Recital 5 NIS 2 aims to reduce divergence

All those divergences entail a fragmentation of the internal market and can have a prejudicial effect on its functioning, affecting in particular the cross-border provision of services and the level of cyber resilience due to the application of a variety of measures. Ultimately, those divergences could lead to the higher vulnerability means a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; of some Member States to cyber threats means a cyber threat as defined in Article 2, point (8), of Regulation (EU) 2019/881;, with potential spill-over effects across the Union. This Directive aims to remove such wide divergences among Member States, in particular by setting out minimum rules regarding the functioning of a coordinated regulatory framework, by laying down mechanisms for effective cooperation among the responsible authorities in each Member State, by updating the list of sectors and activities subject to cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; obligations and by providing effective remedies and enforcement measures which are key to the effective enforcement of those obligations. Therefore, Directive (EU) 2016/1148 should be repealed and replaced by this Directive.