### 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 ] , 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 .


### 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 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 .


### 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 introduce appropriate incentives and include all the costs of efficiently fulfilling the infrastructure standard and the costs of enabling the economic permanent physical capacity to transport gas in both directions in their approval of tariffs or methodologies , and exempt these costs from efficiency benchmarks , in line with article 41 of directive 2009 / 73 / ec . in the case of costs incurred in more than one member state , or in one member state for the exclusive benefit of other member states the national regulatory authorities of all member states concerned shall jointly decide on the cost allocation . article 8 of regulation no 715 / 2009 shall apply .


### ' 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 ;


### 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 coordinate the actions of the competent authorities after consultation with the gas coordination group . 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 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 .


### 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 .


### 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 . . . * , the competent authority shall ensure that in the event of a disruption of flows at the largest gas transmission entry point the available infrastructure has the capacity to deliver the necessary volume of gas to satisfy gas demand of the protected customers in the calculated area during a day of exceptionally high gas demand during the coldest period statistically occurring every twenty years . * oj please insert date : 6 years after the entry into force of this regulation .


### 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 .


### 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 .


### by [ … ] the commission , having assessed the notified plans and after consulting the gas coordination group , shall draw conclusions as to possible means to enhance security of supply at community level and shall report to the european parliament and the council on the implementation of this regulation . the report shall include , where appropriate , recommendations for improvement of this regulation . ### by [ … ] the commission , having assessed the notified plans and after consulting the gas coordination group , shall draw conclusions as to possible means to enhance security of supply at union level and shall report to the european parliament and the council on the implementation of this regulation . in order to enable member states lacking infrastructure to reach n - 1 standard , the commission shall monitor the achievements on market interconnectivity and , after consulting the gas coordination group , propose possible instruments to enhance the market . the report shall include , where appropriate , recommendations for improvement of this regulation .


### the preventive action plan shall contain : ### the preventive action plan , at national , regional or community level , shall contain :


### 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 .


### 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 :


### 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 . 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 .


### 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 .


### 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 community emergency , the commission shall coordinate the actions of the competent authorities through the gas coordination group . 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 shall convene a crisis management group composed in particular of representatives of the industry and the member states concerned by the emergency . the commission shall organise the tasks and duties of such a crisis management group taking into account the prerogatives of the gas coordination group . the commission shall ensure that the gas coordination group is regularly informed about the work undertaken by the crisis management group .


### 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 .


### 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 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 community emergency at the request of one competent authority or when the community loses more than 20% of its daily gas import from third countries , in so far as the lost gas imports cannot already be compensated for by market mechanisms . it may , at the request of a competent authority and after consulting the gas coordination group , declare a community emergency for specifically affected geographical regions comprising more than one member state .


### define the role and responsibilities of the natural gas undertakings and of the industrial customers , and their interaction with the competent authority and where appropriate with the regulatory authority ; ### define the role and responsibilities of all market participants , and their interaction with the competent authority and where appropriate with the regulatory authority ;


### 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 .


### 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 ;


### 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 .


### 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 introduce appropriate incentives and 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 or their methodologies in line with article 41 of directive 2009 / 73ec . in the case of costs incurred in more than one member state or in one member state for the benefit of other member states , the national regulatory authorities of all member states concerned shall jointly decide on cost allocation before any investment decision is taken . any such investment decision shall be subject to approval by the national regulatory authority in relation to its costs and the allocation of such costs among all of the national regulatory authorities concerned . the proportion to which each member state benefits from the investment with regard to security of supply shall be taken into consideration in relation to the allocation of costs among those member states . article 8 of regulation no 715 / 2009 / shall apply .


### ' 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 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 take into account cost efficiency , economic effectiveness , effects on the functioning of the internal energy market , environmental impact and all relevant international developments , particularly in major supply and transit countries .


