Source: OJ L 333, 27.12.2022, pp. 164–198
- Resilience of critical entities
Basic legislative acts
- CER directive
Article 15 Incident notification
Member States shall ensure that critical entitiesmeans a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; notify the competent authority, without undue delay, of incidentsmeans an event which has the potential to significantly disrupt, or that disrupts, the provision of an essential service, including when it affects the national systems that safeguard the rule of law; that significantly disrupt or have the potential to significantly disrupt the provision of essential servicesmeans a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment;. Member States shall ensure that, unless operationally unable to do so, critical entitiesmeans a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; submit an initial notification no later than 24 hours after becoming aware of an incidentmeans an event which has the potential to significantly disrupt, or that disrupts, the provision of an essential service, including when it affects the national systems that safeguard the rule of law;, followed, where relevant, by a detailed report no later than one month thereafter. In order to determine the significance of a disruption, the following parameters shall, in particular, be taken into account:
the number and proportion of users affected by the disruption;
the duration of the disruption;
the geographical area affected by the disruption, taking into account whether the area is geographically isolated.
Where an incidentmeans an event which has the potential to significantly disrupt, or that disrupts, the provision of an essential service, including when it affects the national systems that safeguard the rule of law; has or might have a significant impact on the continuity of the provision of essential servicesmeans a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; to or in six or more Member States, the competent authorities of the Member States affected by the incidentmeans an event which has the potential to significantly disrupt, or that disrupts, the provision of an essential service, including when it affects the national systems that safeguard the rule of law; shall notify the Commission of that incidentmeans an event which has the potential to significantly disrupt, or that disrupts, the provision of an essential service, including when it affects the national systems that safeguard the rule of law;.
Notifications as referred to in paragraph 1, first subparagraph, shall include any available information necessary to enable the competent authority to understand the nature, cause and possible consequences of the incidentmeans an event which has the potential to significantly disrupt, or that disrupts, the provision of an essential service, including when it affects the national systems that safeguard the rule of law;, including any available information necessary to determine any cross-border impact of the incidentmeans an event which has the potential to significantly disrupt, or that disrupts, the provision of an essential service, including when it affects the national systems that safeguard the rule of law;. Such notifications shall not subject critical entitiesmeans a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; to increased liability.
On the basis of the information provided by a critical entitymeans a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; in a notification as referred to in paragraph 1, the relevant competent authority, via the single point of contact, shall inform the single point of contact of other affected Member States where the incidentmeans an event which has the potential to significantly disrupt, or that disrupts, the provision of an essential service, including when it affects the national systems that safeguard the rule of law; has or might have a significant impact on critical entitiesmeans a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; and the continuity of the provision of essential servicesmeans a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; to or in one or more other Member States.
Single points of contact sending and receiving information pursuant to the first subparagraph shall, in accordance with Union or national law, treat that information in a way that respects its confidentiality and protects the security and commercial interest of the critical entitymeans a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; concerned.
As soon as possible following a notification as referred to in paragraph 1, the competent authority concerned shall provide the critical entitymeans a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; concerned with relevant follow-up information, including information that could support that critical entitymeans a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex;’s effective response to the incidentmeans an event which has the potential to significantly disrupt, or that disrupts, the provision of an essential service, including when it affects the national systems that safeguard the rule of law; in question. Member States shall inform the public where they determine that it would be in the public interest to do so.
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.