NIS 2 Directive Article 39 – Committee Procedure

Aug 5, 2024by adam tang

The NIS 2 Directive Article 39 outlines the committee procedure to assist the Commission in implementing the Directive effectively. This article plays a crucial role in ensuring the successful application of Regulation (EU) No 182/2011, which governs the functioning of committees within the European Union.

NIS 2 Directive Article 39 – Committee Procedure
  • Commission Assistance: As per the NIS 2 Directive Article 39, the Commission is supported by a committee. This committee is essential for providing expert advice, opinions, and recommendations to the Commission on  implementing the NIS 2 Directive. The committee serves as an essential advisory body to assist the Commission in its decision-making process.
  • Definition of Committee: The committee mentioned in Article 39 is classified as a committee within the framework of Regulation (EU) No 182/2011. This regulatory framework sets out the rules and procedures for committees within the EU institutions. By adhering to Regulation (EU) No 182/2011 provisions, the committee established under Article 39 ensures transparency, accountability, and efficiency in its operations.
  • Reference to Regulation (EU) No 182/2011: Article 39 of the NIS 2 Directive specifies that Article 5 of Regulation (EU) No 182/2011 shall apply when referring to this paragraph. This cross-reference ensures coherence and consistency in applying rules and procedures related to committees within the EU legal framework. It allows for a harmonized approach to committee functioning across different EU directives and regulations.
  • Written Procedure for Obtaining Committee Opinion: In cases where the committee's opinion is required through a written procedure, Article 39 outlines the specific provisions governing this process. According to the directive, the written procedure shall be terminated without results under certain circumstances. If the committee chair decides to do so within the stipulated time limit for delivering the opinion, or if a committee member requests such a termination, the written procedure will be concluded without any outcome.
  • Importance of Committee Procedure: The committee procedure outlined in Article 39 of the NIS 2 Directive is essential for ensuring the smooth functioning of the decision-making process within the EU regulatory framework. By providing a structured mechanism for obtaining expert opinions and recommendations, the committee contributes to effectively implementing the NIS 2 Directive and other related regulations.

In conclusion, NIS 2 Directive Article 39 plays a crucial role in defining the committee procedure to assist the Commission in its decision-making process. By adhering to the provisions outlined in this article, the committee established under the directive operates efficiently and effectively, ensuring the successful implementation of cybersecurity measures within the EU.