Amendment 291· CER Directive Article 15(1), first sentence
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
‘Member States shall ensure that critical entities notify via the single-entryreporting channel designated by the competent Member State, including through a national contact point, through a national interface or, where the competent Member State has so decided, through the interoperable European framework established pursuant to Article 23a of Directive (EU) 2022/2555 the competent authority, without undue delay, of incidents that significantly disrupt or have the potential to significantly disrupt the provision of essential services.’;
Struck CommissionHighlighted amendment
CER Directive Article 15 with this amendment
Amendment 291 applied to the Commission proposal, no other amendment
Member States shall ensure that critical entities notify via the single-entryreporting channel designated by the competent Member State, including through a national contact point, through a national interface or, where the competent Member State has so decided, through the interoperable European framework established pursuant to Article 23a of Directive (EU) 2022/2555 the competent authority, without undue delay, of incidents that significantly disrupt or have the potential to significantly disrupt the provision of essential services. Member States shall ensure that, unless operationally unable to do so, critical entities submit an initial notification no later than 24 hours after becoming aware of an incident, followed, where relevant, by a detailed report no later than one month thereafter. In order to determine the significance of a disruption, the following parameters shall, in particular, be taken into account:
Where an incident has or might have a significant impact on the continuity of the provision of essential services to or in six or more Member States, the competent authorities of the Member States affected by the incident shall notify the Commission of that incident.
~AmendedUnchanged: (a), (b), (c), (2), (3) and (4)
the number and proportion of users affected by the disruption;
the duration of the disruption;
the geographical area affected by the disruption, taking into account whether the area is geographically isolated.
Notifications as referred to in paragraph 1, first subparagraph, shall include any available information necessary to enable the competent authority to understand the nature, cause and possible consequences of the incident, including any available information necessary to determine any cross-border impact of the incident. Such notifications shall not subject critical entities to increased liability.
The Commission may adopt implementing acts further specifying the type and format of information notified pursuant to Article 15(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2).
On the basis of the information provided by a critical entity in a notification as referred to in paragraph 1, the relevant competent authority, via the single point of contact, shall inform the single point of contact of other affected Member States where the incident has or might have a significant impact on critical entities and the continuity of the provision of essential services to or in one or more other Member States.
Single points of contact sending and receiving information pursuant to the first subparagraph shall, in accordance with Union or national law, treat that information in a way that respects its confidentiality and protects the security and commercial interest of the critical entity concerned.
As soon as possible following a notification as referred to in paragraph 1, the competent authority concerned shall provide the critical entity concerned with relevant follow-up information, including information that could support that critical entity’s effective response to the incident in question. Member States shall inform the public where they determine that it would be in the public interest to do so.
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Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceCER Directive, Article 15(1)
Member States shall ensure that critical entities notify the competent authority, without undue delay, of incidents that significantly disrupt or have the potential to significantly disrupt the provision of essential services. Member States shall ensure that, unless operationally unable to do so, critical entities submit an initial notification no later than 24 hours after becoming aware of an incident, followed, where relevant, by a detailed report no later than one month thereafter. In order to determine the significance of a disruption, the following parameters shall, in particular, be taken into account:
Where an incident has or might have a significant impact on the continuity of the provision of essential services to or in six or more Member States, the competent authorities of the Member States affected by the incident shall notify the Commission of that incident.
(a)the number and proportion of users affected by the disruption;
(b)the duration of the disruption;
(c)the geographical area affected by the disruption, taking into account whether the area is geographically isolated.
Commission proposalCOM(2025) 837
Member States shall ensure that critical entities notify via the single-entry point established pursuant to Article 23a of Directive (EU) 2022/2555 the competent authority, without undue delay, of incidents that significantly disrupt or have the potential to significantly disrupt the provision of essential services.
Council text of 22 October 2026ST 14756/26
Member States shall ensure that critical entities notify with the support of the national entry point established pursuant to Article 23b of Directive (EU) 2022/2555 the competent authority, without undue delay, of incidents that significantly disrupt or have the potential to significantly disrupt the provision of essential services.
Cite this amendment
Amendment 291 (Daniel Buda), European Parliament, Committee on Legal Affairs, amendments 69–296 to the draft opinion on COM(2025) 837 (JURI-AM-790236, PE790.236v01-00, 29 June 2026), p. 171
Link, short form and official text
Amendment 291 (Daniel Buda), European Parliament, Committee on Legal Affairs, amendments 69–296 to the draft opinion on COM(2025) 837 (JURI-AM-790236, PE790.236v01-00, 29 June 2026), p. 171
JURI Amendment 291 (JURI-AM-790236), p. 171