10 Amendments of Mikuláš PEKSA related to 2020/0365(COD)
Amendment 47 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure that all relevant entities are subject to those requirements and to reduce divergences in this respect, it is important to lay down harmonised rules allowing for a consistent identification of critical entities across the Union, while also allowing Member States to reflect national specificities. This Directive addresses the need to ensure continuity of the services essential for the maintenance of vital societal functions or economic activities, without prejudice to national competence in organising and delivering public services. Therefore, criteria to identify critical entities should be laid down. In the interest of effectiveness, efficiency, consistency and legal certainty, appropriate rules should also be set on notification and cooperation relating to, as well as the legal consequences of, such identification. In order to enable the Commission to assess the correct application of this Directive, Member States should submit to the Commission, in a manner that is as detailed and specific as possible, relevant information and, in any event, the list of essential services, the number of critical entities identified for each sector and subsector referred to in the Annex and the essential service or services that each entity provides and any thresholds applied.
Amendment 50 #
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. In particular Member States, in the transposition acts for NIS 2 Directive and this Directive, should provide measures to avoid double reporting and control, to ensure strategies and requirements are complementary and that entities can benefit from simplified enforcement and reporting conditions.
Amendment 51 #
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 cshould in particular develop guidance materials and methodologies, 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 57 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) lays down obligations for Member States to take certain measures aimed at ensuring the continuous provision in the internal market of services essential for the maintenance of vital societal functions or economic activities, in particular to identify critical entities and entities to be treated as equivalent in certain respects, and to enable them to meet their obligations;
Amendment 59 #
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 7and Regulation [XX/YY] on digital operational resilience for the financial sector, without prejudice to Article 7. Entities covered by the NIS 2 Directive that are subject to obligations under this Directive, shall benefit from a single point of contact and common set of rules provided that all the other conditions are met.
Amendment 73 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall support critical entities in enhancing their resilience. That support mayshall include, among others, developing guidance materials and methodologies, supporting the organisation of exercises to test their resilience and providing training to personnel of critical entities.
Amendment 82 #
Proposal for a directive
Article 13 – paragraph 2 – point -a (new)
Article 13 – paragraph 2 – point -a (new)
(-a) the impact on human life and the environmental consequences;
Amendment 83 #
Proposal for a directive
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
Amendment 85 #
Proposal for a directive
Article 16 – paragraph 7 a (new)
Article 16 – paragraph 7 a (new)
Amendment 86 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. In order to receive and properly use the information received in accordance with Article 13(4a) the Commission shall keep a European registry of incidents and develop a common European reporting centre, with the aim of developing and sharing best practices and methodologies.