1.The Commission shall authorise the Member States to open formal negotiations with a third country to amend or conclude a bilateral investment agreement unless it concludes that the opening of such negotiations would:
(a)be in conflict with Union law other than the incompatibilities arising from the allocation of competences between the Union and its Member States;
(b)be superfluous, because the Commission has submitted or has decided to submit a recommendation to open negotiations with the third country concerned pursuant to Article 218(3) TFEU;
(c)be inconsistent with the Union’s principles and objectives for external action as elaborated in accordance with the general provisions laid down in Chapter 1 of Title V of the Treaty on European Union; or
(d)constitute a serious obstacle to the negotiation or conclusion of bilateral investment agreements with third countries by the Union.