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1. The cross-border coordination point or the competent authority shall assess each cross-border file submitted pursuant to Articles 7 and 8 and shall identify the cross-border obstacle, if any.

2. Within two months of the date of submission of the cross-border file, the cross-border coordination point or the competent authority may request the initiator to clarify the cross-border file or to submit specific additional information. If, following the assessment steps referred to in paragraph 1 and the first subparagraph of this paragraph, of this Article, the cross-border file does not contain all the elements required by Article 8(1), the cross-border coordination point or the competent authority may close the file, setting out the reasons therefor, and the cross-border coordination point shall inform the initiator accordingly.

3. Where, after assessing a cross-border file, the cross-border coordination point or the competent authority concludes that there is no cross-border obstacle, the cross-border coordination point or the competent authority may close the file, setting out the reasons therefor, and the cross-border coordination point shall inform the initiator accordingly.

4. Where, after assessing a cross-border file, the cross-border coordination point or the competent authority concludes that the alleged cross-border obstacle falls within the competence of another Member State, it shall contact the cross-border coordination point in that other Member State or, in the absence thereof, the relevant authority in that Member State. Where that cross-border coordination point or relevant authority agrees, the cross-border coordination point shall transfer all relevant information to it, and immediately inform the initiator accordingly.

5. Where, after assessing a cross-border file, the cross-border coordination point or the competent authority concludes that there is a cross-border obstacle, it may contact either a cross-border coordination point or, in the absence thereof, the relevant authority of a neighbouring Member State or Member States.

6. The cross-border coordination point or the competent authority in the Member State concerned by the cross-border obstacle may proceed in one of the following ways:

(a) where possible, rely on an international agreement in force, whether bilateral or multilateral, sector-specific or multi-sectoral, which provides for a mechanism to resolve such cross-border obstacles between the Member States party to such an agreement;

(b) where applicable, rely on other procedures existing under the law of the Member State concerned;

(c) create ad hoc mechanisms;

(d) apply the Cross-Border Facilitation Tool laid down in Chapter IV, either individually or, if necessary and agreed, jointly with the neighbouring Member State;

(e) choose not to resolve the obstacle and close the file. For the purposes of point (a), resolving the cross-border obstacle, including elements such as the actors involved and the procedure to be followed, in particular for liaising and cooperating with the neighbouring Member State, shall be governed exclusively by the provisions of that agreement.