### within nine months from the receipt of the conclusions of the evaluation , the agency shall prepare and submit to the commission an opinion on the authorisation of the biocidal product . ### within three months from the receipt of the conclusions of the evaluation , the agency shall prepare and submit to the commission an opinion on the authorisation of the biocidal product .


### 2 . detailed quantitative and qualitative information on the composition of the biocidal product , e . g . active substance , impurities , adjutants , inert components ### 2 . detailed quantitative and qualitative information on the composition of the biocidal product , e . g . active substance , impurities , adjutants , inert components , taking account of the concentrations referred to in article 16


### the exposure of humans to that active substance in a biocidal product , under normal conditions of use , is negligible , in particular where the product is used in closed systems or strictly controlled conditions ; ### the exposure of humans to that active substance in a biocidal product , under prescribed conditions of use , is negligible or adequately controlled , taking account of the intrinsic hazards presented by the substance , in particular where the product is used in closed systems or strictly controlled conditions ;


### an active substance shall , where appropriate , be included in annex i together with any of the following conditions : ### an active substance and the definition of the reference source for the active substance for the purposes of determining technical equivalence as defined in article 3 shall , where appropriate , be included in annex i together with any of the following conditions :


### the receiving competent authority may require that applications for a national authorisation be submitted in one or more of the official languages of the member state where that competent authority is situated . ### the receiving competent authority may require that applications for the sole purpose of a national authorisation be submitted in one or more of the official languages of the member state where that competent authority is situated . applications for a national authorisation which involve a mutual recognition procedure may be submitted to the competent authority in english , including the documents referred to in paragraph 1 .


### commission proposal 6 . in the case of a frame formulation , a reduction in the percentage of the active substance in the reference biocidal product may be allowed , and / or an alteration in percentage composition of one or more non - active substances , and / or the replacement of one or more non - active substances by others presenting the same or lower risk . ### in the case of a frame formulation , the following variations in composition with regard to a reference biocidal product are possible : authorisation of an active substance in a reference biocidal product with at least two active substances ; a reduction in the percentage of the active substances ; authorisation of one or more non - active substances ; alteration in percentage composition of one or more non - active substances ; the replacement of one or more non - active substances .


### it meets two of the criteria to be considered as a persistent , bio - accumulative and toxic substance as set out in annex xiii of regulation no 1907 / 2006 ; ### it is considered as a persistent , bio - accumulative and toxic substance in accordance with the criteria set out in annex xiii of regulation no 1907 / 2006 ; , and , and .


### the commission shall adopt a decision on whether the grounds set out by the competent authority justify refusal to recognise , or restriction of , the national authorisation in accordance with the procedure referred to in article 72 . ### the commission shall , following consultation of the applicant , adopt a decision on whether the grounds set out by the competent authority justify refusal to recognise , or restriction of , the national authorisation in accordance with the procedure referred to in article 72 .


### at the end of the period referred to in paragraph 3 or on receipt of the opinion of the agency , the commission shall adopt a decision concerning a renewal of the inclusion of the active substance in annex i . that decision , designed to amend non - essential elements of this regulation by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 72 . ### in order to keep the list of authorised active substances updated , at the end of the period referred to in paragraph 3 or on receipt of the opinion of the agency , the commission shall adopt , by means of delegated acts in accordance with article 71 a and subject to the conditions of articles 71 b and 71 c , a decision concerning a renewal of the inclusion of the active substance in annex i . if the commission decides to renew the inclusion of an active substance in annex i , the name of the applicants shall be mentioned .


### ' treated material or article ' means any substance , mixture , material or article which was treated with or incorporates one or more biocidal products with the intention to protect the substance , mixture , material or article from deterioration caused by harmful organisms ; ### ' treated material or article ' means any substance , mixture , material or article which was treated with or incorporates one or more biocidal products ;


### the list referred to in paragraph 2 shall be entered by the agency in the biocides data sharing register . ### all information contained in the list referred to in paragraph 2 shall be entered by the agency in the biocides data sharing register , identified by a single code and complete with all identifying details and with a link to the identity of the first applicant and of the owner of the information .


### commission proposal qualitative and quantitative composition in terms of the active substances and non - active substances , knowledge of which is essential for proper use of the biocidal product ; ### qualitative and quantitative composition in terms of the active substances and non - active substances , taking account of the concentration limits in article 16 and in so far as this information is required for proper use of the biocidal product ;


### the permitted alteration of the composition of this reference biocidal product expressed in percentage of the non - active substances contained in the biocidal products which are considered to belong to that frame formulation ; ### the variations permitted in accordance with article 16 .


### ' substance of concern ' means any substance , other than the active substance , which has an inherent capacity to cause an adverse effect on humans , animals or the environment and is present or is produced in a biocidal product in sufficient concentration to present risks of such an effect ; ### ' substance of concern ' means any substance , other than the active substance , which has an inherent capacity to cause an adverse effect on humans , animals or the environment and is present or is produced in a biocidal product in sufficient concentration to present risks of such an effect . such a substance , unless there are other grounds for concern , would be normally a substance classified as dangerous according to directive 67 / 548 / eec and present in the biocidal product at a concentration leading the product to be regarded as dangerous within the meaning of directive 1999 / 45 / ec or regulation no 1272 / 2008 ;


### application for national authorisation in a member state shall be submitted to the competent authority of that member state . application for community authorisation shall be submitted to the agency . ### application for authorisation shall be submitted to the agency . when an application for national authorisation in a member state is submitted , the applicant , in agreement with the member state concerned , shall identify the evaluating competent authority in the application itself , as laid down in article 22 .


### in view of ensuring that all proprietary information submitted in support of an inclusion of an active substance or an authorisation of a biocidal product is protected from the moment of its submission and to prevent situations where some information is without protection , the provision on information protection periods should also apply to information submitted for the purposes of directive 98 / 8 / ec . ### in view of ensuring that all proprietary information submitted in support of an inclusion of an active substance in annex i or an authorisation of a biocidal product is protected from the moment of its submission and to prevent situations where some information is without protection , the provision on information protection periods should also apply to information submitted for the purposes of directive 98 / 8 / ec .


### all venues which offer trading in commodity derivatives should have in place appropriate limits or suitable alternative arrangements designed to support liquidity , prevent market abuse , and ensure the orderly pricing and settlement conditions . esma should maintain and publish a list containing summaries of all such measures in force . these limits or arrangements should be applied in a consistent manner and take account of the specific characteristics of the market in question . they should be clearly spelled out as regards to whom they apply and any exemptions thereto , as well as to the relevant quantitative thresholds which constitute the limits or which may trigger other obligations . the commission should be empowered to adopt delegated acts , including with a view to avoiding any divergent effects of the limits or arrangements applicable to comparable contracts on different venues . ### all venues which offer trading in commodity derivatives should have in place appropriate limits designed to support liquidity , prevent market abuse , and ensure the orderly pricing and settlement conditions . esma should maintain and publish a list containing summaries of all such measures in force . these limits should be applied in a consistent manner and take account of the specific characteristics of the market in question . they should be clearly spelled out as regards to whom they apply and any exemptions thereto , as well as to the relevant quantitative thresholds which constitute the limits or which may trigger other obligations . the commission should be empowered to adopt regulatory technical standards , including with a view to avoiding any divergent effects of the limits applicable to comparable contracts on different venues .


