Evidence from:
HSC Paper MISC/06/23
“Update on the SFAIRP infraction case and next steps”
In practice, no EC member state actually applies the standard stated in Article 5(1); it is an unattainable ideal which leads, in practice, to SFAIRP type decisions at every point in the EC. The UK is among a very few jurisdictions which explicitly states how the ideal is approached in practice.
Further detail: