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Article 4 of the Commission Implementing Regulation (EU) 2018/1101 of 3 August 2018 laying down the criteria for the application of the second paragraph of Article 5 of Regulation No 2271/96 (OJ 2018 L 199 I, p. 7) provides: ‘When assessing whether a serious damage to the protected interests as referred to in the second paragraph of Article 5 of Regulation [No 2271/96] would arise, the Commission shall consider, inter alia, the following non-cumulative criteria, where appropriate: (a) whether the protected interest is likely to be specifically at risk, based on the context, the nature and the origin of a damage to the protected interest; (b) the existence of an ongoing administrative or judicial investigation against [the person referred to in Article 11 of Regulation No 2271/96 who applied for authorisation under the second paragraph of Article 5 of that regulation] from, or a prior settlement agreement with, the third country which is at the origin of the listed extraterritorial legislation; (c) the existence of a substantial connecting link with the third country which is at the origin of the listed extraterritorial legislation or the subsequent actions; for example [the person referred to in Article 11 of Regulation No 2271/96 who applied for authorisation under the second paragraph of Article 5 of that regulation] has parent companies or subsidiaries, or participation of natural or legal persons subject to the primary jurisdiction of the third country which is at the origin of the listed extraterritorial legislation or the subsequent actions; (d) whether measures could be reasonably taken by [the person referred to in Article 11 of Regulation No 2271/96 who applied for authorisation under the second paragraph of Article 5 of that regulation] to avoid or mitigate the damage; (e) the adverse effect on the conduct of economic activity, in particular whether [the person referred to in Article 11 of Regulation No 2271/96 who applied for authorisation under the second paragraph of Article 5 of that regulation] would face significant economic losses, which could for example threaten its viability or pose a serious risk of bankruptcy; (f) whether the activity [of the person referred to in Article 11 of Regulation No 2271/96 who applied for authorisation under the second paragraph of Article 5 of that regulation] would be rendered excessively difficult due to a loss of essential inputs or resources, which cannot be reasonably replaced; (g) whether the enjoyment of the individual rights of [the person referred to in Article 11 of Regulation No 2271/96 who applied for authorisation under the second paragraph of Article 5 of that regulation] would be significantly hindered; (h) whether there is a threat to safety, security, the protection of human life and health and the protection of the environment; (i) whether there is a threat to the Union’s ability to carry out its humanitarian, development and trade policies or the external aspects of its internal policies; (j) the security of supply of strategic goods or services within or to the Union or a Member State and the impact of any shortage or disruption therein; (k) the consequences for the internal market in terms of free movement of goods, persons, services and capital, as well as financial and economic stability or key Union infrastructures; (l) the systemic implications of the damage, in particular as regards its spill over effects into other sectors; (m) the impact on the employment market of one or several Member States and its cross-border consequences within the Union; (n) any other relevant factor.’