Article 44Repeal

Directive (EU) 2016/1148, the original NIS Directive (NIS1), is repealed with effect from 18 October 2024. References to it are to be read as references to this Directive, in line with the correlation table in Annex III.

Status under NIS1 does not carry across automatically. Under NIS1, Member States identified operators of essential services entity by entity. Under this Directive, scope follows from the sector and entity type in Annexes I and II and, generally, from size (Articles 2 and 3). Article 3(1)(g) lets a Member State, if it so provides, treat entities it identified as operators of essential services before 16 January 2023 as essential entities. An entity that was in scope of NIS1 should check its national law rather than assume the same class; one that was outside should check as well, because the sectors and types covered changed.