Source: OJ L 333, 27.12.2022, pp. 164–198Current language: EN
- Resilience of critical entities
Basic legislative acts
- CER directive
Article 10 Member States’ support to critical entities
Summary What does Article 10 of the CER directive say?
This article establishes the support role that Member States must play in helping critical entities build and maintain their resilience.
Rather than placing obligations solely on the entities themselves, it creates a complementary layer of state-level assistance — through guidance, training, exercises, and potentially even financial resources.
It also requires competent authorities to actively cooperate and exchange good practices with critical entities, and obliges Member States to facilitate voluntary information sharing among critical entities themselves.
Important points:
- Member States are required to support critical entities through guidance, training, exercises, and, where justified by public interest, financial resources.
- Competent authorities are required to cooperate and exchange information and good practices with critical entities across all sectors listed in the Annex.
- Member States must facilitate voluntary information sharing between critical entities, subject to rules on classified information, competition, and data protection.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Member States shall support critical entities in enhancing their resilience. That support may include developing guidance materials and methodologies, supporting the organisation of exercises to test their resilience and providing advice and training to the personnel of critical entities. Without prejudice to applicable rules on State aid, Member States may provide financial resources to critical entities, where necessary and justified by public interest objectives.
Each Member State shall ensure that its competent authority cooperates and exchanges information and good practices with critical entities of the sectors set out in the Annex.
Member States shall facilitate voluntary information sharing between critical entities in relation to matters covered by this Directive, in accordance with Union and national law on, in particular, classified and sensitive information, competition and protection of personal data.
Relevant recitals
Recital 25 Provision of support for critical entities
Member States should support critical entities, including those that qualify as small or medium-sized enterprises, in strengthening their resilience, in compliance with Member State obligations laid down in this Directive, without prejudice to the critical entities’ own legal responsibility to ensure such compliance and, in so doing, prevent excessive administrative burden. Member States could, in particular, develop guidance materials and methodologies, support the organisation of exercises to test the resilience of critical entities and provide advice and training to the personnel of critical entities. Where necessary and justified by public interest objectives, Member States could provide financial resources and should facilitate voluntary information sharing and the exchange of good practices between critical entities, without prejudice to the application of competition rules laid down in the Treaty on the Functioning of the European Union (TFEU).
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
incident
Definition
essential service
Definition
critical entity
Definition
resilience