THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Central Bank [OJ C 233, 16.6.2022, p. 22.],

Having regard to the opinion of the European Economic and Social Committee [OJ C 286, 16.7.2021, p. 170.],

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure [Position of the European Parliament of 10 November 2022 (not yet published in the Official Journal) and decision of the Council of 28 November 2022.],

Whereas:

(1) Directive (EU) 2016/1148 of the European Parliament and the Council [Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).] aimed to build cybersecurity capabilities across the Union, mitigate threats to network and information systems used to provide essential services in key sectors and ensure the continuity of such services when facing incidents, thus contributing to the Union's security and to the effective functioning of its economy and society.