### explicit powers should be granted to competent authorities to limit the ability of any person or class of persons from entering into a derivative contract in relation to a commodity . the application of a limit should be possible both in the case of individual transactions and positions built up over time . in the latter case in particular , the competent authority should ensure that these position limits are non - discriminatory , clearly spelled out , take due account of the specificity of the market in question , and are necessary to secure the integrity and orderly functioning of the market . ### explicit powers should be granted to competent authorities to limit the ability of any person or class of persons from entering into a derivative contract in relation to a commodity . the application of a limit should be possible both in the case of individual transactions and positions built up over time . in the latter case in particular , the competent authority should ensure that these position limits are non - discriminatory , clearly spelled out , take due account of the specificity of the market in question , and are necessary to secure the integrity and orderly functioning of the market . in particular , the limits should differentiate between positions which objectively reduce risks directly relating to commercial activities in relation to the commodity and other positions .


### regulated markets , mtf and otfs shall inform their competent authority of the details of the limits or arrangements . the competent authority shall communicate the same information to esma which shall publish and maintain on its website a database with summaries of the limits or arrangements in force . ### regulated markets , mtf and otfs shall inform their competent authority of the details of the limits . the competent authority shall communicate the same information to esma which shall publish and maintain on its website a database with summaries of the limits in force .


### the commission shall adopt delegated acts in accordance with article 94 concerning measures in respect of exemptions and , to clarifying when an activity is to be considered as ancillary to the main business on a group level as well as for determining when an activity is provided in an incidental manner . ### the commission shall adopt delegated acts in accordance with article 94 concerning measures in respect of exemption to clarify when an activity is provided in an incidental manner .


### considering the communiqué of g20 finance ministers and central bank governors of 15 april 2011 on ensuring that participants on commodity derivatives markets should be subject to appropriate regulation and supervision , the exemptions from directive 2004 / 39 / ec . for various participants active in commodity derivative markets should be modified to ensure that activities by firms , which are not part of a financial group , involving the hedging of production - related and other risks as well as the provision of investment services in commodity or exotic derivatives on an ancillary basis to clients of the main business remain exempt , but that firms specialising in trading commodities and commodity derivatives are brought within this directive . ### considering the communiqué of g20 finance ministers and central bank governors of 15 april 2011 on ensuring that participants on commodity derivatives markets should be subject to appropriate regulation and supervision , the exemptions from directive 2004 / 39 / ec . for various participants active in commodity derivative markets should be modified to ensure that activities by firms , which are not part of a financial group , involving the hedging of production - related and other risks as well as the provision of investment services in commodity or exotic derivatives on an ancillary basis to clients of the main business remain exempt . it must be taken into account that firms whose main business is producing or supplying commodities and which trade on own account in commodity derivatives as an ancillary activity are already , under sector - specific rules , for example , subject to tailor - made regulatory oversight and to regulatory reporting obligations specifically concerning spot and physical forward transactions by virtue of regulation no 1227 / 2011 of the european parliament and of the council of 25 october 2011 on wholesale energy market integrity and transparency and are subject to regulatory reporting obligations in respect of standard derivative transactions and regulatory oversight by virtue of regulation no . . . / . . . . firms specialising in trading commodities and commodity derivatives should be brought within this directive , however .


### at the initiative of the european parliament or the council that period shall be extended by two months . ### at the initiative of the european parliament or the council that period shall be extended by a further two months .


### each member state shall carry out in every calendar year a total number of initial roadside inspections , corresponding to at least 5% of the total number of vehicles referred to in article 3 that are registered in its territory . ### each member state shall carry out in every calendar year a total number of initial roadside inspections of eligible registered vehicles in each of the member states , corresponding to at least 5% of the total number of eligible vehicles that are registered in its territory .


### the inspector shall not authorise a vehicle classified with dangerous deficiencies , to be used until such deficiencies have been rectified on the spot of the inspection . the inspector may authorise such a vehicle to be used in order to reach the closest workshop where those deficiencies can be rectified , on the condition that the dangerous deficiencies have been fixed in such a way as to allow it to reach this workshop and that there is no immediate risk to the safety of its occupants or other road users . ### the inspector shall not authorise a vehicle classified with dangerous deficiencies , to be used until such deficiencies have been rectified on the spot of the inspection or at one of the closest workshops . if there are deficiencies detected in the areas of a vehicle that are mentioned in article 10 , inspector shall authorise such a vehicle to be used in order to reach the closest workshop where those deficiencies can be rectified , on the condition that the dangerous deficiencies have been fixed in such a way as to allow it to reach this workshop and that there is no immediate risk to the safety of its occupants or other road users .


### it shall apply from [ 12 months after its entry into force ] . ### it shall apply from [ 60 months after its entry into force ] .


### on the basis of the outcome of the initial inspection , the inspector may decide that the vehicle or its trailer should be subject to a more detailed roadside inspection . ### on the basis of the outcome of the initial inspection , the inspector , if the initial inspection shows that a more detailed inspection is needed in order to fully asses technical state of the vehicle , shall decide that the vehicle or its trailer should be subject to a more detailed roadside inspection .


### before deciding on disembarkation in a third country , the participating units shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in that third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . ### before deciding on disembarkation in a third country , the host member state shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in that third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 .


### in case of disembarkation in a third country , the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation . they shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non - refoulement . ### in case of disembarkation in a third country , the participating units shall identify the intercepted or rescued persons and assess their personal circumstances . they shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non - refoulement .


### the security of supply aspects of long - term planning of investments in sufficient cross - border capacities and other infrastructures , ensuring the long - term ability of the system to guarantee security of supply and meet reasonable demands , are addressed by directive . . . / … / ec of the european parliament and of the council [ concerning common rules for the internal market in natural gas and repealing directive 2003 / 55 / ec ] . meeting the security of supply standards may require a transitional period to allow the necessary investments to be made . the 10 - year network development plan drawn up by the entso - g and supervised by acer is a fundamental tool to identify the required investments needed at community level . ### the security of supply aspects of long - term planning of investments in sufficient cross - border capacities and other infrastructures , ensuring the long - term ability of the system to guarantee security of supply and meet reasonable demands , are addressed by directive 2009 / 73 / ec of the european parliament and of the council [ concerning common rules for the internal market in natural gas and repealing directive 2003 / 55 / ec ] . the 10 - year network development plan drawn up by the entso - g and supervised by acer is a fundamental tool to identify the required investments needed at community level . member states should ensure that all measures for the implementation of directive 2009 / 73 / ec necessary to ensure the effective application of this regulation are adopted by the date of the entry into force of this regulation .


### by [ 31 march 2011 ; 12 months from entry into force ] at the latest , the competent authority , after consultation of the natural gas undertakings , of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority , where it is not the competent authority , shall establish : ### by [ 30 september 2011 ; 18 months from entry into force ] at the latest , the competent authority , after consultation of the natural gas undertakings , of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority , where it is not the competent authority , shall establish :


### it is important that gas supply is maintained , particularly as regards household customers , as well as other protected customers such as schools and hospitals , in cases in which the market cannot continue to supply them . it is essential that the measures to be taken during a crisis are defined in advance of any crisis . ### it is important that gas supply to protected customers is maintained , in cases in which the market alone cannot continue to supply them . it is essential that the measures to be taken during a crisis are defined in advance of any crisis .