### 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 ensuring their security of gas supply .


### 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 four days 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 seek the advice of the gas coordination group in this matter . 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 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 gas coordination group shall assist the commission in particular on issues related to : ### the gas coordination group shall cooperate with the commission in particular on issues related to :


### 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 of 13 july 2009 concerning common rules for the internal market in natural gas . 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 in order to implement the infrastructure requirements laid down in this regulation and to undertake a risk assessment at community 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 .


### the competent authority or natural gas undertakings shall not introduce any measure restricting the flow of gas within the internal market at any time . ### the member states and the competent authorities shall not introduce any measure unduly restricting the flow of contracted volumes of gas across borders , subject to their legal duties in relation to health and safety and environmental matters .


### 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 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 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 shall establish a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the commission and members of the staff of the energy commissioner and members of staff of the vice - president of the commission / high representative for foreign and security policy . 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 supplying and transiting countries .


### 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 .


### 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 . ### the diversification of gas routes and sources for the community is essential to improve 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 the diversification of routes and sources of supply within and outside the community including liquefied natural gas facilities . for these reasons it is necessary to adopt measures that promote such diversification in the long term .


### the competent authorities and the commission shall ensure the confidentiality of commercially sensitive information . ### the competent authorities and the commission shall at all times ensure the confidentiality of commercially sensitive information submitted to them in application of this regulation .


### 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 union emergency where more than one competent authority has declared an emergency in accordance with article 9 or when the union loses a substantial amount of its daily gas import from third countries as estimated by entso - g that cannot be compensated through market mechanisms . it may , at the request of a competent authority , declare a union emergency for specifically affected geographical regions comprising more than one member state .


### 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 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 . the gas coordination group shall be informed of these consultations and their results .


### 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 , gas - powered generators , 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 .


### 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 community emergency , the commission shall coordinate the actions of the competent authorities through the gas coordination group . 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 shall convene a crisis management group composed in particular of representatives of the industry and the member states concerned by the emergency . the commission shall organise the tasks and duties of such a crisis management group taking into account the prerogatives of the gas coordination group . the commission shall ensure that the gas coordination group is regularly informed about the work undertaken by the crisis management group .


### 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 measures to ensure the security of supply shall be clearly defined , transparent , proportionate , non - discriminatory , verifiable , and shall not unduly distort competition and the effective functioning of the internal market . ### the measures to ensure the security of supply shall be clearly defined , transparent , proportionate , non - discriminatory , verifiable , and shall not unduly distort , but on the contrary promote competition and the effective functioning of the internal market .


### 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 , 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 , establishing the regions in the light of the infrastructure relevant to the security of natural gas supply .


### 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 .


### 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 consultation 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 supplying and transiting countries .


### 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 introduce appropriate incentives and 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 or their methodologies in line with article 41 of directive 2009 / 73ec . in the case of costs incurred in more than one member state or in one member state for the benefit of other member states , the national regulatory authorities of all member states concerned shall jointly decide on cost allocation before any investment decision is taken . any such investment decision shall be subject to approval by the national regulatory authority in relation to its costs and the allocation of such costs among all of the national regulatory authorities concerned . the proportion to which each member state benefits from the investment with regard to security of supply shall be taken into consideration in relation to the allocation of costs among those 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 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 .


### 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 .


### investments in new gas infrastructure should be strongly promoted . they should enhance the security of gas supply while ensuring the proper functioning of the internal market in natural gas . where an infrastructure investment is of cross - border nature the agency for the cooperation of energy regulators established by regulation no . . . / … of the european parliament and of the council and the european network of transmission system operators for gas should be closely involved in order to take better account of the cross - border implications . ### investments in new gas infrastructure should be strongly promoted and should be effected only after an appropriate environmental impact assessment . such new infrastructure should enhance the security of gas supply while ensuring the proper functioning of the internal market in natural gas . investments should as a matter of fundamental principle be made by undertakings and be based on economic incentives . the integration of gas from renewable energy sources into the gas network infrastructure should be facilitated . where an infrastructure investment is of cross - border nature the agency for the cooperation of energy regulators established by regulation no . . . / … of the european parliament and of the council and the european network of transmission system operators for gas should be closely involved in order to take better account of the cross - border implications .


