6. The Commission shall take the measures specified in paragraph 5 of this Article only in the presence of all the following circumstances: 1) the Commission has notified the European Commission and the Member State in which the broadcaster of television programmes is established of its intention to take the measures specified in paragraph 5 of this Article substantiating the grounds on which it bases its assessment; 2) the European Commission has decided that the measures to be applied have been harmonised with the EU legislation and that assessments made by the Commission taking these measures under paragraphs 4 and 5 of this Article are appropriately founded. 7. If the European Commission decides that the measures are incompatible with the EU legislation, the Commission shall not have the right to take the proposed measures. 8. In the case of provision of on-demand audiovisual media services, the Commission may take measures restricting the free use of audiovisual media services only in the presence of all the following circumstances: 1) the measures are necessary with a view to ensuring public order, in particular the prevention, investigation, detection and prosecution of criminal offences, including the protection of minors and the fight against any incitement to hatred on grounds of race, sex, religious convictions or nationality, and violations of human dignity concerning individual persons; also with a view to ensuring the protection of public health, public security, including the safeguarding of national security and defence, the protection of consumers, including investors; 2) the measures are taken against an on-demand audiovisual media service which prejudices the objectives referred to in subparagraph 1 of this paragraph or which presents a serious and grave risk of prejudice to those objectives; 3) the measures taken are proportionate to the objectives specified in subparagraph 1 of this paragraph; 4) without prejudice to court proceedings, including pre-trial investigation and acts carried out as part of a criminal investigation, the Commission has applied to the responsible institutions of the EU Member State, the state of the European Economic Area or another state requesting to take measures and the latter did not take such measures or the measures were inadequate. 9. Before taking the measures specified in paragraph 8 of this Article and without prejudice to court proceedings, including pre-trial investigation and acts carried out as part of a criminal investigation, the Commission must notify the European Commission, the EU Member State and the state of the European Economic Area under whose jurisdiction the audiovisual media service provider falls of its intention to take such measures. The requirements of this paragraph shall apply only when taking the measures referred to in paragraph 8 of this Article against the audiovisual media service provider falling under the jurisdiction of the EU Member State or the state of the European Economic Area. 10. In case of urgency, the Commission may derogate from the provisions of paragraph 9 of this Article. In that case, the Commission must, within the shortest possible time, notify of the measures taken the European Commission and the responsible institution of the EU Member State or the state of the European