Source: OJ L 333, 27.12.2022, pp. 164–198Current language: EN
- Resilience of critical entities
Basic legislative acts
- CER directive
Article 3 Minimum harmonisation
Summary What does Article 3 of the CER directive say?
This is a brief but important article that establishes the relationship between the Directive and national law.
It makes clear that the Directive sets a baseline standard for the resilience of critical entities, and that Member States are free to go further by adopting or maintaining stricter national provisions.
The only condition is that any such national rules must remain consistent with broader Union law obligations.
Important points:
- Member States may adopt or maintain national laws that go beyond the requirements of this Directive for critical entities.
- The Directive functions as a minimum standard, not a ceiling.
- Any stricter national provisions must remain consistent with Member States' obligations under Union law.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
This Directive shall not preclude Member States from adopting or maintaining provisions of national law with a view to achieving a higher level of resilience of critical entities, provided that such provisions are consistent with Member States’ obligations laid down in Union law.
Relevant recitals
Recital 7 Comprehensive and future-proof minimum rules
It is necessary to lay down harmonised minimum rules to ensure the provision of essential services in the internal market, to enhance the resilience of critical entities and to improve cross-border cooperation between competent authorities. It is important that those rules be future proof in terms of their design and implementation while allowing for necessary flexibility. It is also crucial to improve the capacity of critical entities to provide essential services in the face of a diverse set of risks.
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
risk
Definition
essential service
Definition
critical entity
Definition
resilience