Article 6 Identification of critical entities


    1. By 17 July 2026, each Member State shall identify the critical entities means 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; for the sectors and subsectors set out in the Annex.

    1. When a Member State identifies critical entities means 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; pursuant to paragraph 1, it shall take into account the outcomes of its Member State risk assessment means the overall process for determining the nature and extent of a risk by identifying and analysing potential relevant threats, vulnerabilities and hazards which could lead to an incident and by evaluating the potential loss or disruption of the provision of an essential service caused by that incident; and its strategy and shall apply all of the following criteria:

      1. the entity provides one or more essential services means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment;;

      2. the entity operates, and its critical infrastructure means an asset, a facility, equipment, a network or a system, or a part of an asset, a facility, equipment, a network or a system, which is necessary for the provision of an essential service; is located, on the territory of that Member State; and

      3. an incident means 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; would have significant disruptive effects, as determined in accordance with Article 7(1), on the provision by the entity of one or more essential services means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; or on the provision of other essential services means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; in the sectors set out in the Annex that depend on that or those essential services means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment;.

    1. Each Member State shall establish a list of the critical entities means 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; identified pursuant to paragraph 2 and ensure that those critical entities means 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; are notified that they have been identified as critical entities means 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; within one month of that identification. Member States shall inform those critical entities means 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; of their obligations under Chapters III and IV and the date from which those obligations apply to them, without prejudice to Article 8. Member States shall inform critical entities means 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 the sectors set out in points 3, 4 and 8 of the table in the Annex that they have no obligations under Chapters III and IV, unless national measures provide otherwise.

    2. For the critical entities means 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, Chapter III shall apply from 10 months after the date of the notification referred to in the first subparagraph of this paragraph.

    1. Member States shall ensure that their competent authorities under this Directive notify the competent authorities under Directive (EU) 2022/2555 of the identity of the critical entities means 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; that they have identified under this Article within one month of that identification. That notification shall specify, where applicable, that the critical entities means 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 are entities in the sectors set out in points 3, 4 and 8 of the table in the Annex to this Directive and have no obligations under Chapters III and IV thereof.

    1. Member States shall, where necessary and in any event at least every four years, review and, where appropriate, update the list of identified critical entities means 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; referred to in paragraph 3. Where those updates lead to the identification of additional critical entities means 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;, paragraphs 3 and 4 shall apply to those additional critical entities means 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 addition, Member States shall ensure that entities that are no longer identified as critical entities means 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; following any such update are notified in due time of that fact and the fact that they are no longer subject to the obligations under Chapter III from the date of receipt of that notification.

    1. The Commission shall, in cooperation with the Member States, develop recommendations and non-binding guidelines to support Member States in identifying critical entities means 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;.

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