Art. 7 Significant disruptive effect | CER directive | CER

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 service provided by the entity concerned;
  2. the extent to which other sectors and subsectors as set out in the Annex depend on the essential service in question;
  3. 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;
  4. the entity’s market share in the market for the essential service or essential services concerned;
  5. 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;
  6. 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.
1. After the identification of the critical entities under Article 6(1), each Member State shall submit the following information to the Commission without undue delay:
  1. a list of essential services in that Member State where there are any additional essential services as compared to the list of essential services referred to in Article 5(1);
  2. the number of critical entities identified for each sector and subsector set out in the Annex and for each essential service;
  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 Entities Resilience 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.

In order to ensure that all relevant entities are subject to the resilience requirements of this Directive and to reduce divergences in that respect, it is important to lay down harmonised rules allowing for a consistent identification of critical entities across the Union, while also allowing Member States to adequately reflect the role and importance of those entities at national level. When applying the criteria laid down in this Directive, each Member State should identify entities that provide one or more essential services and that operate and have critical infrastructure located on its territory. An entity should be considered to operate on the territory of a Member State in which it carries out activities necessary for the essential service or services in question and in which that entity’s critical infrastructure, which is used to provide that service or those services, is located. Where no entity meets those criteria in a Member State, that Member State should be under no obligation to identify a critical entity in the corresponding sector or subsector. In the interests of effectiveness, efficiency, consistency and legal certainty, appropriate rules should be established as regards notifying entities that they have been identified as critical entities.

Article 7 Significant disruptive effect

Relevant recitals