Source: OJ L 333, 27.12.2022, pp. 164–198Current language: EN
- Resilience of critical entities
Basic legislative acts
- CER directive
Article 22 Penalties
Summary What does Article 22 of the CER directive say?
This article addresses the enforcement side of the Directive by requiring Member States to establish their own penalty regimes for non-compliance with national measures adopted under this Directive.
Rather than setting specific penalties at EU level, the Directive leaves the design of those penalties to each Member State, while mandating that they meet three core qualities: they must be effective, proportionate and dissuasive.
Member States are also required to keep the Commission informed of their penalty frameworks and any changes to them.
Important points:
- Member States are required to establish and implement penalty rules for infringements of national measures adopted under this Directive.
- Penalties must be effective, proportionate and dissuasive.
- Member States must notify the Commission of their penalty rules and measures by 17 October 2024, and notify any subsequent amendments without delay.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Member States shall lay down the rules on penalties applicable to infringements of the national measures adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by 17 October 2024, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Relevant recitals
Recital 40 Powers of the competent authorities
Member States should ensure that their competent authorities have certain specific powers for the proper application and enforcement of this Directive in relation to critical entities, where those entities fall under their jurisdiction as specified in this Directive. Those powers should include, in particular, the power to conduct inspections and audits, the power to supervise, the power to require critical entities to provide information and evidence relating to the measures they have taken to comply with their obligations and, where necessary, the power to issue orders to remedy identified infringements. When issuing such orders, Member States should not require measures which go beyond what is necessary and proportionate to ensure the compliance of the critical entity concerned, taking account of, in particular, the seriousness of the infringement and the economic capacity of the critical entity concerned. More generally, those powers should be accompanied by appropriate and effective safeguards to be specified in national law in accordance with the Charter of Fundamental Rights of the European Union. When assessing the compliance of a critical entity with its obligations as laid down in this Directive, the competent authorities under this Directive should be able to request the competent authorities under Directive (EU) 2022/2555 to exercise their supervisory and enforcement powers in relation to an entity under that Directive that has been identified as a critical entity under this Directive. The competent authorities under this Directive and the competent authorities under Directive (EU) 2022/2555 should cooperate and exchange information for that purpose.
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
critical entity