### 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 measures to ensure the security of supply shall be clearly defined , transparent , proportionate , non - discriminatory , verifiable , and shall not unduly distort competition and the effective functioning of the internal market . ### the measures to ensure the security of supply shall be based on the risk and impact assessment carried out according to article 8 , clearly defined , transparent , proportionate , non - discriminatory , verifiable , and shall not unduly distort competition and the effective functioning of the internal market .


### 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 .


### 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 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 . the possibility of co - financing the improvement of the interconnectivity from community funds , especially for the regions which are considered to be ' energy islands ' , shall be explored .


### 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 .


### however , under the current measures regarding the security of gas supply that have been taken at community level , member states still enjoy a large margin of discretion as to the choice of measures . where the security of supply of a member state is threatened , there is a clear risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market . recent experience has demonstrated the reality of that risk . to allow the internal gas market to function even in the face of a shortage of supply , it is therefore necessary to provide for a more coordinated response to supply crises , both concerning preventive action and the reaction to concrete disruptions of supply . ### however , under the current measures regarding the security of gas supply that have been taken at community level , member states still enjoy a large margin of discretion as to the choice of measures . where the security of supply of a member state is threatened , there is a clear risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market and the security of protected , including vulnerable , customers . recent experience has demonstrated the reality of that risk . to allow the internal gas market to function even in the face of a shortage of supply , it is therefore necessary to provide for solidarity and coordination in the response to supply crisis , both concerning preventive action and the reaction to concrete disruptions of supply .


### this regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions . it should also provide for emergency mechanisms to be used when markets are no longer able to deal adequately with a gas supply disruption . even in an emergency , market based instruments should be given priority to mitigate the effects of the supply disruption . ### this regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions . it should also provide for emergency mechanisms to be used when markets alone are no longer able to deal adequately with a gas supply disruption . even in an emergency , market based instruments should be given priority to mitigate the effects of the supply disruption .


### identify the contribution of the non - market based measures planned or to be implemented for the emergency level listed in annex iii and assess the degree to which the use of non - market based measures is necessary to cope with the crisis , assess their effects and define the procedures to implement them ; ### identify the contribution of the non - market based measures planned or to be implemented for the emergency level listed in annex iii and assess the degree to which the use of non - market based measures is necessary to cope with the crisis , assess their effects and define the procedures to implement them ; non - market based measures shall be used to ensure the security of gas supply only as a last resort ;


### 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 take into account cost efficiency , economic effectiveness , effects on the functioning of the internal energy market , environmental impact and all relevant international developments , particularly in major supply and transit countries .


### early warning level : when there is concrete , serious and reliable information , possibly triggered by an early warning mechanism , that an event may occur which will deteriorate the supply conditions ; ### early warning level : concrete , serious and reliable suggests that supply conditions could deteriorate in the short term . the market is expected to solve the problem without the intervention of the competent authority ;


### 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 member states or the gas undertakings concerned 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 member state shall endeavour to maintain the supply for the protected customers as long as necessary .


### 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 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 including geopolitical risks .


### 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 introduce appropriate incentives and include all the costs of efficiently fulfilling the infrastructure standard and the costs of enabling the economic permanent physical capacity to transport gas in both directions in their approval of tariffs or methodologies , and exempt these costs from efficiency benchmarks , in line with article 41 of directive 2009 / 73 / ec . in the case of costs incurred in more than one member state , or in one member state for the exclusive benefit of other member states the national regulatory authorities of all member states concerned shall jointly decide on the cost allocation . article 8 of regulation no 715 / 2009 shall apply .


### 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 in line with the provisions of this regulation . the measures shall include the biennial risk and impact assessment including geopolitical risks , 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 .


### 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 . ### the diversification of gas routes and sources for the community is essential to improve 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 the diversification of routes and sources of supply within and outside the community including liquefied natural gas facilities . for these reasons it is necessary to adopt measures that promote such diversification in the long term .


