Notwithstanding paragraphs 2 and 3 , if the Commission is actively negotiating with the same third country on the basis of a country - specific mandate or on the basis of Council Decision 2004/ ... /EC of ... authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement ( 4 ) , the Member State concerned may be authorised , in accordance with the procedure referred to in Article 7(2 ) , to apply provisionally and/or conclude the agreement .