NIS 2 transposition process tracking

All European Union (EU) countries must transpose the NIS 2 (Network and Information Security) directive into their national law by October 2024.

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European Directives vs. Regulations

Understanding the Difference Between European Directives and Regulations

A European Directive and a Regulation are both legislative acts of the European Union, but they function differently. A Regulation is directly applicable and enforceable in all EU member states as soon as it comes into effect, without requiring any further action by national governments. It has a binding legal force throughout the EU, ensuring uniformity of laws across member states. On the other hand, a Directive sets out a goal that all EU countries must achieve, but it is up to the individual countries to decide how to transpose (implement) it into their national laws. Directives are not directly applicable; they require national legislation to be passed in each member state to bring them into effect.

How Directives Are Transposed into National Law

When transposing a Directive, countries typically follow common steps to ensure compliance with the EU’s objectives while aligning with national legal systems. First, the national government drafts legislation or amendments to existing laws that align with the directive’s requirements. This process often involves consultations with stakeholders, including industries, public bodies, and the general public, to consider the directive’s implications. Once the draft is prepared, it undergoes the standardStandard Means a technical specification, adopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory, and which is one of the following: (a) ‘international standard’ means a standard adopted by an international standardisation body; (b) ‘European standard’ means a standard adopted by a European standardisation organisation; (c) ‘harmonised standard’ means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonisation legislation; (d) ‘national standard’ means a standard adopted by a national standardisation body - Definition according Article 2, point (1), ofRegulation (EU) No 1025/2012 of the European Parliament and of the Council. legislative procedure in the country, which may include readings, debates, and votes in the national parliament. After approval, the new or amended law is officially enacted and comes into force, thereby fulfilling the requirements of the EU Directive. The European Commission monitors the transposition process to ensure that all member states implement the directives within the specified deadline and in compliance with EU law.

To date, EU countries have achieved uneven levels of progress, and have sometimes adopted different approaches to transposition