### 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 supply is a shared task of the natural gas undertakings , competent authorities , member states , the commission and , where appropriate , customers other than protected customers , within their respective areas of responsibility . it requires a high degree of cooperation between them .


### 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 :


### 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 .


### 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 .


### 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 , and exceptional measures to be implemented where the market cannot deliver the required gas supply , 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 union regarding both preventive action and the reaction to concrete disruptions of supply in a spirit of solidarity between the member states .


### 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 .


### define the role and responsibilities of the competent authority ; ### define the role and responsibilities of the competent authority and of the other authorities to which tasks were allocated as referred to in point of the second paragraph of article 2 ;


### 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 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 risk assessment referred to in article 8 , in the preventive action plan referred to in article 5 and taking into account the cost efficiency of investments that a supply disruption may be sufficiently and timely compensated for by specific measures including demand side measures .


### the competent authorities and the commission shall ensure the confidentiality of commercially sensitive information . ### the competent authorities and the commission shall at all times ensure the confidentiality of commercially sensitive information submitted to them in application 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 [ 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 , shall establish :


### investments in new gas infrastructure should be strongly promoted . they should enhance the security of gas supply while ensuring the proper functioning of the internal market in natural gas . where an infrastructure investment is of cross - border nature the agency for the cooperation of energy regulators established by regulation no . . . / … of the european parliament and of the council and the european network of transmission system operators for gas should be closely involved in order to take better account of the cross - border implications . ### investments in new gas infrastructure should be strongly promoted and should be effected only after an appropriate environmental impact assessment . such new infrastructure should enhance the security of gas supply while ensuring the proper functioning of the internal market in natural gas . investments should as a matter of fundamental principle be made by undertakings and be based on economic incentives . the integration of gas from renewable energy sources into the gas network infrastructure should be facilitated . where an infrastructure investment is of cross - border nature the agency for the cooperation of energy regulators established by regulation no . . . / … of the european parliament and of the council and the european network of transmission system operators for gas should be closely involved in order to take better account of the cross - border implications .


### a gas coordination group is established to facilitate the coordination of measures concerning the security of supply . the group shall be composed of representatives of the competent authorities , acer , entso - g and representative bodies of the industry concerned and relevant customers . the commission shall decide on the composition of the group ensuring its representativity and shall chair the group . the group shall establish its rules of procedure . ### a gas coordination group is established to facilitate the coordination of measures concerning the security of supply . the group shall be composed of representatives of the competent authorities , the national regulatory authorities where they are not the competent authorities , acer , entso - g and representative bodies of the industry concerned and relevant customers . the commission shall decide on the composition of the group ensuring its representativity and shall chair the group . the group shall establish its rules of procedure .


### 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 .


### 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 .


### 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 .


### 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 and the commission to ensure that their plans and measures are mutually consistent at the appropriate regional and community 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 as well as contractual restrictions to provision of cross - border supplies . in the course of the consultation , the confidentiality of commercially sensitive information shall be safeguarded .


### 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 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 or more than 50% of the daily gas import into a particular member state . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 .


### so that the retail investor is able to take an informed investment decision , persons selling investment products should be required to provide the key information document in good time before any transaction is concluded . this requirement should generally apply irrespective of where or how the transaction takes place . persons selling include both distributors and the investment product manufacturer themselves where they choose to sell the product directly to retail investors . to ensure necessary flexibility and proportionality , retail investors who wish to conclude a transaction using a means of distance communication should be able to receive the key information document after the conclusion of the transaction . even in this case the key information document would be useful for the investor , for instance to allow the investor to compare the product purchased with that described in the key information document . this regulation is without prejudice to the directive 2002 / 65 / ec of the european parliament and the council . ### so that the retail investor is able to take an informed investment decision , persons selling investment products should be required to provide the key information document in good time before any transaction is concluded . this requirement should generally apply irrespective of where or how the transaction takes place . persons selling include both distributors and the investment product manufacturer themselves where they choose to sell the product directly to retail investors . to ensure necessary flexibility and proportionality , retail investors who wish to conclude a transaction using a means of distance communication should be able to receive the key information document after the conclusion of the transaction provided that the key information document has been provided on another durable medium before the conclusion of the transaction . this regulation is without prejudice to the directive 2002 / 65 / ec of the european parliament and the council .


