NIS2 Recital 131

Member States should be able to lay down the rules on criminal penalties for infringements of the national rules transposing this Directive. However, the imposition of criminal penalties for infringements of such national rules and of related administrative penalties should not lead to a breach of the principle of ne bis in idem, as interpreted by the Court of Justice of the European Union.

NIS2 is a Directive: the binding obligations live in each Member State's transposing national law, and this is the EU Directive text those laws implement.

Source text: EUR-Lex, Official Journal HTML (CELEX 32022L2555). The parser was validated against the anchor articles verified in REP-08.