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1. If the cross-border coordination point or the competent authority decides to apply the Cross-Border Facilitation Tool, the procedure provided for in this Article shall apply.

2. Where the cross-border coordination point or the competent authority has concluded that there is a cross-border obstacle, it shall inform the initiator of:

(a) the cross-border obstacle identified;

(b) the next steps, whether leading to resolving the cross-border obstacle or not, and, if relevant, which of the procedures under paragraphs 4 and 5 applies.

3. After the assessment of the cross-border file and the identification of the cross-border obstacle, the cross-border coordination point shall share relevant information about that cross-border obstacle with the cross-border coordination point or, in the absence thereof, the relevant authority in the neighbouring Member State. The cross-border coordination points shall endeavour to avoid parallel procedures concerning the same cross-border obstacle.

4. Where the cross-border obstacle consists of an administrative provision or practice and the cross-border coordination point or competent authority considers that resolving the obstacle would not require an amendment to a legislative provision, either the cross-border coordination point or the competent authority shall contact the competent authority responsible for the administrative provision or practice to ascertain whether an amendment to that administrative provision or a change in practice would be sufficient to resolve the cross-border obstacle and whether that authority would be willing to amend or change it accordingly. The initiator shall be informed in writing within eight months of the date of the submission of the cross-border file pursuant to Article 7.

5. Where the cross-border obstacle consists of a legislative provision, the cross-border coordination point or competent authority shall contact the competent authority responsible for the legislative provision to ascertain whether an amendment, such as a derogation from or an exception to the applicable legislative provision, would enable the cross-border obstacle to be resolved and whether the competent authority would be willing to take the necessary steps to launch a legislative procedure to make such an amendment in accordance with the institutional and legal framework of the Member State concerned. The initiator shall be informed in writing within eight months of the date of the submission of the cross-border file pursuant to Article 7.

6. Where cross-border files concerning the same cross-border obstacle have been submitted to cross-border coordination points in two or more neighbouring Member States, each of those cross-border coordination points shall decide whether the procedure under paragraph 4 or 5 applies in their respective Member State and shall liaise with each other.

7. Where the cross-border coordination point is unable to respond to the initiator within the eight-month time limit laid down in paragraph 4, second subparagraph, or paragraph 5, second subparagraph, due to an ongoing legal analysis, consultations inside its Member State, coordination with the neighbouring Member State, or where the competent or relevant authority of the neighbouring Member State amends an administrative provision or changes a practice, or launches a legislative procedure, the initiator shall be informed in writing of the reason for the delay and the timeline of the response.