FantasticSearch

1. For the purposes of this Regulation, economic coercion exists where a third country applies or threatens to apply a third-country measure affecting trade or investment in order to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State, thereby interfering in the legitimate sovereign choices of the Union or a Member State.

2. In determining whether the conditions of paragraph 1 are met, the Commission and the Council shall take into account the following:

(a) the intensity, severity, frequency, duration, breadth and magnitude of the third-country measure, including its impact on trade or investment relations with the Union, and the pressure arising from it on the Union or a Member State;

(b) whether the third country is engaging in a pattern of interference seeking to prevent or obtain particular acts from the Union, a Member State or another third country;

(c) the extent to which the third-country measure encroaches upon an area of the Union’s or a Member State’s sovereignty;

(d) whether the third country is acting on the basis of a legitimate concern that is internationally recognised;

(e) whether and in what manner the third country, before the imposition or application of the third-country measure, made serious attempts, in good faith, to settle the matter through international coordination or adjudication, either bilaterally or within an international forum.