SCHEDULE 2ENFORCEMENT ACTION IN EUROPEAN INTERVENTION NOTICE CASES

Final undertakings and orders9

1

The Secretary of State may, in accordance with article 12(6) to (8) accept, from such persons as she considers appropriate, undertakings to take action specified or described in the undertakings.

2

An undertaking under this paragraph—

a

shall come into force when accepted;

b

may be varied or superseded by another undertaking; and

c

may be released by the Secretary of State.

3

An undertaking which is in force under this paragraph in relation to a reference under article 5 shall cease to be in force if an order under paragraph 6(1)(b) or 10 comes into force in relation to the subject-matter of the undertaking.

4

No undertaking shall be accepted under this paragraph in relation to a reference under article 5 if an order has been made under—

a

paragraph 6(1)(b) or 10 in relation to the subject-matter of the undertaking; or

b

paragraph 11 in relation to that reference.

5

The Secretary of State shall, as soon as reasonably practicable, consider any representations received by her in relation to varying or releasing an undertaking under this paragraph.