Article 3 — Essential and important entities

NIS2 — Directive (EU) 2022/2555

Official text

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1. For the purposes of this Directive, the following entities shall be considered to be essential entities:

(a) entities of a type referred to in Annex I which exceed the ceilings for medium-sized enterprises provided for in Article 2(1) of the Annex to Recommendation 2003/361/EC;

(b) qualified trust service providers and top-level domain name registries as well as DNS service providers, regardless of their size;

(c) providers of public electronic communications networks or of publicly available electronic communications services which qualify as medium-sized enterprises under Article 2 of the Annex to Recommendation 2003/361/EC;

(d) public administration entities referred to in Article 2(2), point (f)(i);

(e) any other entities of a type referred to in Annex I or II that are identified by a Member State as essential entities pursuant to Article 2(2), points (b) to (e);

(f) entities identified as critical entities under Directive (EU) 2022/2557, referred to in Article 2(3) of this Directive;

(g) if the Member State so provides, entities which that Member State identified before 16 January 2023 as operators of essential services in accordance with Directive (EU) 2016/1148 or national law.

2. For the purposes of this Directive, entities of a type referred to in Annex I or II which do not qualify as essential entities pursuant to paragraph 1 of this Article shall be considered to be important entities. This includes entities identified by Member States as important entities pursuant to Article 2(2), points (b) to (e).

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