CER-directive

About

Recitals

Chapter I – General provisions (Art. 1-3)
Art. 1CER - Subject matter and scope
Art. 2CER - Definitions
Art. 3CER - Minimum harmonisation
Chapter II – National frameworks on the resilience of critical entities (Art. 4-11)
Art. 4CER - Strategy on the resilience of critical entities
Art. 5CER - Risk assessment by Member States
Art. 6CER - Identification of critical entities
Art. 7CER - Significant disruptive effect
Art. 8CER - Critical entities in the banking, financial market infrastructure and digital infrastructure sectors
Art. 9CER - Competent authorities and single point of contact
Art. 10CER - Member States’ support to critical entities
Art. 11CER - Cooperation between Member States
Chapter III – Resilience of critical entities (Art. 12-16)
Art. 12CER - Risk assessment by critical entities
Art. 13CER - Resilience measures of critical entities
Art. 14CER - Background checks
Art. 15CER - Incident notification
Art. 16CER - Standards
Chapter IV – Critical entities of particular European significance (Art. 17-18)
Art. 17CER - Identification of critical entities of particular European significance
Art. 18CER - Advisory missions
Chapter V – Cooperation and reporting (Art. 19-20)
Art. 19CER - Critical Entities Resilience Group
Art. 20CER - Commission support to competent authorities and critical entities
Chapter VI – Supervision and enforcement (Art. 21-22)
Art. 21CER - Supervision and enforcement
Art. 22CER - Penalties
Chapter VII – Delegated and implementing acts (Art. 23-24)
Art. 23CER - Exercise of the delegation
Art. 24CER - Committee procedure
Chapter VIII – Final provisions (Art. 25-29)
Art. 25CER - Reporting and review
Art. 26CER - Transposition
Art. 27CER - Repeal of Directive 2008/114/EC
Art. 28CER - Entry into force
Art. 29CER - Addressees
Annexes
Art. Annex I CER - Sectors, subsectors and categories of entities

Chapter VIII – Final provisions (Art. 25-29)

Art. 25 CER – Reporting and review
By 17 July 2027, the Commission shall submit to the European Parliament and to the Council a report assessing the extent to which each Member State has taken the necessary measures to comply with this Directive.

The Commission shall periodically review the functioning of this Directive and report to the European Parliament and to the Council. That report shall, in particular, assess the added value of this Directive, its impact on ensuring the resilience of critical entities and whether the Annex to this Directive should be modified. The Commission shall submit the first such report by 17 June 2029. For the purpose of reporting under this Article, the Commission shall take into account relevant documents of the Critical Entities Resilience Group.
Show Related Recitals
- Recital CER 43
  Since the objectives of this Directive, namely to ensure that services essential for the maintenance of vital societal functions or economic activities are provided in an unobstructed manner in the internal market and to enhance the resilience of critical entities providing such services, cannot be sufficiently achieved by the Member States, but can rather, by reason of the effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article 5, this Directive does not go beyond what is necessary in order to achieve those objectives.
Art. 26 CER – Transposition
1. By 17 October 2024, Member States shall adopt and publish the measures necessary to comply with this Directive. They shall immediately inform the Commission thereof.

They shall apply those measures from 18 October 2024.

2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Show Related Recitals
- Recital CER 43
  Since the objectives of this Directive, namely to ensure that services essential for the maintenance of vital societal functions or economic activities are provided in an unobstructed manner in the internal market and to enhance the resilience of critical entities providing such services, cannot be sufficiently achieved by the Member States, but can rather, by reason of the effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article 5, this Directive does not go beyond what is necessary in order to achieve those objectives.
Art. 27 CER – Repeal of Directive 2008/114/EC
Directive 2008/114/EC is repealed with effect from 18 October 2024.

References to the repealed Directive shall be construed as references to this Directive.
Show Related Recitals
- Recital CER 45
  Directive 2008/114/EC should therefore be repealed,
Art. 28 CER – Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Art. 29 CER – Addressees

This Directive is addressed to the Member States.

Chapter VII – Delegated and implementing acts (Art. 23-24)

Annexes

AI

Proposal

Final

Consumer & E-commerce

Proposal

Final

Cybersecurity

Proposal

Final

Data

Proposal

Final

Digital Privacy

Proposal

Final

Digital Services

Proposal

Final

CER-directive

About

Chapter VIII – Final provisions (Art. 25-29)