ANNEX 1. Introduction. This Annex aims to contribute to an effective application, implementation and enforcement of the NIS Directive (EU) 2016/1148 on the security of network and information systems across the Union1 (hereinafter referred to as “NIS Directive" or the “Directive”) and to help the Member States to ensure that EU law is applied effectively. More particularly, its specific objectives are threefold: (a) to offer greater clarity to national authorities on the obligations contained in the Directive that apply to such authorities, (b) to ensure the effective enforcement of the Directive's obligations applying to entities under obligations concerning security requirements and incident notifications, and (c) to overall contribute to create legal certainty for all relevant actors. To this end, this Annex provides guidance on the following aspects, which are key to achieve the goal of the NIS Directive i.e., to ensure a high common level of security of network and information systems within the EU, underpinning the functioning of our society and economy:     Member States’ obligation to adopt a national strategy on security of network and information systems (section 2); The setting up of national competent authorities, single contact points and Computer Security Incident Response Teams (section 3); The security and incident notifications requirements applicable to operators of essential services and to digital service providers (section 4); and The relationship between the NIS Directive and other legislation (section 5) To prepare this guidance, the Commission has used input and analysis gathered during the preparation of the Directive, input from European Agency for network and information security ("ENISA") and Cooperation Group. It has also used experiences from specific Member States. When appropriate, the Commission has taken into account the guiding principles for interpreting EU law: the wording, context and objectives of the NIS Directive. Given that the Directive has not been transposed, no ruling of the Court of Justice of the European Union (CJEU) or national courts has yet been rendered. Therefore, it is not possible to use case-law as guidance. Compiling this information in a single document may allow Member States to have a good overview of the Directive and take this information into account when devising their national legislation. At the same time, the Commission stresses that this Annex is not binding and does not intend to create new rules. The final competence to interpret EU law lies with the CJEU. 1 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union. The Directive entered into force on 8 August 2016. 4

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