to discuss its draft national measures allowing for the identification of operators of essential
services at the Cooperation Group.
4.1.3. Inclusion of additional sectors.
Taking into account the minimum harmonisation requirement enshrined in Article 3, Member
States can adopt or maintain legislation ensuring a higher level of security of network and
information systems. In this regard Member States are in general free to expand the security
and notification obligations under Article 14 to entities belonging to other sectors and subsectors than those listed in Annex II of the NIS Directive. Various Member States have
decided or are currently considering whether to include some of the following additional
sectors:
i)
Public administrations
Public administrations may offer essential services in Directive’s Annex II that meets the
requirements of Article 5(2). In such cases, public administrations offering such services
would be covered by the relevant security requirements and notification obligations. A
contrario, when public administrations offer services that do not fall under the above scope,
such services would not be covered by the relevant obligations.
Public administrations are responsible for the proper delivery of public services provided by
governmental bodies, regional and local authorities, agencies and associated enterprises.
These services often imply the creation and management of personal and corporate data
about individuals and organisations, which can be shared and made available to multiple
public entities. More broadly, a high level of security of network and information systems
used by public administrations is an important interest for the society and economy as a
whole. The Commission therefore takes the view that it would be sensible for Member States
to consider inclusion of public administration in scope of the national legislation transposing
the Directive, beyond the provision of essential services as set forth under Annex II and Article
5(2).
ii)
Postal sector
The postal sector encompasses the provision of postal services such as the collecting, sorting,
transport and distribution of postal items.
iii)
Food sector
The food sector concerns the production of agricultural and other food products and it could
include essential services such as the provision of food security and assurance of food quality
and safety.
iv)
Chemical and nuclear industry
The chemical and nuclear industry concerns in particular the storage, production and
processing of chemical and petrochemical products or nuclear materials.
v)
Environmental sector
Environmental activities encompass the provision of goods and services necessary to protect
the environment and manage resources. Therefore activities are aimed at preventing, reducing
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