Once the existence of a cross-border obstacle has been confirmed, Member States should have discretion to choose the appropriate tool to resolve the cross-border obstacle in the cross-border region concerned. For that purpose, Member States should be able to rely on any international agreements in force or other procedures existing under the law of the Member State concerned. Where that Member State considers that the available instruments do not enable it to resolve the cross-border obstacle, it should be allowed to create ad hoc mechanisms for that purpose. It should be possible to do so either individually or, if necessary and agreed, jointly with the neighbouring Member State. Member States should provide the reasons for the assessment steps taken and indicate possible options of legal redress, including in cases where they conclude that the alleged obstacle identified in the cross-border file does not fall within the scope of this Regulation.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