### period , expressed in days , during which it is possible to ensure gas supply to the protected customers ### period , expressed in days , during which it is expected that gas supply to the protected customers can be ensured .


### by [ 31 march 2011 ; 12 months from entry into force ] at the latest , the competent authority , after consultation of the natural gas undertakings , of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority , where it is not the competent authority , shall establish : ### by [ 31 march 2011 ; 12 months from entry into force ] at the latest , on the basis of the risk and impact assessment carried out according to article 8 , the competent authority , after consultation of the natural gas undertakings , of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority , where it is not the competent authority , shall establish :


### when the commission considers that in a community emergency , an action taken by a competent authority or natural gas undertakings is inappropriate to deal with the emergency , or that it seriously endangers the situation in another member state , the commission shall require the competent authority or natural gas undertaking to change its action . within three days from notification of the commission ' s request , the competent authority concerned shall change its action and notify the commission or shall set out to the commission why it does not agree with the request . in that case , the commission may amend or withdraw its request . if , within three days , the commission decides not to amend or withdraw its request , the competent authority shall comply with the commission ' s request without delay . ### when the commission considers that in a union emergency , an action taken by a competent authority or natural gas undertakings is inappropriate to deal with the emergency , or that it seriously endangers the situation in another member state , the commission may recommend the competent authority or natural gas undertaking to change its action .


### following the recommendation of the commission referred to in article 4 or in situation referred to in article 4 , the obligation set out in paragraph 1 may be fulfilled at the regional level . the n - 1 standard shall also be considered to be fulfilled where the competent authority demonstrates in the preventive action plan referred to in article 5 that a supply disruption may be sufficiently and timely compensated for by demand side measures . ### following the recommendation of the commission referred to in article 4 or in the situation referred to in article 4 , the calculation set out in paragraph 1 may be carried out at the regional level . in its calculation of the n - 1 indicator , the competent authority shall be allowed to demonstrate in the preventive action plan referred to in article 5 that a supply disruption may be sufficiently and timely compensated for by specific measures , including demand side measures .


### the competent authority shall take the measures to ensure the gas supply to the protected customers of the member state in the case of : extremely cold temperatures during a seven days peak period statistically occurring once every twenty years ; and b ) any period of sixty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years . ### in carrying out the risk and impact assessment defined in article 8 , the competent authority shall use a common methodology , which shall include the following indicators for the supply of gas to the protected customers of the member state : supplies in case of extremely cold average temperatures during a seven days period statistically occurring once every twenty years ; and b ) supplies in case of any period of thirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years .


### in addition to the monitoring and reporting obligations provided for in article 5 of the gas directive the competent authority shall publish and forward to the commission a report by 31 july each year containing the following data : calculation of n - 1 indicator and data necessary for such calculation , progress made in investments needed to cope with n - 1 , country specific difficulties encountered in the implementation new alternative solutions ; annual amounts , durations and supply country covered by gas supply import contracts ; maximal interconnection capacity of each entry and exit points to and from the gas systems ; the main elements of the relevant intergovernmental agreements concluded with third countries . ### in addition to the monitoring and reporting obligations provided for in article 5 of the gas directive the competent authority shall forward to the commission a report by 31 july each year containing the following data : calculation of n - 1 indicator and data necessary for such calculation ; on an aggregated basis , annual amounts , durations and supply country covered by gas supply import contracts ; maximal interconnection capacity of each entry and exit points to and from the gas systems ; the main elements of the relevant intergovernmental agreements concluded with third countries .


### since gas supplies from third countries are central to the security of gas supply of the community , the commission should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the community . the commission should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the community and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role . ### since gas supplies from third countries are central to the security of gas supply of the union , the commission should coordinate emergency actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the union . the commission should be entitled to request the deployment of a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the union and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role through the energy commissioner and the vice - president of the commission / high representative .


### when the commission considers that in a community emergency , an action taken by a competent authority or natural gas undertakings is inappropriate to deal with the emergency , or that it seriously endangers the situation in another member state , the commission shall require the competent authority or natural gas undertaking to change its action . ### when the commission considers that in a union emergency , an action taken by a competent authority is inappropriate to deal with the emergency , or that it seriously endangers the situation in another member state , the commission , after duly taking into account the opinion of the gas coordination group , shall require the competent authority to change its action .


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the commission , after consulting the gas coordination group and on the basis of the results of this consultation , may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g , in so far as a serious risk exists that it may no longer be possible for protected customers to be supplied by means of market mechanisms or national emergency measures . it may in such cases declare a community emergency for specifically affected geographical regions comprising more than one member state .


### the competent authority shall take the measures to ensure the gas supply to the protected customers of the member state in the case of : ### the competent authority shall require supply undertakings to ensure the gas supply to the protected customers of the member state in the case of :


### since gas supplies from third countries are central to the security of gas supply of the community , the commission should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the community . the commission should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the community and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role . ### since gas supplies from third countries are central to the security of gas supply of the union , in the event of a union emergency , the commission , after consultation of the gas coordination group , should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the union . the commission , after consultation of the gas coordination group , should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the union and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role .


### by [ 31 march 2014 ; 3 years after entry into force ] at the latest , the competent authority shall ensure that in the event of a disruption of the largest gas supply infrastructure , the remaining infrastructure has the capacity to deliver the necessary volume of gas to satisfy total gas demand of the calculated area during a period of sixty days of exceptionally high gas demand during the coldest period statistically occurring every twenty years . ### by [ 31 march 2016 ; 5 years after entry into force ] at the latest , the competent authority shall ensure that in the event of a disruption of the single largest gas infrastructure , the remaining infrastructure has the technical capacity to satisfy total daily gas demand of the calculated area during a day of exceptionally high demand statistically occurring once every twenty years .


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the commission shall declare a community alert at the request of one competent authority . the commission shall declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries other than members of the european economic area as calculated by entso - g . it shall also declare a community emergency where more than one competent authority has declared an emergency following verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state .


### implementation of the plans ; ### implementation and review of the plans ;


### the commission shall verify within one week whether the declaration of an emergency is justified and whether it does not impose an undue burden on the natural gas undertakings and on the functioning of the internal market . the commission may , in particular , ask the competent authority to modify measures imposing an undue burden on natural gas undertakings and to lift its declaration of emergency if the commission considers it not or no longer justified . ### the commission shall verify within three days whether the declaration of an emergency fulfils the criteria indicated in paragraph 2 and whether it does not impose an undue burden on the natural gas undertakings and on the functioning of the internal market . the commission may , in particular , ask the competent authority to modify measures imposing an undue burden on natural gas undertakings and to lift its declaration of emergency if the commission considers it not or no longer justified .


### any period of sixty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years . ### any period of thirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years .


### since gas supplies from third countries are central to the security of gas supply of the community , the commission should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the community . the commission should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the community and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role . ### since gas supplies from third countries are central to the security of gas supply of the union , particularly in the event of a union emergency , the commission , after consultation with the gas coordination group should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the union . the commission , after consultation with the gas coordination group , should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the union and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role .


