Working Paper on ANNEX II No. 3 NIS2 Directive
“The NIS2 Directive, adopted in January 2023, requires comprehensive transposition in the EU Member States by 17 October 2024. In this context, the Machinery and Equipment Manufacturers Association (VDMA) and reuschlaw are presenting a Working Paper on the assessment and specification of ANNEX II No. 3 of the NIS2 Directive. The paper analyses the definitions in the NIS2 Directive, in particular regarding the production of chemical substances, mixtures, and articles. The focus here is on how the Directive interacts with the REACH Regulation.
The working paper shows that more than 22,500 companies (approx. 50%) in the manufacturing industry in Germany are affected in accordance with ANNEX II No. 3, while at the same time there is a significant overlap with other relevant sectors in accordance with ANNEX II, which reveals ambiguities, contradictions, and regulatory gaps in the NIS2 Directive.
Finally, suggested wording is presented to improve the precision and clarity of the NIS2 Directive in its national implementation. Tools such as the NIS2 Quick-Check and the VDMA NIS2 working group are presented to support companies in implementing the NIS2 Directive.
The working paper was written jointly by Steffen Zimmermann, VDMA and Stefan Hessel. You can download the full document below.
