GM1 Article 5(1) Requirements arising from other Union legislation

Pursuant to Article 44 of Directive (EU) 2022/2555 (the NIS 2 Directive), the previous Directive

(EU)2016/1148 (the NIS Directive) was repealed with effect from 18 October 2024. In accordance with the NIS 2 Directive, references to the repealed Directive shall be construed as references to Directive (EU) 2022/2555 and shall be read in accordance with the correlation table set out in its Annex III. In accordance with this table, references to Article 14 of Directive (EU) 2016/1148 shall be now read as references to Article 21 and Article 23 of Directive (EU) 2022/2555. For an exact correlation, please refer to Annex III to Directive (EU) 2022/2555. To ensure legal certainty, the equivalence of any requirements should be assessed by the competent authority against the requirements of the national legislation when Directive (EU) 2022/2555 is transposed. When utilising this equivalence, organisations should consider the following: The equivalence between Regulation (EU) 2023/203 and Directive (EU) 2022/2555 requirements as assessed by the competent authority. Possible differences in the perimeter of applicability of the rules, in particular as regards the elements that are within the scope under the two different frameworks. The competent authority will decide whether or not the measures implemented by the organisation under the NIS framework can be considered sufficient for satisfying requirements of similar nature under this rule.