L 194/24
EN
Official Journal of the European Union
19.7.2016
Article 20
Voluntary notification
1.
Without prejudice to Article 3, entities which have not been identified as operators of essential services and are
not digital service providers may notify, on a voluntary basis, incidents having a significant impact on the continuity of
the services which they provide.
2.
When processing notifications, Member States shall act in accordance with the procedure set out in Article 14.
Member States may prioritise the processing of mandatory notifications over voluntary notifications. Voluntary notifi
cations shall only be processed where such processing does not constitute a disproportionate or undue burden on
Member States concerned.
Voluntary notification shall not result in the imposition upon the notifying entity of any obligations to which it would
not have been subject had it not given that notification.
CHAPTER VII
FINAL PROVISIONS
Article 21
Penalties
Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant
to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for
shall be effective, proportionate and dissuasive. Member States shall, by 9 May 2018, notify the Commission of those
rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Article 22
Committee procedure
1.
The Commission shall be assisted by the Network and Information Systems Security 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.
Article 23
Review
1.
By 9 May 2019, the Commission shall submit a report to the European Parliament and to Council, assessing the
consistency of the approach taken by Member States in the identification of the operators of essential services.
2.
The Commission shall periodically review the functioning of this Directive and report to the European Parliament
and to the Council. For this purpose and with a view to further advancing the strategic and operational cooperation, the
Commission shall take into account the reports of the Cooperation Group and the CSIRTs network on the experience
gained at a strategic and operational level. In its review, the Commission shall also assess the lists contained in
Annexes II and III, and the consistency in the identification of operators of essential services and services in the sectors
referred to in Annex II. The first report shall be submitted by 9 May 2021.