### this document provides you with key information about this investment product . it is not marketing material . the information is required by law to help you understand the nature of this investment product and the risks of investing in it . you are advised to read it so that you can take an informed decision about whether to invest . ### this document provides you with key information about this investment product . it is not marketing material . the information is required by law to help you understand the nature of this investment product and the risks and opportunities of investing in it , as well as the costs associated to it . you are advised to read it so that you are in a better position to compare different investment products . this document does not represent a purchasing recommendation . you may need to consult other complementary documents in order to take an informed decision about whether to invest .


### under a section titled ‘ what are the costs ? ’ , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs ; ### under a section titled ‘ what are the costs ? ’ , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs , together with an indication about the payment terms in relation to those costs ;


### where an investment product manufacturer has produced a key information document which does not comply with the requirements of articles 6 , 7 and 8 on which a retail investor has relied when making an investment decision , such a retail investor may claim from the investment product manufacturer damages for any loss caused to that retail investor through the use of the key information document . ### a retail investor who has relied when making an investment decision on a key information document which does not comply with the requirements in articles 6 , 7 and 8 may claim from the investment product manufacturer damages for any financial loss caused by the investment product manufacturer ' s failure to comply with those requirements .


### this document provides you with key information about this investment product . it is not marketing material . the information is required by law to help you understand the nature of this investment product and the risks of investing in it . you are advised to read it so that you can take an informed decision about whether to invest . ### this document provides you with key information about this investment product . it is not marketing material . the information is required by law to help you understand the nature of this investment product and the risks and costs of investing in it . you are advised to read it to help you take an informed decision about whether to invest .


### the second subparagraph of article 18 of regulation no 247 / 2006 foresees gradual elimination , by 31 december 2013 , of vineyards planted with prohibited direct - producer hybrid vine varieties in the azores and madeira . the third subparagraph of article 18 of that regulation obliges portugal to notify each year progress made in converting and restructuring areas planted with such vine varieties . these provisions are stricter than the rules laid down in article 120a of regulation no 1234 / 2007 , namely that prohibited direct - producer hybrid vine varieties shall be grubbed up except when the resulting wine is intended exclusively for the wine producers ' family . therefore article 18 and 18 of regulation no 247 / 2006 should be deleted in order to eliminate the disparity of treatment between the regions of the azores and madeira on one hand and the rest of the community on the other . ### the second subparagraph of article 18 of regulation no 247 / 2006 foresees gradual elimination , by 31 december 2013 , of vineyards planted with prohibited direct - producer hybrid vine varieties in the azores and madeira . the third subparagraph of article 18 of that regulation obliges portugal to notify each year progress made in converting and restructuring areas planted with such vine varieties . these provisions are stricter than the rules laid down in article 120a of regulation no 1234 / 2007 , namely that prohibited direct - producer hybrid vine varieties shall be grubbed up except when the resulting wine is intended exclusively for the wine producers ' family . therefore the date of 31 december 2013 in article 18 of regulation no 247 / 2006 should be deleted in order to eliminate the disparity of treatment between the regions of the azores and madeira on one hand and the rest of the community on the other .


### decisions on the authorisation referred to in paragraph 1 shall be taken in accordance with the procedure referred to in article 15 . the commission shall take its decision within 90 days of receipt of the notification referred to in article 8 . where additional information is needed to take a decision , the 90 days shall run from the date of receipt of the additional information . ### decisions on the authorisation referred to in paragraph 1 shall be taken in accordance with the procedure referred to in article 15 . the commission shall take its decision within 30 days of receipt of the notification referred to in article 8 . where additional information is needed to take a decision , the 30 days shall run from the date of receipt of the additional information .


