3. When the Lead Overseer is not able to conduct oversight activities outside the Union, referred to in paragraphs 1 and 2, the Lead Overseer shall:
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(a)
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exercise its powers under Article 35 on the basis of all facts and documents available to it;
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(b)
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document and explain any consequence of its inability to conduct the envisaged oversight activities as referred to in this Article.
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The potential consequences referred to in point (b) of this paragraph shall be taken into consideration in the Lead Overseer’s recommendations issued pursuant to Article 35(1), point (d).