Article 7 Significant disruptive effect


    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:

      1. the number of users relying on the essential servicemeans a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; provided by the entity concerned;

      2. the extent to which other sectors and subsectors as set out in the Annex depend on the essential servicemeans a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; in question;

      3. the impact that incidentsmeans an event which has the potential to significantly disrupt, or that disrupts, the provision of an essential service, including when it affects the national systems that safeguard the rule of law; 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;

      4. the entity’s market share in the market for the essential servicemeans a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; or essential servicesmeans a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; concerned;

      5. the geographic area that could be affected by an incidentmeans an event which has the potential to significantly disrupt, or that disrupts, the provision of an essential service, including when it affects the national systems that safeguard the rule of law;, 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;

      6. the importance of the entity in maintaining a sufficient level of the essential servicemeans a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment;, taking into account the availability of alternative means for the provision of that essential servicemeans a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment;.

    1. After the identification of the critical entitiesmeans a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; under Article 6(1), each Member State shall submit the following information to the Commission without undue delay:

      1. a list of essential servicesmeans a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; in that Member State where there are any additional essential servicesmeans a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; as compared to the list of essential servicesmeans a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; referred to in Article 5(1);

      2. the number of critical entitiesmeans a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; identified for each sector and subsector set out in the Annex and for each essential servicemeans a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment;;

      3. any thresholds applied to specify one or more of the criteria in paragraph 1.

    2. Thresholds as referred to in the first subparagraph, point (c), may be presented as such or in aggregated form.

    3. Member States shall subsequently submit information referred to in the first subparagraph whenever necessary and at least every four years.

    1. The Commission shall, after consulting the Critical Entitiesmeans a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; Resiliencemeans a critical entity’s ability to prevent, protect against, respond to, resist, mitigate, absorb, accommodate and recover from an incident; Group referred to in Article 19, adopt non-binding guidelines to facilitate the application of the criteria referred to in paragraph 1 of this Article, taking into account the information referred to in paragraph 2 of this Article.

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