Operator of Essential Services

Definitions

European Definitions

European Commission

Operator of essential services means a public or private entity of a type referred to in Annex II [of the EU Directive 2016/1148], which meets the criteria laid down in Article 5(2).

Operador de Serviços Essenciais: Uma entidade pública ou privada pertencente a um dos tipos referidos no anexo II da Diretiva (UE) n.º 2016/1148 do Parlamento Europeu e do Conselho, de 6 de julho de 2016, e que cumpre os critérios previstos no n.º 2 do artigo 5.º, da mesma Diretiva.

Annex II of the Directive contains the list of essential ICT-controlled / ICT-based services: energy (power, gas, oil), transport (air, rail, water, road), banking, financial market infrastructures, health sector, drinking water supply & distribution, and Digital Infrastructure (IXPs, DNS service providers, TLD name registries).
Article 5(2): The criteria for the identification of the operators of essential services 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.
Article 5(2) The criteria for the identification of the operators of essential services shall be as follows:

1. (a) an entity provides a service which is essential for the maintenance of critical societal and/or economic activities;
2. (b) the provision of that service depends on network and information systems; and
3. (c) an incident would have significant disruptive effects on the provision of that service.

ANNEX II Table

Sector	Subsector	Type of entity
Energy	Electricity	Electricity undertakings as defined in point (35) of Article 2 of Directive 2009/72/EC of the European Parliament and of the Council , which carry out the function of ‘supply’ as defined in point (19) of Article 2 of that Directive
		Distribution system operators as defined in point (6) of Article 2 of Directive 2009/72/EC
		Transmission system operators as defined in point (4) of Article 2 of Directive 2009/72/EC
	Oil	Operators of oil transmission pipelines
		Operators of oil production, refining and treatment facilities, storage and transmission
	Gas	Supply undertakings as defined in point (8) of Article 2 of Directive 2009/73/EC of the European Parliament and of the Council
		Distribution system operators as defined in point (6) of Article 2 of Directive 2009/73/EC
		Transmission system operators as defined in point (4) of Article 2 of Directive 2009/73/EC
		Storage system operators as defined in point (10) of Article 2 of Directive 2009/73/EC
		LNG system operators as defined in point (12) of Article 2 of Directive 2009/73/EC
		Natural gas undertakings as defined in point (1) of Article 2 of Directive 2009/73/EC
		Operators of natural gas refining and treatment facilities
Transport	Air transport	Air carriers as defined in point (4) of Article 3 of Regulation (EC) No 300/2008 of the European Parliament and of the Council
		Airport managing bodies as defined in point (2) of Article 2 of Directive 2009/12/EC of the European Parliament and of the Council ( 4), airports as defined in point (1) of Article 2 of that Directive, including the core airports listed in Section 2 of Annex II to Regulation (EU) No 1315/2013 of the European Parliament and of the Council ( 5), and entities operating ancillary installations contained within airports
		Traffic management control operators providing air traffic control (ATC) services as defined in point (1) of Article 2 of Regulation (EC) No 549/2004 of the European Parliament and of the Council
	Rail transport	Infrastructure managers as defined in point (2) of Article 3 of Directive 2012/34/EU of the European Parliament and of the Council
		Railway undertakings as defined in point (1) of Article 3 of Directive 2012/34/EU, including operators of service facilities as defined in point (12) of Article 3 of Directive 2012/34/EU
	Water transport	Inland, sea and coastal passenger and freight water transport companies, as defined for maritime transport in Annex I to Regulation (EC) No 725/2004 of the European Parliament and of the Council ( 8), not including the individual vessels operated by those companies
		Managing bodies of ports as defined in point (1) of Article 3 of Directive 2005/65/EC of the European Parliament and of the Council ( 9), including their port facilities as defined in point (11) of Article 2 of Regulation (EC) No 725/2004, and entities operating works and equipment contained within ports
		Operators of vessel traffic services as defined in point (o) of Article 3 of Directive 2002/59/EC of the European Parliament and of the Council
	Road transport	Road authorities as defined in point (12) of Article 2 of Commission Delegated Regulation (EU) 2015/962 ( 11) responsible for traffic management control
		Operators of Intelligent Transport Systems as defined in point (1) of Article 4 of Directive 2010/40/EU of the European Parliament and of the Council
Banking		Credit institutions as defined in point (1) of Article 4 of Regulation (EU) No 575/2013 of the European Parliament and of the Council
Financial market infrastructures		Operators of trading venues as defined in point (24) of Article 4 of Directive 2014/65/EU of the European Parliament and of the Council
		Central counterparties (CCPs) as defined in point (1) of Article 2 of Regulation (EU) No 648/2012 of the European Parliament and of the Council
Health sector	Health care settings (including hospitals and private clinics)	Healthcare providers as defined in point (g) of Article 3 of Directive 2011/24/EU of the European Parliament and of the Council
Drinking water supply and distribution		Suppliers and distributors of water intended for human consumption as defined in point (1)(a) of Article 2 of Council Directive 98/83/EC ( 17) but excluding distributors for whom distribution of water for human consumption is only part of their general activity of distributing other commodities and goods which are not considered essential services
Digital infrastructure		IXPs
		DNS service providers
		TLD name registries

National Definitions

Poland

"Operator usługi kluczowej” oznacza podmiot publiczny lub prywatny, należący do jed nego z rodzajów, o których mowa w załączniku II dyrektywy Parlamentu Europejskiego i Rady (UE) 2016/1148, spełniający kryteria określone w odrębnych przepisach.

See also

• Critical Information Infrastructure
• Critical Infrastructure
• Critical Infrastructure Operator