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5.

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

The Commission may grant the derogation referred to in paragraph 4, taking into account, in particular, the following criteria: the need for infrastructure investments, which would not be economic 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 socioeconomic and demographic factors, For gas infrastructure other than distribution infrastructure, a derogation may be granted only if no gas infrastructure has been established in the area or if gas infrastructure has been established for less than 10 years. The temporary derogation shall not exceed 10 years from the time gas is first supplied in the area. For distribution infrastructure a derogation may be granted for a period not exceeding 20 years from when gas is first supplied through the said infrastructure in the area.

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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.