Activities of Katrin LANGENSIEPEN related to 2020/0365(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the resilience of critical entities
Amendments (11)
Amendment 118 #
Proposal for a directive
Recital 18
Recital 18
(18) Given that under the NIS 2 Directive entities identified as critical entities, as well as identified entities in the digital infrastructure sector that are to be treated as equivalent under the present Directive are subject to the cybersecurity requirements of the NIS 2 Directive, the competent authorities designated under the two Directives should cooperate, particularly in relation to cybersecurity risks and incidents affecting those entities. Member States should pay particular attention when transposing this Directive and the NIS 2 Directive in order to ensure that the obligations imposed by each instrument are complementary and that entities can benefit from simplified enforcement conditions and reporting obligations.
Amendment 119 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should support critical entities in strengthening their resilience, in compliance with their obligations under this Directive, without prejudice to the entities’ own legal responsibility to ensure such compliance. Member States could in particular develop guidance materials and methodologies, and should support the organisation of exercises to test their resilience and provide training to personnel of critical entities. Moreover, given the interdependencies between entities and sectors, Member States should establish information sharing tools to support voluntary information sharing between critical entities, without prejudice to the application of competition rules laid down in the Treaty on the Functioning of the European Union.
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not apply to matters covered by Directive (EU) XX/YY [proposed Directive on measures for a high common level of cybersecurity across the Union; (‘NIS 2 Directive’)], without prejudice to Article 7. A coherent approach shall be ensured between these acts, such as by ensuring that entities under NIS 2 susceptible to being subject to obligations under this Directive, where possible, benefit from a single point of contact and a common set of rules.
Amendment 151 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. For the purposes of Chapter IV, Member States shall ensure that critical entities, following the notification referred in paragraph 3, provide information to their competent authorities designated pursuant to Article 8 of this Directive on whether they provide essential services to or in more than one thirdfifth of Member States. Where that is so, the Member State concerned shall notify, without undue delay, to the Commission the identity of those critical entities.
Amendment 171 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that critical entities may submit requests for background checks on persons who fall within certain specific categories of their personnel, including persons being considered for recruitment to positions falling within those categories, and that those requests are assessed expeditiously by the authorities competent to carry out such background checks. Those persons shall be informed in advance about the checks, including general information about how, when and by whom the checks will be carried out.
Amendment 172 #
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) in exceptional cases, when deemed necessary by Member States, cover previous employments, education and any gaps in education or employment in the person’s resume during at least the preceding five years and for a maximum of ten maximum of the ten preceding years.
Amendment 173 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The background checks referred to in paragraph 1 shall fully respect the requirements under Union and national law. The results communicated to the entity should be limited to what is strictly necessary to achieve the aims of the background check.
Amendment 177 #
Proposal for a directive
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) the number of individual and business users affected by the disruption or potential disruption;
Amendment 181 #
Proposal for a directive
Article 13 – paragraph 2 – point c a (new)
Article 13 – paragraph 2 – point c a (new)
(ca) any impact on human life or the environment.
Amendment 184 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. An entity shall be considered a critical entity of particular European significance when it has been identified as a critical entity and it provides essential services to or in more than one thirdfifth of Member States and has been notified as such to the Commission pursuant to Article 5(1) and (6), respectively.
Amendment 197 #
Proposal for a directive
Article 16 – paragraph 3 – point h a (new)
Article 16 – paragraph 3 – point h a (new)
(ha) publishing relevant findings from its work, to facilitate academic and security research.