5. By way of derogation from paragraph 3 of this Article, the Commission shall, in duly justified cases, where strictly necessary to match supply and demand of governmental services, adopt, by means of implementing acts, a pricing policy, which shall be consistent with the pricing policy referred to in Article 63(1) of Regulation (EU) 2021/696.
By adopting a pricing policy, the Commission shall ensure that the provision of the governmental services does not distort competition, that there is no shortage of the governmental services and that the price identified will not result in an overcompensation of the contractors referred to in Article 19.