4.—(1) This article applies where—
(a)a transfer has been authorised by another Member State in purported compliance with Article 26(2) of the Data Protection Directive, and
(b)the Commissioner is satisfied that such authorisation is not in compliance with that Article.
(2) The Commissioner may inform the European Commission of the particulars of the authorisation together with the reasons for his view that the authorisation is not in compliance with Article 26(2) of the Directive.