Article 12 — Refusal or withdrawal of capacity rights on public order or public security grounds

1. A Member State may require the infrastructure manager to refuse to grant, or to withdraw, capacity rights to an applicant if the competent authorities of that Member State establish that granting such rights to that applicant entails a serious and grave risk to public order or public security, including to national security and defence of that Member State. Any such decision shall be duly justified and strictly necessary and proportionate to the objective pursued. 2. Without prejudice to the confidentiality of classified information, Member States shall, within 10 days of the adoption of a decision on the basis of paragraph 1, inform the Commission, the regulatory body and, in the case of multi-network capacity rights, other Member States concerned of the adoption of such a decision and of the reasons thereof. Member States shall regularly review any such decision. 3. Where a Member State raises concerns about a decision adopted by another Member State on the basis of paragraph 1 of this Article, the Member States concerned shall coordinate between themselves in accordance with Article 56. 4. In the case of multi-network capacity rights, a Member State concerned may request a recommendation from the Commission on the decision adopted by another Member State on the basis of paragraph 1.