The final text of the Critical Entities Resilience Directive (CER)

Article 7 - Significant disruptive effect

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

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

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

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

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

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

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

2. After the identification of the critical entities under Article 6(1), each Member State shall submit the following information to the Commission without undue delay:

(a) a list of essential services in that Member State where there are any additional essential services as compared to the list of essential services referred to in Article 5(1);

(b) the number of critical entities identified for each sector and subsector set out in the Annex and for each essential service;

(c) any thresholds applied to specify one or more of the criteria in paragraph 1.

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

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

3. The Commission shall, after consulting the Critical Entities Resilience Group referred to in Article 19, adopt non-binding guidelines to facilitate the application of the criteria referred to in paragraph 1 of this Article, taking into account the information referred to in paragraph 2 of this Article.