Updated 05/02/2025
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Article 5 - Implementing Regulation 2017/461

Article 5

Response from a requested authority

1.   A response to a consultation notice shall be made in writing, using the format set out in Annex II, by post, facsimile or secure electronic means. It shall be addressed to the designated contact point of the requesting authority referred to in Article 2, unless otherwise specified by the requesting authority.

2.   The requested authority shall provide the requesting authority as soon as possible and no later than 20 working days after receipt of the consultation notice with:

(a)

all relevant information requested in the consultation notice, including any views or reservations in relation to the acquisition by the proposed acquirer;

(b)

all essential information, on its own initiative.

3.   Where the requested authority is unable to meet the time limit set out in paragraph 2, it shall immediately inform the requesting authority of the justifiable reasons that necessitate any such delay and provide an estimated date of response. The requested authority shall provide regular feedback on the progress made either of its own initiative or upon the request of the requesting authority.

4.   Where, due to justified cases of necessity, the requested authority is not able to provide all the required information in time for meeting the time limit set out in paragraph 2, it shall:

(a)

provide the information which is already available within the time limit set out in paragraph 2, using the format set out in Annex II;

(b)

provide any missing information as soon as it becomes available and in a manner, including verbally, which ensures that any necessary action may proceed expediently.

5.   If the requested information is provided verbally pursuant to point (b) of paragraph 4, it shall subsequently be confirmed in writing in accordance with paragraph 1, unless the competent authorities involved agree otherwise.