S.L. 460.43 Art. 8Significant disruptive effect. 14 [S.L.

(1) When determining the significance of a disruptive effect as referred to in paragraph (c) of sub-article (2) of article 7 the competent authorities shall take into account the following criteria:

(a) the number of users relying on the essential service provided by the entity concerned; INFRASTRUCTURES (IDENTIFICATION, 460.43 DESIGNATION AND PROTECTION)

(b) the extent to which other sectors and sub-sectors as established in the Schedule depend on the essential service in question;

(c) the impact that incidents may 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 may 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 or remote regions;

(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 such essential service.

(2) After the identification of the critical entities in accordance with sub-article (1) of article 7, the competent authorities shall submit the following information to the Commission without undue delay:

(a) a list of essential services within Malta where there are any additional essential services as compared to the list of essential services referred to in sub-article (1) in article 7;

(b) the number of critical entities identified for each sector and sub-sector established in the Schedule for each essential service;

(c) any thresholds applied to specify one (1) or more of the criteria in sub-article (1). Thresholds may be presented as such or in aggregated form.

(3) The CIP Department shall subsequently submit information referred to in sub-article (2) whenever necessary and at least every four (4) years.