Source: OJ L 333, 27.12.2022, pp. 164–198Current language: EN
- Resilience of critical entities
Basic legislative acts
- CER directive
Article 11 Cooperation between Member States
Summary What does Article 11 of the CER directive say?
This article addresses cross-border cooperation between Member States, specifically in situations where critical entities have a footprint or operational relevance that extends beyond a single Member State's borders.
It builds naturally on Article 6, which establishes how Member States identify critical entities, by recognising that some of those entities will have cross-border characteristics requiring coordinated oversight.
The article sets out three concrete scenarios that should trigger inter-Member State consultation, and clarifies the dual purpose of such consultations: improving resilience and, where possible, lightening the administrative load on the entities involved.
Important points:
- Member States are required to consult one another on critical entities that operate across borders, whether through shared physical infrastructure, linked corporate structures, or the provision of essential services into other Member States.
- The goal of these consultations is to ensure consistent application of the Directive across Member States.
- Reducing the administrative burden on critical entities is an explicit secondary aim of the consultation process.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Whenever appropriate, Member States shall consult one another regarding critical entities for the purpose of ensuring that this Directive is applied in a consistent manner. Such consultations shall take place, in particular, regarding critical entities that:
use critical infrastructure which is physically connected between two or more Member States;
are part of corporate structures that are connected with, or linked to, critical entities in other Member States;
have been identified as critical entities in one Member State and provide essential services to or in other Member States.
The consultations referred to in paragraph 1 shall aim at enhancing the resilience of critical entities and, where possible, reducing the administrative burden on them.
Relevant recitals
Recital 26 Convergence between competent authorities
With the aim of enhancing the resilience of critical entities identified by Member States and in order to reduce the administrative burden on those critical entities, the competent authorities should consult one another, whenever appropriate, for the purpose of ensuring that this Directive is applied in a consistent manner. Those consultations should be entered into at the request of any interested competent authority and should focus on ensuring a convergent approach regarding interlinked critical entities that use critical infrastructure which is physically connected between two or more Member States, that belong to the same groups or corporate structures, or that have been identified in one Member State and that provide essential services to or in other Member States.
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
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essential service
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critical infrastructure
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critical entity
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resilience