### the emergency plan shall ensure that cross - border access to the storage facilities is maintained also in case of emergency . the emergency plan shall not introduce any measure unduly restricting the flow of gas across the borders . ### the member states and the competent authorities in the emergency plan shall ensure that cross - border access to contracted capacities in storage facilities is maintained for the contracting parties also in case of emergency . the member states and the competent authorities shall not introduce any measure unduly restricting the flow of contracted volumes of gas across the borders .


### the failure of the largest single gas infrastructure or gas supply source , the so - called n - 1 principle , is a realistic scenario . using the failure of such infrastructure or supply source as a benchmark of what member states should be able to compensate is a valid starting point for ensuring their security of gas supply . ### the failure of the largest single gas infrastructure , the so - called n - 1 principle , may well be a realistic scenario . the failure of such infrastructure is one of the scenario analyses that may help in evaluating a member state’s security of supply .


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the commission may declare a union emergency at the request of one competent authority or where the union is losing more than 10% of its daily gas import from third countries &#8211 ; which amounts to the daily consumption of certain member states &#8211 ; as calculated by entso - g . it shall declare a union emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a union emergency for specifically affected geographical regions comprising more than one member state .


### the transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnections within two years from the entry into force of this regulation , except in cases where at the request of a competent authority , the commission decides that the addition of a bi - directional flow capacity would not enhance the security of supply of any member state . such decision may be reviewed if circumstances change . the level of the bi - directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in article 7 . within that two year period , the gas transmission system operator shall adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows . ### the transmission system operators shall enable permanent physical capacity to transport gas in both directions on interconnections within two years from the entry into force of this regulation , where the addition of a bi - directional flow capacity enhances security of supply in the member states in an economically viable manner . a commission decision to this effect taken at the request of the competent authority shall be preceded by a technical feasibility study and a cost - benefit analysis . the level of the bi - directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in article 7 .


### this regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the member states and the community regarding both preventive action and the reaction to concrete disruptions of supply . ### this regulation establishes measures aimed at safeguarding the security of gas supply by ensuring the proper and continuous functioning of the internal market for gas and by establishing exceptional measures to be implemented when the market can no longer deliver the required gas supplies by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the member states and the community regarding both preventive action and the reaction to concrete disruptions of supply or serious and reliable threats of such disruptions , in the spirit of solidarity between the member states .


### in a community emergency , the commission shall coordinate the actions of the competent authorities . in particular the commission shall ensure the exchange of information , ensure the consistency and effectiveness of the actions at member state and regional level in relation to the community level , and shall coordinate the actions with regard to third countries . the commission may convene a crisis management group composed in particular of representatives of the industry and the member states concerned by the emergency . ### in a union emergency , the commission shall ensure coordination of the emergency actions of the competent authorities . in particular the commission shall ensure the exchange of information , ensure the consistency and effectiveness of the actions at member state and regional level in relation to the union level , and may ensure coordination of the actions with regard to third countries . the commission may convene a crisis management group composed in particular of representatives of the industry and the member states concerned by the emergency .


### sufficient gas infrastructure within a member state and across the community is essential for tackling supply interruptions . common minimum criteria on security of gas supply should ensure a level playing field for security of gas supply and should create significant incentives to build the necessary infrastructure and to improve the level of preparedness in case of crisis . demand side measures such as fuel switching may have a valuable role to play in ensuring energy security where they can be applied quickly and reduce demand appreciably to react to a supply disruption . ### sufficient gas infrastructure within a member state and across the union is essential for tackling supply interruptions . risk and impact assessments based on a common methodology should ensure effective and efficient implementation of minimum criteria on security of gas supply and a level playing field for security of gas supply while taking into account national or regional specificities and should create significant incentives to build the necessary infrastructure and to improve the level of preparedness in case of crisis . demand side measures such as fuel switching may have a valuable role to play in ensuring energy security where they can be applied quickly and reduce gas demand appreciably to react to a supply disruption .


### each member state shall designate a competent authority responsible for the implementation of the security of gas supply measures provided in this regulation . the measures shall include the biennial risk assessment , the establishment of the preventive action plans , the establishment of the emergency plan , and the continuous monitoring of security of gas supply at national level . competent authorities shall cooperate with each other to prevent a supply disruption and to limit damages in case it occurs . ### each member state shall designate on transparent terms an independent competent authority responsible for the implementation of the security of gas supply measures provided in this regulation . the measures shall include the biennial risk assessment , the establishment of the preventive action plans , the establishment of the emergency plan , and the continuous monitoring of security of gas supply at national level . competent authorities shall cooperate with each other to prevent a supply disruption and to limit damages in case it occurs .


### before adopting those plans the competent authorities shall exchange information and consult each other and the commission to ensure that their plans and measures are mutually consistent at the appropriate regional level . these consultations shall cover , as a minimum , interconnections , cross - border supplies , storage across borders and the physical capacity to transport gas in both directions . ### before adopting those plans the competent authorities shall exchange information and consult each other , the commission and the gas coordination group to ensure that their plans and measures are mutually consistent at the appropriate regional level . these consultations shall cover , as a minimum , interconnections , cross - border supplies , storage across borders and the physical capacity to transport gas in both directions .


### following the recommendation of the commission referred to in article 4 or in situation referred to in article 4 , the obligation set out in paragraph 1 may be fulfilled at the regional level . the n - 1 standard shall also be considered to be fulfilled where the competent authority demonstrates in the preventive action plan referred to in article 5 that a supply disruption may be sufficiently and timely compensated for by demand side measures . ### following the recommendation of the commission referred to in article 4 or in the situation referred to in article 4 , the calculation set out in paragraph 1 may be carried out at the regional level . in its calculation of the n - 1 indicator , the competent authority shall be allowed to demonstrate in the preventive action plan referred to in article 5 that a supply disruption may be sufficiently and timely compensated for by specific measures , including demand side measures .


### the commission shall establish a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the commission . this monitoring task force may be deployed when necessary and shall monitor and report on the gas flows within and outside the community , in cooperation with the supplying and transiting countries . ### the commission , after duly taking into account the opinion of the gas coordination group , shall establish a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the commission . this monitoring task force may be deployed when necessary and shall monitor and report on the gas flows within and outside the union , in cooperation with the producing and transiting countries .


### since gas supplies from third countries are central to the security of gas supply of the community , the commission should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the community . the commission should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the community and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role . ### since gas supplies from third countries are central to the security of gas supply of the union , in the event of a union emergency the commission , after consultation of the gas coordination group , should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the union . the commission , after consultation of the gas coordination group , should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the union and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role .


### emergency level : when an exceptionally high demand occurs or when there is a disruption of the supply through or from the largest infrastructure or source and there is a credible risk that the supply standard to the protected customers can no longer be met with market based instruments alone . ### emergency level : when an exceptionally high demand occurs or when there is a disruption of the supply through or from the largest infrastructure or source or there is a credible risk that the supply standard to the protected customers can no longer be met with market based instruments alone .


