(1) Where -

(a) a draft measure referred to in Regulation 17(4) aims to impose, amend or withdraw an obligation on an undertaking in application of Regulation 42 or 49 in conjunction with Regulations 51 to 58 and Regulation 64, and

(b) the European Commission has, within the period of one month specified in Article 32(3) of the Directive, notified the Regulator that it considers that the draft measure would create a barrier to the internal market or that it has serious doubts as to its compatibility with European Union law,

then the draft measure shall not be adopted by the Regulator for a further three months following the notification referred to in subparagraph (b) from the European Commission.

(2) In the absence of a notification referred to in paragraph (1)(b), the Regulator may adopt the draft measure taking the utmost account of any comments made by the European Commission, BEREC or a national regulatory authority in another Member State.