 4(m) substituted (1.1.2021) by The Protecting against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1660), regs. 1, 4(5)(g)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2018/1101/article/4",
    "retrieved_at": "2026-11-01T14:44:00.531130+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}