### ' protected customers ' means all household customers already connected to a gas distribution network , and , if the member state concerned so decides , can also include small and medium - sized enterprises , schools and hospitals provided that they are already connected to a gas distribution network ; ### ' protected customers ' means all household customers already connected to a gas distribution network , and , if the member state concerned so decides , can also include : small and medium - sized enterprises , schools and hospitals provided that they are already connected to a gas distribution network , and b ) electrical power plants for the limited quantity - established by the competent authority on a national needs basis - necessary to avoid interruption of electricity to customers in the event of gas supply disruption ;


### the natural gas undertakings , the relevant organisations representing the interests of household and industrial customers and the regulatory authority , where it is not the competent authority , shall cooperate and provide all necessary information for the risk assessment . ### the natural gas undertakings , the relevant organisations representing the interests of household and industrial customers and the regulatory authority , where it is not the competent authority , shall cooperate and provide all necessary information for the risk and impact assessment .


### the competent authority shall take the measures to ensure the gas supply to the protected customers of the member state in the case of : extremely cold temperatures during a seven days peak period statistically occurring once every twenty years ; and b ) any period of sixty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years . ### in carrying out the risk and impact assessment defined in article 8 , the competent authority shall use a common methodology , which shall include the following indicators for the supply of gas to the protected customers of the member state : supplies in case of extremely cold average temperatures during a seven days period statistically occurring once every twenty years ; and b ) supplies in case of any period of thirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years .


### the transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnections within two years from the entry into force of this regulation , except in cases where at the request of a competent authority , the commission decides that the addition of a bi - directional flow capacity would not enhance the security of supply of any member state . such decision may be reviewed if circumstances change . the level of the bi - directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in article 7 . within that two year period , the gas transmission system operator shall adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows . ### if necessary in the light of the risk and impact assessment carried out in accordance with article 8 , taking into account technical feasibility and a cost - benefit analysis , the transmission system operators shall , by . . . * , enable permanent physical capacity to transport gas in both directions on those interconnections where the addition of a bi - directional flow capacity would enhance the security of supply , in particular during an emergency . the assessment may be reviewed if circumstances change . within that three - year period , the gas transmission system operator shall , in accordance with the risk and impact assessment carried out in accordance with article 8 , taking into account technical feasibility and a cost - benefit analysis , adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows . * oj please insert date : three years from the date of entry into force of this regulation .


### the competent authority shall allow the natural gas undertakings to meet these criteria on a regional or community level and shall not require that these standards are met based on infrastructure located only within its territory . ### the competent authorities shall be allowed to calculate these indicators on a regional or union level and they shall not be required to calculate these indicators only within their territory .


### the gas coordination group shall assist the commission in particular on issues related to : ### in accordance with the provisions of this regulation , the gas coordination group shall closely cooperate with the commission in particular on issues related to :


### national regulatory authorities shall take into account the costs of fulfilling the n - 1 standard and the costs of enabling the permanent physical capacity to transport gas in both directions in their approval of tariffs in line with article 41 of directive [ … / …ec ] . in the case of costs incurred in more than one member state , the national regulatory authorities of all member states concerned shall jointly decide on cost allocation . article 8 of regulation no … / … shall apply . ### national regulatory authorities shall take into account efficiently incurred costs related to measures imposed as a result of this regulation . in the case of investments that affect more than one member state , the national regulatory authorities of all member states concerned shall jointly decide on cost allocation of efficiently incurred costs in one or more member states . article 8 of regulation no 715 / 2009 shall apply .


### national regulatory authorities shall take into account the costs of fulfilling the n - 1 standard and the costs of enabling the permanent physical capacity to transport gas in both directions in their approval of tariffs in line with article 41 of directive [ … / …ec ] . in the case of costs incurred in more than one member state , the national regulatory authorities of all member states concerned shall jointly decide on cost allocation . article 8 of regulation no … / … shall apply . ### national regulatory authorities shall duly take into account the costs of fulfilling the n - 1 standard and the costs of enabling the permanent physical capacity to transport gas in both directions in their approval of tariffs in a transparent and detailed manner , reflecting costs incurred in a clear and identifiable manner and in line with article 41 of directive 2009 / 73 / ec . in the case of costs incurred in more than one member state , the agency for the cooperation of energy regulators with the national regulatory authorities of all member states concerned shall jointly decide on cost allocation . article 8 of regulation no 715 / 2009 shall apply .


### the transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnections within two years from the entry into force of this regulation , except in cases where at the request of a competent authority , the commission decides that the addition of a bi - directional flow capacity would not enhance the security of supply of any member state . such decision may be reviewed if circumstances change . the level of the bi - directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in article 7 . within that two year period , the gas transmission system operator shall adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows . ### amendment 1a . 5 . the transmission system operators shall , within two years from the entry into force of this regulation , enable permanent physical capacity to transport gas in both directions on all interconnections which the commission identifies on the basis of a proposal by the national competent authority as interconnections where ensuring bi - directional flow would significantly enhance the security of supply of the member state . such decision may be reviewed if circumstances change . the level of the bi - directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in article 7 . within that two year period , the gas transmission system operator shall adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows .


### this regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the member states and the community regarding both preventive action and the reaction to concrete disruptions of supply . ### this regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of natural gas undertakings , the member states and the community regarding both preventive action and the reaction to concrete disruptions of supply , and to constitute a practical expression of the spirit of solidarity contained in the treaty on the functioning of the european union .


### the preventive action plan shall take into account economic effectiveness , effects on the functioning of the internal energy market and environmental impact . ### the preventive action plan shall be based primarily on market measures to achieve internal security and shall take into account the economic effectiveness and efficiency of the measures adopted , their effects on the functioning of the internal energy market and the environmental impact .


### the methodology for calculating the n - 1 standard as provided in annex i shall be used . it should take into consideration the network configuration and actual gas flows as well as the presence of production and storage capacities . the calculated area as referred to in annex i shall be extended to the appropriate regional level , where necessary . ### the methodology for calculating the n - 1 as provided in annex i shall be used . it should take into consideration the network configuration and actual gas flows as well as the presence of production and storage capacities . the calculated area as referred to in annex i shall be extended to the appropriate regional level , where necessary , considering regional specificities .


### by [ 31 march 2011 ; 12 months from entry into force ] at the latest , the competent authority , after consultation of the natural gas undertakings , of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority , where it is not the competent authority , shall establish : ### by [ 31 march 2011 ; 12 months from entry into force ] at the latest , on the basis of the risk and impact assessment carried out according to article 8 , the competent authority , after consultation of the natural gas undertakings , of gas - powered generators , of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority , where it is not the competent authority , shall establish :


### following the recommendation of the commission referred to in article 4 or in situation referred to in article 4 , the obligation set out in paragraph 1 may be fulfilled at the regional level . the n - 1 standard shall also be considered to be fulfilled where the competent authority demonstrates in the preventive action plan referred to in article 5 that a supply disruption may be sufficiently and timely compensated for by demand side measures . ### following the recommendation of the commission referred to in article 4 or in the situation referred to in article 4 , the calculation set out in paragraph 1 may be carried out at the regional level . in its calculation of the n - 1 indicator , the competent authority shall be allowed to demonstrate in the preventive action plan referred to in article 5 that a supply disruption may be sufficiently and timely compensated for by specific measures , including demand side measures .


### the precise definition of the roles and responsibilities of all natural gas undertakings and competent authorities is therefore crucial in maintaining the well - functioning of the internal market , particularly in supply disruptions and crisis situations . ### the precise definition of the roles and responsibilities of all natural gas undertakings and competent authorities is therefore crucial to avoid conflicting competences and to maintain the well - functioning of the internal market , particularly in supply disruptions and crisis situations .


