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Article 39Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a committee member so requests.

NIS2, the European Union directive on network and information security, Article 39

The Commission is assisted by a committee under the comitology Regulation (EU) No 182/2011. Where the Directive refers to Article 39(2), the examination procedure in Article 5 of that Regulation applies. If the committee’s opinion is obtained by written procedure, the procedure ends without result when the chair so decides, or a member so requests, within the time-limit for the opinion.

This is the procedure behind the Commission’s implementing acts, including those under Article 21(5), which set technical and methodological requirements for DNS service providers, TLD name registries, cloud computing, data centre, content delivery network, managed service and managed security service providers, online marketplaces, search engines, social networking platforms and trust service providers. Commission Implementing Regulation (EU) 2024/2690, of 17 October 2024, is the act adopted for these categories; check its current text.

Text: Directive (EU) 2022/2555, OJ L 333, 27.12.2022, p. 80, as corrected by Corrigendum OJ L, 2023/90206, 22.12.2023 (Article 19(1): “by 17 January 2025”, replacing “on”), from EUR-Lex. Only the Official Journal text is authentic.