Article 23 — Relevant and reasoned objections

1. A relevant and reasoned objection, as defined in Article 4, point (24), of Regulation (EU) 2016/679, shall: (a) be based on factual and legal elements included in the draft decision or the cooperation file; (b) not concern the scope of an investigation where none of the supervisory authorities concerned have provided comments in accordance with Article 10(4) of this Regulation or where consensus has been reached following comments received, or the scope of an investigation as defined in a binding decision of the Board adopted under Article 11(8) of this Regulation; (c) not concern a draft decision adopted in accordance with Article 5 of this Regulation. 2. Notwithstanding paragraph 1, point (b), a supervisory authority concerned may submit relevant and reasoned objections that concern the scope of an investigation referred to in paragraph 1, point (b), in duly justified cases, provided that: (a) the lead supervisory authority has failed to investigate all the elements of the summary of key issues on which consensus was reached pursuant to Article 10(5) or Article 11(5), or has failed to comply with the binding decision of the Board under Article 11(8); or (b) new elements, not available at the time of reaching consensus on the summary of key issues pursuant to Article 10(5) or Article 11(5), or at the time of the binding decision of the Board under Article 11(8), demonstrate a significant risk posed by the draft decision as regards the fundamental rights and freedoms of the data subject and, where applicable, the free flow of personal data within the Union; or both. 3. A relevant and reasoned objection shall be sufficiently clear, coherent and precise and, where necessary, it shall identify the elements of the draft decision to be amended in order to enable supervisory authorities to prepare their positions and, as the case may be, to enable the Board to efficiently resolve the dispute.