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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 and repealing Directive 2003/55/EC (Text with EEA relevance) · European Union

When deciding on the derogations referred to in paragraph 1, the Member State, or the designated competent authority, and the Commission shall take into account, in particular, the following criteria: the objective of achieving a competitive gas market; the need to fulfil public-service obligations and to ensure security of supply; the position of the natural gas undertaking in the gas market and the actual state of competition in that market; the seriousness of the economic and financial difficulties encountered by natural gas undertakings and transmission undertakings or eligible customers; the dates of signature and terms of the contract or contracts in question, including the extent to which they allow for market changes; the efforts made to find a solution to the problem; the extent to which, when accepting the take-or-pay commitments in question, the undertaking could reasonably have foreseen, having regard to the provisions of this Directive, that serious difficulties were likely to arise; the level of connection of the system with other systems and the degree of interoperability of those systems; and the effects the granting of a derogation would have on the correct application of this Directive as regards the smooth functioning of the internal market in natural gas. A decision on a request for a derogation concerning take-or-pay contracts concluded before 4 August 2003 should not lead to a situation in which it is impossible to find economically viable alternative outlets. Serious difficulties shall in any case be deemed not to exist when the sales of natural gas do not fall below the level of minimum offtake guarantees contained in gas-purchase take-or-pay contracts or in so far as the relevant gas-purchase take-or-pay contract can be adapted or the natural gas undertaking is able to find alternative outlets.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-28 · Text as adopted (Official Journal); later amendments are not incorporated in this text.