Where the facts as finally established show that the conditions set out in Article 3(1)are not met, the Commission shall adopt, by means of an implementing act, a decision terminating the investigation and proceedings and publish that decision in the Official Journal of the European Union. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 13(4).

The Commission shall make public, with due regard to the protection of confidential information in accordance with Article 11, a report setting out its findings and reasoned conclusions reached on all pertinent issues of fact and law.