### no later than five years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of chapters ii and iii of this regulation . this report should , inter alia , review the need for the continued application of these chapters . where the report recommends to discontinue the application of the provisions of these chapters or where it would propose to modify these provisions , it should be accompanied by an appropriate legislative proposal . unless replaced by an agreement of the union concerning investment , or otherwise terminated , bilateral agreements concluded by member states with third countries remain binding on the parties under public international law . ### no later than five years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of chapters ii and iii of this regulation . this report should , inter alia , review the need for the continued application of these chapters . where the report recommends to discontinue the application of the provisions of these chapters or where it would propose to modify these provisions , it should be accompanied by an appropriate legislative proposal . unless replaced by an agreement of the union concerning foreign direct investment , or otherwise terminated , bilateral foreign direct investment agreements concluded by member states with third countries remain binding on the parties under public international law .


### the notification referred to in paragraph 1 shall be transmitted at least five calendar months before formal negotiations are to commence with the third country concerned . ### the notification referred to in paragraph 1 shall be transmitted at least three calendar months before formal negotiations are to commence with the third country concerned .


### member states shall require listed companies to provide information to the competent national authorities , once a year as from [ two years after adoption ] , about the gender representation on their boards , distinguishing between non - executive and executive directors and about the measures taken in view of the objectives laid down in article 4 and in paragraph 1 of this article , and to publish that information in an appropriate and accessible manner on their website . ### member states shall require listed companies to provide information to the competent national authorities , once a year as from [ two years after adoption ] , about the gender representation on their boards , distinguishing between non - executive and executive directors and about the measures taken in view of the objectives laid down in article 4 and in paragraph 1 of this article , and to publish that information in an appropriate and easily accessible manner in the annual report and on their website .


### member states shall ensure that listed companies in whose boards members of the under - represented sex hold less than 40 per cent of the non - executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate , by applying pre - established , clear , neutrally formulated and unambiguous criteria , in order to attain the said percentage at the latest by 1 january 2020 or at the latest by 1 january 2018 in case of listed companies which are public undertakings . ### member states shall ensure that listed companies in whose board ' s members of the under - represented sex hold less than 40 per cent of the non - executive director positions undertake individual commitments in the form of individual targets or gender policies , in order to significantly improve the gender balance by january 2020 . the individual commitments shall be realistic but ambitious and based on company and branch characteristics .


### while this directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail , the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non - executive directors on the basis of an objective comparative assessment of the qualifications of candidates in terms of suitability , competence and professional performance is necessary in order to attain gender balance among non - executives directors . only an eu - level measure can effectively help to ensure a competitive level - playing field throughout the union and avoid practical complications in business life . ### while this directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail , the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for directors on the basis of an objective comparative assessment of the qualifications of candidates in terms of suitability , competence and professional performance is necessary in order to attain gender balance among directors . only an eu - level measure can effectively help to ensure a competitive level - playing field throughout the union and avoid practical complications in business life .


### member states may provide that the objective laid down in paragraph 1 is met where listed companies can show that members of the under - represented sex hold at least one third of all director positions , irrespective of whether they are executive or non - executive . ### member states may provide that the objective laid down in paragraph 1 is met where listed companies can show that members of the under - represented sex hold at least one third of all director positions , irrespective of whether they are executive or non - executive . the number necessary for meeting this one third - objective shall be the number closest to the proportion of one third .


### without prejudice to article 4 and , member states which before the entry into force of this directive have already taken measures to ensure a more balanced representation of women and men among the non - executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in article 4 , , and , provided that it can be shown that those measures enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions of listed companies by at the latest 1 january 2020 , or at the latest 1 january 2018 for listed companies which are public undertakings . ### without prejudice to article 4 and , member states which before the entry into force of this directive have already taken measures to ensure a more balanced representation of women and men among the directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in article 4 , , and , provided that it can be shown that those measures enable members of the under - represented sex to hold at least 40 per cent of the director positions of listed companies by at the latest 1 january 2020 , or at the latest 1 january 2018 for listed companies which are public undertakings .


