[360] 15
(a) the person provides the essential service in the State,
(b) the person has an establishment in the State,
(c) the person is a person of a type set out in Column (3) of Schedule 1,
(d) the sector and, where appropriate, subsector in which the essential
service is provided are each a sector and subsector set out in Schedule 1;
(e) the provision by the person of the essential service depends on network and information systems, and
(f) an incident affecting the provision by the person of the essential
service would have significant disruptive effects on the provision of
that service in the State.
(2) Where an operator of essential services is—
(a) an undertaking which is subject to the requirements of Regulations 23
and 24 of the European Communities (Electronic Communications
Network and Services) (Framework) Regulations 2011 (S.I. No. 333
of 2011), or
(b) a trust service provider subject to the requirements of Article 19 of
Regulation (EU) No. 910/2014 of the European Parliament and of
the Council of 23 July 20145 on electronic identification and trust
services for electronic transactions in the internal market and
repealing Directive 1999/93/EC,
these Regulations shall apply to the operator in respect only of the service in
respect of which it is designated as an operator of essential services.
(3) For the purpose of designating a person as an operator of essential
services under paragraph (1), a competent authority shall prepare and maintain
a list of services in the sectors in respect of which it is designated as the competent authority which that competent authority is satisfied are essential for the
maintenance of critical societal activities or critical economic activities, or both,
in the State (the “essential services list”).
(4) The essential services list shall be reviewed and updated by the competent
authority concerned from time to time and, in any event, not later than 9
November 2020 and, thereafter, not later than every second anniversary of
that date.
(5) In determining the significance of a disruptive effect referred to in paragraph (1) (f) insofar as it relates to the provision by a person of an essential
service in the State, a competent authority shall, where it considers it appropriate to do so, take into account factors specific to the sector to which the
5
O.J. No. L 257, 28.8.2014, p.73
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