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1. For the purposes of Article 8(3), first subparagraph, point (b), a natural or legal person may be considered as connected or linked to the government of the third country where:

(a) that government beneficially owns more than 50 % of the equity interest in such legal person, exercises directly or indirectly more than 50 % of the voting rights in it, or has the power to appoint a majority of its directors or otherwise to legally direct its actions;

(b) such person benefits from exclusive or special rights or privileges granted in law or in fact by the government of the third country concerned, where it operates in a sector where that government limits the number of suppliers or buyers to one or more, or it is allowed directly or indirectly by that government to exercise practices which prevent, restrict or distort competition; or (c) such person effectively acts on behalf of, or under the direction or instigation of, the government of the third country concerned.

2. Where the Commission has reason to believe that a natural or legal person meets the criteria set out in Article 8(3), first subparagraph, point (b), and is considering the adoption of Union response measures with regard to that person, it shall inform that person of the following:

(a) the reasons why the Commission believes that that person meets those criteria;

(b) the Union response measures that the Commission is considering to adopt with regard to that person;

(c) the possibility for that person to submit, within a reasonable period, observations on whether that person meets those criteria.

3. For the purposes of paragraph 2, the Commission shall publish a notice in the Official Journal of the European Union and, where possible, notify the person concerned directly. In that notice, the Commission shall give other interested parties the opportunity to submit observations.

4. For the purposes of this Article, the Commission may seek any information it considers relevant, including by requesting such information from Member States.

5. Without prejudice to Article 12, where, after the adoption of Union response measures referred to in Article 8(3), first subparagraph, point (b), new substantial evidence is submitted to the Commission, the Commission shall review whether the persons concerned continue to meet the criteria set out in Article 8(3), first subparagraph, point (b), and shall inform the persons concerned accordingly.