### to strengthen the solidarity between member states in the case of a community emergency and in particular to support member states which are exposed to less favourable geographical or geological conditions , member states should devise specific measures to exercise solidarity , including measures such as commercial agreements between natural gas undertakings , compensation mechanisms , increased gas exports or increased releases from storages . solidarity measures may be particularly appropriate between member states for which the commission recommends the establishment of joint preventive actions plans or emergency plans at regional level . ### to strengthen the solidarity between member states in the case of a union emergency and in particular to support member states which are exposed to less favourable geographical or geological conditions , member states should devise specific measures to exercise solidarity , as provided for in the treaty on the functioning of the european union , including measures such as commercial agreements between natural gas undertakings , compensation mechanisms , increased gas exports or increased releases from storages . solidarity measures may be particularly appropriate between member states for which the commission recommends the establishment of joint preventive actions plans or emergency plans at regional level .


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the commission shall declare a community emergency where more than one competent authority has declared an emergency in accordance with article 9 or when the community loses more than 10% of its daily gas import from third countries as estimated by entso - g . it may at the request of a competent authority , declare a community emergency for specifically affected geographical regions comprising more than one member state .


### during the process mentioned in paragraph 2 the commission may recommend at which regional level the exchange of information and consultations shall take place . the commission , after consultation of the european network of transmission system operators for gas and the agency for the cooperation of energy regulators , may also recommend the establishment of a joint plan at regional level . ### during the process mentioned in paragraph 2 the commission may recommend at which regional level the exchange of information and consultations shall take place . the commission , in cooperation with the european network of transmission system operators for gas , the agency for the cooperation of energy regulators and the gas coordination group , may also recommend the establishment of a joint plan at regional level .


### the risk assessment shall be repeated every two years before 30 september of that year . ### the risk and impact assessment shall be repeated every two years before 30 september of that year .


### the methodology for calculating the n - 1 standard as provided in annex i shall be used . it should take into consideration the network configuration and actual gas flows as well as the presence of production and storage capacities . the calculated area as referred to in annex i shall be extended to the appropriate regional level , where necessary . ### the methodology for calculating the n - 1 indicator as provided in annex i shall be used . it should take into consideration the network configuration and transmission infrastructure capacity to deliver gas from production , lng terminals , and storages . the calculated area as referred to in annex i shall be defined by the competent authority after consultation with the relevant natural gas undertakings and shall be extended to the appropriate regional level , where necessary .


### ' protected customers ' means all household customers already connected to a gas distribution network , and , if the member state concerned so decides , can also include small and medium - sized enterprises , schools and hospitals provided that they are already connected to a gas distribution network ; ### ' protected customers ' means all household customers connected to a gas distribution network ;


### the completion of the internal gas market and effective competition within that market offer the community the highest level of security of supply for all member states , provided that the market is allowed to work fully in case of disruption of supply affecting a part of the community , whatever the cause of the disruption . to this end , a comprehensive and effective common approach to security of supply is required , particularly through transparent and non - discriminatory policies compatible with the requirements of the market , avoiding market distortions and undermining of market responses to disruptions . ### the completion of the internal gas market and effective competition within that market offers the union the highest level of security of supply for all member states , provided that the market is allowed to work fully in case of disruption of supply affecting a part of the union , whatever the cause of the disruption . to this end , a comprehensive and effective common approach to security of supply is required , particularly through transparent and non - discriminatory policies compatible with the functioning of the internal market , avoiding market distortions and the undermining of market responses to disruptions .


### since gas supplies from third countries are central to the security of gas supply of the community , the commission should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the community . the commission should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the community and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role . ### since gas supplies from third countries are central to the security of gas supply of the union , particularly in the event of a union emergency , the commission , after consultation with the gas coordination group should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the union . the commission , after consultation with the gas coordination group , should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the union and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role .


### each competent authority shall report to the commission without delay any non - compliance with the n - 1 standard . ### each competent authority shall , after consultation of the relevant natural gas undertakings , report to the commission the results of its calculation of the n - 1 indicator in accordance with article 13 .


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the commission , after consulting the gas coordination group , may declare a union emergency at the request of at least two competent authorities in the affected region or when the union loses more than 20% of its daily gas import from third countries as compared to planned import volumes as estimated by entso - g . after consulting the gas coordination group , it shall declare a union emergency where more than two competent authorities have declared emergency following the verification in accordance with article 9 . it may declare a union emergency for specifically affected geographical regions comprising more than one member state .


### implementation of the plans ; ### review and implementation of the plans ;


### gas routes and sources for the community should support the security of supply of the community as a whole and its member states individually . security of supply will depend in the future on the evolution of the fuel mix , the development of production in the community and in third countries supplying the community , investments in storage facilities and in routes within and outside the community including liquefied natural gas facilities . ### gas routes and sources for the union should support the security of supply of the union as a whole and its member states individually . security of supply will depend in the future on the evolution of the fuel mix , the development of production in the union and in third countries supplying the union , investments in storage facilities and in diversification of routes and sources , with a particular focus on nabucco , within and outside the union including liquefied natural gas facilities .


### security of gas supply is a task of the natural gas undertakings , competent authorities of the member states , the industrial gas customers , and the commission within their respective areas of responsibility . it requires a high degree of cooperation between them . ### security of gas supply is first of all a task of the natural gas undertakings . competent authorities of the member states and the commission shall support the natural gas undertakings within their respective areas of responsibility . this requires a high degree of cooperation between them .


### the competent authority shall take the measures to ensure the gas supply to the protected customers for the period of sixty days also in the event of an emergency as defined in article 9 . the competent authority shall endeavour to maintain the supply for the protected customers as long as necessary . ### the competent authority shall take the appropriate measures to ensure the gas supply to the protected customers for the period of sixty days also in the event of an emergency as defined in article 9 . after sixty days , or under more severe conditions than those defined in paragraph 1 , the competent authority shall endeavour to maintain as far and as long as possible the supply for the protected customers .


### each member state shall designate a competent authority responsible for the implementation of the security of gas supply measures provided in this regulation . the measures shall include the biennial risk assessment , the establishment of the preventive action plans , the establishment of the emergency plan , and the continuous monitoring of security of gas supply at national level . competent authorities shall cooperate with each other to prevent a supply disruption and to limit damages in case it occurs . ### each member state shall designate a competent authority responsible for the implementation of the security of gas supply measures in line with the provisions of this regulation . the measures shall include the biennial risk and impact assessment , the establishment of the preventive action plans , the establishment of the emergency plan , and the continuous monitoring of security of gas supply at national level . competent authorities shall cooperate with each other to prevent a supply disruption and to limit damages in case it occurs .


### in order to ensure the highest level of preparedness in case of supply disruption , emergency plans should be established by all natural gas undertakings together with the competent authorities . such plans should be mutually consistent . their content should follow best practices among existing plans and should define clear roles and responsibilities for all concerned natural gas undertakings and competent authorities . joint emergency plans at regional level , should be established where possible and necessary . ### in order to ensure the highest level of preparedness in case of supply disruption , emergency plans should be established by the competent authorities , after consultation of the natural gas undertakings . such plans should be mutually consistent . their content should follow best practices among existing plans and should define clear roles and responsibilities for all concerned natural gas undertakings and competent authorities . joint emergency plans at regional level , should be established where possible and necessary .


