Article 13 — Refusal to comply with a request for mutual assistance

1. A requested enforcement authority may refuse to comply with a request for information under Article 7(1) only if at least one of the following situations applies: (a) after consulting the applicant enforcement authority, both enforcement authorities agree that the information is not needed or that a new request can be made at a later stage; (b) criminal investigations or judicial proceedings have already been initiated against the same buyer in respect of the same unfair trading practice that involves the same supplier and the same period of the unfair trading practice covered by those criminal investigations or judicial proceedings, before the judicial authorities in the Member State of the requested enforcement authority or of the applicant enforcement authority. 2. A requested enforcement authority may refuse to comply with a request for enforcement measures under Article 8 only if, having consulted with the applicant enforcement authority, at least one of the following situations applies: (a) criminal investigations or judicial proceedings have already been initiated, or a judgment has been given, against the same buyer in respect of the same unfair trading practice that involves the same supplier and the same period of the unfair trading practice covered by those criminal investigations or judicial proceedings, or a court settlement has been reached with the same buyer in respect of the same unfair trading practice, before the judicial authorities in the Member State of the requested enforcement authority; (b) the exercise of the necessary enforcement powers, including administrative proceedings, has already been initiated, or an administrative decision has already been adopted against the same buyer in respect of the same unfair trading practice that involves the same supplier and the same period of the unfair trading practice covered by the investigations or the administrative decision in the Member State of the requested enforcement authority, in order to bring about the swift and effective cessation of that unfair trading practice; (c) a criminal investigation or judicial proceedings have already been initiated against the same buyer in respect of the same unfair trading practice that involves the same supplier and the same period of the unfair trading practice covered by the criminal investigation or judicial proceedings, before the judicial authorities in the Member State of the applicant enforcement authority; (d) the requested enforcement authority can demonstrate that the requested enforcement measures are not provided in Article 6(1), first subparagraph, points (a), (b) and (c), of Directive (EU) 2019/633, or can show that the request concerns short notice periods set for shorter than 30 days for specific sectors on the basis of Article 3(1), point (b), of that Directive or national rules maintained or adopted on the basis of Article 9(1) of that Directive; (e) the requested enforcement authority cannot: (i) ensure appropriate protection in accordance with Article 5(3) of Directive (EU) 2019/633 for the protected information provided pursuant to Article 6(4) of this Regulation; or (ii) fulfil the request without access to certain information that the complainant has not agreed to provide pursuant to Article 6(4); (f) the applicant enforcement authority has not provided the information that is necessary in accordance with Article 12. 3. A requested enforcement authority may refuse to comply with a request for enforcement measures under Article 9 only if, having consulted with the applicant enforcement authority, at least one of the following situations applies: (a) criminal investigations or judicial proceedings have already been initiated or a judgment has been given against the same buyer in respect of the same unfair trading practice, or a court settlement has been reached with the same buyer in respect of the same unfair trading practice, before the judicial authorities in the Member State of the requested enforcement authority; (b) the exercise of the necessary enforcement powers, including administrative proceedings, has already been initiated, or an administrative decision has already been adopted, against the same buyer in respect of the same unfair trading practice in the Member State of the requested enforcement authority, in order to bring about the swift and effective cessation of that unfair trading practice; (c) a criminal investigation or judicial proceedings have already been initiated against the same buyer in respect of the same unfair trading practice before the judicial authorities in the Member State of the applicant enforcement authority; (d) the requested enforcement authority can demonstrate that the final decision concerns short notice periods set for shorter than 30 days for specific sectors on the basis of Article 3(1), point (b), of Directive (EU) 2019/633 or national rules maintained or adopted on the basis of Article 9(1) of that Directive, or could not have been taken or cannot be enforced in compliance with its national law; (e) the applicant enforcement authority has not provided the information that is necessary in accordance with Article 12. 4. The requested enforcement authority shall inform the applicant enforcement authority without delay of any refusal to comply with a request for mutual assistance, together with the reasons for that refusal.