Source: OJ L, 2023/2450, 30.10.2023
ENList of essential services
Commission Delegated Regulation (EU) 2023/2450
of 25 July 2023
supplementing Directive (EU) 2022/2557 of the European Parliament and of the Council
by establishing a list of essential services
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience means a critical entity’s ability to prevent, protect against, respond to, resist, mitigate, absorb, accommodate and recover from an incident; of 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; and repealing Council Directive 2008/114/EC(1)OJ L 333, 27.12.2022, p. 164., in particular Article 5(1) thereof,
Whereas:
Recital 1 Purpose of the CER directive
Directive (EU) 2022/2557 aims at ensuring that services essential for the maintenance of vital societal functions or economic activities are provided in an unobstructed manner in the internal market and that the resilience means a critical entity’s ability to prevent, protect against, respond to, resist, mitigate, absorb, accommodate and recover from an incident; of 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; providing such services is enhanced.
Recital 2 Purpose of this delegated regulation
For that purpose and pursuant to Article 5(1) of Directive (EU) 2022/2557, the Commission is empowered to adopt a delegated act establishing a non-exhaustive list of 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 and subsectors set out in the Annex to that Directive. The list is to be used by the competent authorities for the purpose of carrying out a 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 thereafter the 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; is to be used for the purpose of 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;.
Recital 3 Non-exhaustive list of essential services
The list of essential services means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; should be drawn up in a generic way, in order to accommodate Member States’ specificities such as size, population density, or geographic location. However, it should cover the essential services means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; only of the categories of entities set out in the Annex to Directive (EU) 2022/2557. To that effect, only services provided by entities falling within those categories should be considered as essential services means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment;, as defined in Article 2, point (5), of Directive (EU) 2022/2557.
Recital 4 Used in light of the CER directive
More generally, the list of essential services means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; should be used in the light of all the relevant provisions of Directive (EU) 2022/2557. This includes the definition of essential services means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; as services that are crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment, as well as the definition of a public administration entity means an entity recognised as such in a Member State in accordance with national law, not including the judiciary, parliaments or central banks, which complies with the following criteria: it is established for the purpose of meeting needs in the general interest and does not have an industrial or commercial character; it has legal personality or is entitled by law to act on behalf of another entity with legal personality; it is financed, for the most part, by the State authorities or by other central-level bodies governed by public law, is subject to management supervision by those authorities or bodies, or has an administrative, managerial or supervisory board, more than half of whose members are appointed by the State authorities or by other central-level bodies governed by public law; it has the power to address to natural or legal persons administrative or regulatory decisions affecting their rights in the cross-border movement of persons, goods, services or capital. and the provisions on that Directive’s scope. Pursuant to Article 1(6) of Directive (EU) 2022/2557, public administration entities means an entity recognised as such in a Member State in accordance with national law, not including the judiciary, parliaments or central banks, which complies with the following criteria: it is established for the purpose of meeting needs in the general interest and does not have an industrial or commercial character; it has legal personality or is entitled by law to act on behalf of another entity with legal personality; it is financed, for the most part, by the State authorities or by other central-level bodies governed by public law, is subject to management supervision by those authorities or bodies, or has an administrative, managerial or supervisory board, more than half of whose members are appointed by the State authorities or by other central-level bodies governed by public law; it has the power to address to natural or legal persons administrative or regulatory decisions affecting their rights in the cross-border movement of persons, goods, services or capital. that carry out their activities in the areas of national security, public security, defence or law enforcement, including investigation, detection and prosecution of criminal offences are excluded.
Recital 5 Definition of essential service as per the CER directive
Consequently, the economic activities listed, on a non-exhaustive basis, in this delegated Regulation, should only be considered essential services means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment;, for the purpose of this delegated Regulation and Directive (EU) 2022/2557, where they qualify as essential services means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; as defined in that Directive,
HAS ADOPTED THIS REGULATION:
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 2023.
For the Commission
The President
Ursula VON DER LEYEN