### this directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women , recognised as a fundamental right of the union . listed companies should therefore be required to disclose , upon the request of an unsuccessful candidate , not only the qualification criteria upon which the selection was based , but also the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate who is not of the under - represented sex . these limitations to the right to respect for private life with regard to the processing of personal data , recognised by the articles 7 and 8 of the charter , and the obligation for listed companies to supply that information , upon request , to the unsuccessful candidate , are necessary and , in conformity with the principle of proportionality , genuinely meet recognised objectives of general interest . they are therefore in line with the requirements for such limitations laid down in article 52 of the charter and with the relevant case - law of the court of justice . ### this directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women , recognised as a fundamental right of the union . listed companies should therefore be required to disclose , upon the request of an unsuccessful candidate , not only the qualification criteria upon which the selection was based , but also the objective comparative assessment of those criteria .


### member states shall require listed companies to provide information to the competent national authorities , once a year as from [ two years after adoption ] , about the gender representation on their boards , distinguishing between non - executive and executive directors and about the measures taken in view of the objectives laid down in article 4 and in paragraph 1 of this article , and to publish that information in an appropriate and accessible manner on their website . ### member states shall require listed companies to provide information to the competent national authorities and in their annual report , once a year as from [ two years after adoption ] , about the gender representation on their boards and about the measures taken in view of the objectives laid down in article 4 and in paragraph 1 of this article , and to publish that information in an appropriate and easily accessible manner in the annual report and on their website .


### the union should therefore aim to increase the presence of women on company boards , in order both to boost economic growth and the competitiveness of european companies and to achieve effective gender equality on the labour market . this aim should be pursued through minimum requirements on positive action in the form of binding measures aiming at attaining a quantitative objective for the gender composition of boards of listed companies , in the view of the fact that member states and other countries which have chosen this or a similar method have achieved the best results in reducing the under - representation of women in economic decision - making positions . ### the union should therefore aim to increase the presence of women on company boards , in order both to boost economic growth and the competitiveness of european companies and to achieve effective gender equality on the labour market . this aim should be pursued through minimum common requirements on positive action in the form of binding measures aiming at attaining a quantitative objective for the gender composition of boards of listed companies , in the view of the fact that member states and other countries which have chosen this or a similar method have achieved the best results in reducing the under - representation of women in economic decision - making positions .


### member states should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this directive , on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors . such information should be published and , where the company in question has not met the objective , it should include a description of the measures that it has taken so far and intends to take in the future in order to meet the objective . ### member states should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this directive , on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors . such information should be published and , where the company in question has not met the objective , it should include a description of the measures that it has taken so far and intends to take in the future in order to meet the objective . furthermore , companies that failed to comply should provide a justification on the reasons for not implementing the adequate mechanisms , and what concrete measures are to be adopted in order to efficiently guarantee that the objective of enhanced gender - balance is met .


### without prejudice to article 4 and , member states which before the entry into force of this directive have already taken measures to ensure a more balanced representation of women and men among the non - executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in article 4 , , and , provided that it can be shown that those measures enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions of listed companies by at the latest 1 january 2020 , or at the latest 1 january 2018 for listed companies which are public undertakings . ### without prejudice to article 4 , member states which before the entry into force of this directive have already taken measures to ensure a more balanced representation of women and men among the non - executive directors of listed companies or member states where other e . g . self - regulatory measures aiming to ensure a more balanced representation of women and men among the non - executive directors of listed companies exist may suspend the application of the procedural requirements relating to appointments contained in article 4 , , and and the application of article 5 , provided that it can be shown that those measures enable members of the under - represented sex to hold either at least 40 per cent of the non - executive director positions of listed companies or the one - third objective referred to in article 4 by at the latest 1 january 2020 , or at the latest 1 january 2018 for listed companies which are public undertakings . the member state in question shall notify this information to the commission .