### hourly flow of gas at all cross - border entry and exit points as well as all points connecting a production facility to the network , storage , lng in mcm / d ; ### hourly flow of gas at all cross - border entry and exit points as well as all points connecting the transmission network to a production facility , storage facility or lng terminal ;


### the competent authority shall publish its plans , including amended versions according to paragraph 6 , and notify them to the commission without delay . ### the competent authority shall publish a non confidential version of its plans , including amended versions according to paragraph 6 , and notify them to the commission and the gas coordination group without delay .


### after an emergency , the competent authority shall without delay provide to the commission a detailed assessment of the emergency and the effectiveness of the implemented measures , including the assessment of economic impact of the emergency , the impact of the fuel switching on the levels of the emissions , the impact on the electricity sector and the assistance provided to and / or received from the community and its member states . ### after an emergency , the competent authority shall without delay provide to the commission a detailed assessment of the emergency and the effectiveness of the implemented measures , including the assessment of economic impact of the emergency , the impact of the fuel switching on the levels of the emissions , the impact on the electricity sector and the assistance provided to and / or received from the union and its member states . the commission shall analyse the assessments of the member states and present its results , in aggregated form , to the gas coordination group .


### before adopting those plans the competent authorities shall exchange information and consult each other and the commission to ensure that their plans and measures are mutually consistent at the appropriate regional level . these consultations shall cover , as a minimum , interconnections , cross - border supplies , storage across borders and the physical capacity to transport gas in both directions . ### before adopting those plans the competent authorities shall exchange information and consult each other , the commission and the gas coordination group to ensure that their plans and measures are mutually consistent at the appropriate regional level . these consultations shall cover , as a minimum , interconnections , cross - border supplies , storage across borders and the physical capacity to transport gas in both directions .


### the failure of the largest single gas infrastructure or gas supply source , the so - called n - 1 principle , is a realistic scenario . using the failure of such infrastructure or supply source as a benchmark of what member states should be able to compensate is a valid starting point for ensuring their security of gas supply . ### the failure of the largest single gas infrastructure , the so - called n - 1 principle , is a realistic scenario . using the failure of such infrastructure as a benchmark of what member states should be able to compensate is a valid starting point for an analysis of the security of gas supply of each member state .


### the competent authority shall take the measures to ensure the gas supply to the protected customers of the member state in the case of : extremely cold temperatures during a seven days peak period statistically occurring once every twenty years ; and b ) any period of sixty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years . ### in carrying out the risk and impact assessment defined in article 8 , the competent authority shall use a common methodology , which shall include the following indicators for the supply of gas to the protected customers of the member state : supplies in case of extremely cold average temperatures during a seven days period statistically occurring once every twenty years ; and b ) supplies in case of any period of thirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years .


### hourly flow of gas at all cross - border entry and exit points as well as all points connecting a production facility to the network , storage , lng in mcm / d ; ### hourly flow of gas at all cross - border entry and exit points as well as all points connecting a production facility to the network , storage , lng in mcm / h ;


### to strengthen the solidarity between member states in the case of a community emergency and in particular to support member states which are exposed to less favourable geographical or geological conditions , member states should devise specific measures to exercise solidarity , including measures such as commercial agreements between natural gas undertakings , compensation mechanisms , increased gas exports or increased releases from storages . solidarity measures may be particularly appropriate between member states for which the commission recommends the establishment of joint preventive actions plans or emergency plans at regional level . ### to strengthen the solidarity between member states in the case of a union emergency and in particular to support member states which are exposed to less favourable geographical or geological conditions , member states should devise measures to exercise solidarity . natural gas undertakings should devise measures such as commercial agreements , which may comprise increased gas exports or increased releases from storages . it is important to encourage the conclusion of prior arrangements between natural gas undertakings . natural gas undertakings should always be compensated in a fair and equitable manner for any measures they are asked to take in preparation for an emergency situation . obligations for solidarity measures should be limited to the supply of household customers . solidarity measures may be particularly appropriate between member states for which the commission recommends the establishment of joint preventive actions plans or emergency plans at regional level .


### sufficient gas infrastructure within a member state and across the community is essential for tackling supply interruptions . common minimum criteria on security of gas supply should ensure a level playing field for security of gas supply and should create significant incentives to build the necessary infrastructure and to improve the level of preparedness in case of crisis . demand side measures such as fuel switching may have a valuable role to play in ensuring energy security where they can be applied quickly and reduce demand appreciably to react to a supply disruption . ### sufficient gas infrastructure within a member state and across the union is essential for tackling supply interruptions . risk and impact assessments based on a common methodology should ensure effective and efficient implementation of minimum criteria on security of gas supply and a level playing field for security of gas supply while taking into account national or regional specificities and should create significant incentives to build the necessary infrastructure and to improve the level of preparedness in case of crisis . demand side measures such as fuel switching may have a valuable role to play in ensuring energy security where they can be applied quickly and reduce gas demand appreciably to react to a supply disruption .


### ' protected customers ' means all household customers already connected to a gas distribution network , and , if the member state concerned so decides , can also include small and medium - sized enterprises , schools and hospitals provided that they are already connected to a gas distribution network ; ### ' protected customers ' means all household customers connected to a gas distribution network ;


### natural gas undertakings shall notify the commission of the following details of the contracts concluded with suppliers from third countries : ### the competent authorities shall notify the commission of the following details of the contracts concluded by the natural gas undertakings of their respective member states with suppliers from third countries on an aggregated basis :


### by [ 31 march 2014 ; 3 years after entry into force ] at the latest , the competent authority shall ensure that in the event of a disruption of the largest gas supply infrastructure , the remaining infrastructure has the capacity to deliver the necessary volume of gas to satisfy total gas demand of the calculated area during a period of sixty days of exceptionally high gas demand during the coldest period statistically occurring every twenty years . ### by [ 31 march 2016 ; five years after entry into force ] at the latest , the competent authority shall ensure that in the event of a disruption of largest gas supply infrastructure , the remaining infrastructure has the technical capacity to satisfy total daily gas demand of the calculated area during a day of exceptionally high demand statistically occurring once every twenty years .


### the preventive action plan shall take into account economic effectiveness , effects on the functioning of the internal energy market and environmental impact . ### the preventive action plan shall be based primarily on market measures to achieve internal security and shall take into account the economic effectiveness and efficiency of the measures adopted , their effects on the functioning of the internal energy market and the environmental impact .


### in a community emergency , the commission shall coordinate the actions of the competent authorities . in particular the commission shall ensure the exchange of information , ensure the consistency and effectiveness of the actions at member state and regional level in relation to the community level , and shall coordinate the actions with regard to third countries . the commission may convene a crisis management group composed in particular of representatives of the industry and the member states concerned by the emergency . ### in a union emergency , the commission shall ensure coordination of the emergency actions of the competent authorities . in particular the commission shall ensure the exchange of information , ensure the consistency and effectiveness of the actions at member state and regional level in relation to the union level , and may ensure coordination of the actions with regard to third countries . the commission may convene a crisis management group composed in particular of representatives of the industry and the member states concerned by the emergency .


