Chapter II, Article 7, Paragraph 1. · Directive (EU) 2022/2557

Contents

1.When determining the significance of a disruptive effect as referred to in Article 6(2), point (c), Member States shall take into account the following criteria:

(a)the number of users relying on the essential service provided by the entity concerned;

(b)the extent to which other sectors and subsectors as set out in the Annex depend on the essential service in question;

(c)the impact that incidents could have, in terms of degree and duration, on economic and societal activities, the environment, public safety and security, or the health of the population;

(d)the entity’s market share in the market for the essential service or essential services concerned;

(e)the geographic area that could be affected by an incident, including any cross-border impact, taking into account the vulnerability associated with the degree of isolation of certain types of geographic areas, such as insular regions, remote regions or mountainous areas;

(f)the importance of the entity in maintaining a sufficient level of the essential service, taking into account the availability of alternative means for the provision of that essential service.