S.L. 460.41 Art. 4Essential and important entities. 16 [S.L.

(1) For the purposes of this order, the following entities shall be considered to be essential entities:

(a) entities of a type indicated in the First Schedule which exceed the ceilings for medium-sized enterprises provided for in accordance with Article 2(1) of the Annex to the Commission Recommendation 2003/361/EC;

(b) qualified trust service providers and top-level domain name registries as well as DNS service providers, regardless of their size;

(c) providers of public electronic communications networks or of publicly available electronic communications services which qualify as medium-sized enterprises in accordance with Article 2 of the Annex to the Commissioner Recommendation 2003/361/EC;

(d) public administration entities mentioned in article 3(3)(f)(i);

(e) any other entity of a type referred to in the First or Second Schedule that are identified by the CIP Department or where designated the competent authority as an essential entity pursuant to articles 3(3)(b) to (e);

(f) entities identified as critical entities under the Resilience of Critical Entities and Infrastructures (Identification, Designation and Protection) Order in article CYBERSECURITY ACROSS THE EUROPEAN UNION 460.41 (MALTA)

3(4);

(g) entities which the CIP Department or where designated the competent authority identified before 16 January 2023 as operators of essential services in conformity with:

(i) Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive); or

(ii) national law.

(2) For the purposes of this order, entities of a type referred to in the First or Second Schedule which do not qualify as essential entities pursuant to sub-article (1) shall be considered to be important entities. This includes entities identified by the CIP Department or where designated the competent authority as important entities pursuant to articles 3(3)(b) to (e).