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4.

The Commission may grant the derogation referred to in paragraph 3, taking into account, in particular, the following criteria: the need for infrastructure investments, which would not be economical to operate in a competitive market environment, the level and pay-back prospects of investments required, the size and maturity of the gas system in the area concerned, the prospects for the gas market concerned, the geographical size and characteristics of the area or region concerned, and socio-economic and demographic factors. A derogation may be granted only if no gas infrastructure has been established in this area, or has been so established for less than 10 years. The temporary derogation may not exceed 10 years from the time gas is first supplied in the area.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-02 · Text as adopted (Official Journal); later amendments are not incorporated in this text.