Article 5(1) of Implementing Regulation (EU) 2023/203 and Article 4(1) of Delegated Regulation (EU) 2022/1645 refer to Directive (EU) 2016/1148 (the ‘NIS Directive’) and its relation to Part-IS. As Directive (EU) 2022/2555 (the ‘NIS 2 Directive’) will be applicable from October 2024, does this means that automatically any references to the ’old’ NIS Directive in Part-IS refer now to the NIS 2 Directive?
Article 5(1) of Implementing Regulation (EU) 2023/203 and Article 4(1) of Delegated Regulation (EU) 2022/1645 refer to Directive (EU) 2016/1148 (the ‘NIS Directive’) and its relation to Part-IS. As Directive (EU) 2022/2555 (the ‘NIS 2 Directive’) will be applicable from October 2024, does this means that automatically any references to the ’old’ NIS Directive in Part-IS refer now to the NIS 2 Directive?
Answer
Yes, according to Article 44 of Directive (EU) 2022/2555 (the ‘NIS 2 Directive’):
‘Directive (EU) 2016/1148 is repealed with effect from 18 October 2024.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex III.’
Last updated
05/02/2024