### the competent authority shall immediately inform the commission and provide it with all the necessary information when it declares any of the crisis levels . in the event of an emergency which may result in a call for assistance from the eu and its member states the competent authority of the member state concerned shall without delay notify the commission’s civil protection monitoring and information centre . ### the competent authority shall immediately inform the commission and provide it with all the necessary information when it declares the alert or emergency level . in the event of an emergency which may result in a call for assistance from the eu and its member states the competent authority of the member state concerned shall without delay notify the commission’s civil protection monitoring and information centre .


### by [ 31 march 2014 ; 3 years after entry into force ] at the latest , the competent authority shall ensure that in the event of a disruption of the largest gas supply infrastructure , the remaining infrastructure has the capacity to deliver the necessary volume of gas to satisfy total gas demand of the calculated area during a period of sixty days of exceptionally high gas demand during the coldest period statistically occurring every twenty years . ### by [ 31 march 2014 ; 3 years after entry into force ] at the latest , the member states or the natural gas undertakings concerned shall ensure that in the event of a disruption of the largest gas supply infrastructure , the remaining infrastructure has the capacity to deliver the necessary volume of gas to satisfy total gas demand of the calculated area during a period of sixty days of exceptionally high gas demand during the coldest period statistically occurring every twenty years .


### the transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnections within two years from the entry into force of this regulation , except in cases where at the request of a competent authority , the commission decides that the addition of a bi - directional flow capacity would not enhance the security of supply of any member state . such decision may be reviewed if circumstances change . the level of the bi - directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in article 7 . within that two year period , the gas transmission system operator shall adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows . ### if necessary according to the risk and impact assessment carried out according to article 8 , taking into account technical feasibility and an economic assessment of the costs and benefits to the market , the transmission system operators shall , within three years from the entry into force of this regulation , enable necessary physical capacity to transport gas in both directions on those interconnections where the addition of a bi - directional flow capacity would enhance security of supply , in particular during an emergency . within that three year period , the gas transmission system operator shall , in accordance with the risk and impact assessment carried out according to article 8 , taking into account technical feasibility and an economic assessment of the costs and benefits to the market , adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows .


### during the process mentioned in paragraph 2 the commission may recommend at which regional level the exchange of information and consultations shall take place . the commission , after consultation of the european network of transmission system operators for gas and the agency for the cooperation of energy regulators , may also recommend the establishment of a joint plan at regional level . ### during the process mentioned in paragraph 2 the commission , after consultation of the european network of transmission system operators , the regulators and the gas undertakings may recommend at which regional level the exchange of information and consultations shall take place . the commission , after consultation of entso - g , the regulators and the gas undertakings may also recommend the establishment of a joint plan at regional level .


### the competent authority shall take the measures to ensure the gas supply to the protected customers for the period of sixty days also in the event of an emergency as defined in article 9 . the competent authority shall endeavour to maintain the supply for the protected customers as long as necessary . ### the competent authority shall take the appropriate measures to ensure the gas supply to the protected customers for the period of sixty days also in the event of an emergency as defined in article 9 . after sixty days , or under more severe conditions than those defined in paragraph 1 , the competent authority shall endeavour to maintain as far and as long as possible the supply for the protected customers .


### when the commission considers that in a community emergency , an action taken by a competent authority or natural gas undertakings is inappropriate to deal with the emergency , or that it seriously endangers the situation in another member state , the commission shall require the competent authority or natural gas undertaking to change its action . within three days from notification of the commission ' s request , the competent authority concerned shall change its action and notify the commission or shall set out to the commission why it does not agree with the request . in that case , the commission may amend or withdraw its request . if , within three days , the commission decides not to amend or withdraw its request , the competent authority shall comply with the commission ' s request without delay . ### when the commission , in consultation with the gas coordination group , considers that in a community emergency , an action taken by a member state or natural gas undertakings is inappropriate to deal with the emergency , or that it seriously endangers the situation in another member state , the commission shall require the member state or natural gas undertaking to change its action . within three days from notification of the commission ' s request , the member state concerned shall change its action and notify the commission or shall set out to the commission why it does not agree with the request . in that case , the commission may amend or withdraw its request . if , within three days , the commission decides not to amend or withdraw its request , the member state shall comply with the commission ' s request without delay .


### period , expressed in days , during which it is possible to ensure gas supply to the protected customers ### period , expressed in days , during which it is expected that gas supply to the protected customers can be ensured .


### each member state shall designate a competent authority responsible for the implementation of the security of gas supply measures provided in this regulation . the measures shall include the biennial risk assessment , the establishment of the preventive action plans , the establishment of the emergency plan , and the continuous monitoring of security of gas supply at national level . competent authorities shall cooperate with each other to prevent a supply disruption and to limit damages in case it occurs . ### each member state shall designate on transparent terms a competent authority independent from the market players and responsible for the implementation of the security of gas supply measures provided in this regulation . the measures shall include the biennial risk assessment , the establishment of the preventive action plans , the establishment of the emergency plan , and the continuous monitoring of security of gas supply at national level . competent authorities shall cooperate with each other to prevent a supply disruption and to limit damages in case it occurs .


### the competent authority shall allow the natural gas undertakings to meet these criteria on a regional or community level and shall not require that these standards are met based on infrastructure located only within its territory . ### the competent authorities shall be allowed to calculate these indicators on a regional or union level and they shall not be required to calculate these standards indicators only within their territory .


### the competent authority shall immediately inform the commission and provide it with all the necessary information when it declares any of the crisis levels . in the event of an emergency which may result in a call for assistance from the eu and its member states the competent authority of the member state concerned shall without delay notify the commission’s civil protection monitoring and information centre . ### the competent authority shall immediately inform the commission and the gas coordination group and provide them with all the necessary information when it declares any of the crisis levels . in the event of an emergency which may result in a call for assistance from the eu and its member states the competent authority of the member state concerned shall without delay notify the commission’s civil protection monitoring and information centre .


### the methodology for calculating the n - 1 standard as provided in annex i shall be used . it should take into consideration the network configuration and actual gas flows as well as the presence of production and storage capacities . the calculated area as referred to in annex i shall be extended to the appropriate regional level , where necessary . ### the methodology for calculating the n - 1 indicator as provided in annex i shall be used . the calculated area as referred to in annex i shall be defined by the competent authority after consultation with the relevant natural gas undertakings and shall be extended to the appropriate regional level , where necessary .


### during the process mentioned in paragraph 2 the commission may recommend at which regional level the exchange of information and consultations shall take place . the commission , after consultation of the european network of transmission system operators for gas and the agency for the cooperation of energy regulators , may also recommend the establishment of a joint plan at regional level . ### during the process mentioned in paragraph 2 the commission may recommend at which regional level the exchange of information and consultations shall take place . the commission , in cooperation with the european network of transmission system operators for gas , the agency for the cooperation of energy regulators and the gas coordination group , may also recommend the establishment of a joint plan at regional level .


### since gas supplies from third countries are central to the security of gas supply of the community , the commission should coordinate the actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the community . the commission should be entitled to deploy a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the community and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role . ### since gas supplies from third countries are central to the security of gas supply of the community , the commission should coordinate emergency actions with regard to third countries , working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the community . the commission should be entitled to request the deployment of a task force to monitor gas flows in crisis situations within and , in consultation with the third countries involved , outside the community and , where a crisis arises due to difficulties in a third country , to assume a mediation and facilitation role .