L 194/14
EN
Official Journal of the European Union
19.7.2016
(15) ‘DNS service provider’ means an entity which provides DNS services on the internet;
(16) ‘top-level domain name registry’ means an entity which administers and operates the registration of internet
domain names under a specific top-level domain (TLD);
(17) ‘online marketplace’ means a digital service that allows consumers and/or traders as respectively defined in
point (a) and in point (b) of Article 4(1) of Directive 2013/11/EU of the European Parliament and of the
Council (1) to conclude online sales or service contracts with traders either on the online marketplace's website or
on a trader's website that uses computing services provided by the online marketplace;
(18) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or
websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other
input, and returns links in which information related to the requested content can be found;
(19) ‘cloud computing service’ means a digital service that enables access to a scalable and elastic pool of shareable
computing resources.
Article 5
Identification of operators of essential services
1.
By 9 November 2018, for each sector and subsector referred to in Annex II, Member States shall identify the
operators of essential services with an establishment on their territory.
2.
The criteria for the identification of the operators of essential services, as referred to in point (4) of Article 4, shall
be as follows:
(a) an entity provides a service which is essential for the maintenance of critical societal and/or economic activities;
(b) the provision of that service depends on network and information systems; and
(c) an incident would have significant disruptive effects on the provision of that service.
3.
For the purposes of paragraph 1, each Member State shall establish a list of the services referred to in point (a) of
paragraph 2.
4.
For the purposes of paragraph 1, where an entity provides a service as referred to in point (a) of paragraph 2 in
two or more Member States, those Member States shall engage in consultation with each other. That consultation shall
take place before a decision on identification is taken.
5.
Member States shall, on a regular basis, and at least every two years after 9 May 2018, review and, where
appropriate, update the list of identified operators of essential services.
6.
The role of the Cooperation Group shall be, in accordance with the tasks referred to in Article 11, to support
Member States in taking a consistent approach in the process of identification of operators of essential services.
7.
For the purpose of the review referred to in Article 23 and by 9 November 2018, and every two years thereafter,
Member States shall submit to the Commission the information necessary to enable the Commission to assess the
implementation of this Directive, in particular the consistency of Member States' approaches to the identification of
operators of essential services. That information shall include at least:
(a) national measures allowing for the identification of operators of essential services;
(1) Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer
disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013,
p. 63).