46Firstly, it must be pointed out that, at the end of the procedure under Article 9 of Directive 2003/87, an NAP notified by a Member State to the Commission enjoys a presumption of legality, since, after the three-month time-limit laid down in Article 9(3) has expired, it is regarded as definitive where the Commission makes no observations, so that the Member State concerned may adopt it.
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