Article 39 Committee procedure

Summary What does Article 39 of the NIS 2 directive say?

This is a short procedural article that establishes the committee arrangement assisting the Commission in its work under this Directive.

It anchors the committee to Regulation (EU) No 182/2011, the EU's standard framework governing how committees assist the Commission in exercising its implementing powers.

The article is largely technical in nature, setting out the examination procedure that applies and clarifying how the written procedure for obtaining the committee's opinion can be terminated.

Important points:

The Commission is assisted by a committee governed by Regulation (EU) No 182/2011.
The examination procedure under Article 5 of Regulation (EU) No 182/2011 applies when referenced elsewhere in this Directive.
The written procedure for obtaining the committee's opinion is terminated without result if the chair or any committee member so requests within the applicable time limit.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
1. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
1. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a committee member so requests.

Table of contents

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.