12 Amendments of Radosław SIKORSKI related to 2020/0359(COD)
Amendment 29 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive leaves unaffected the ability of Member States to take the necessary measures to ensure the protection of the essential interests of their security, to safeguard public policy and public security, and to allow for the investigation, detection and prosecution of criminal offences, in compliance with Union law and fundamental rights. In accordance with Article 346 TFEU, no Member State is to be obliged to supply information the disclosure of which would be contrary to the essential interests of its public security. In this context, national and Union rules for protecting classified information, non-disclosure agreements, and informal non-disclosure agreements such as the Traffic Light Protocol14 , are of relevance. _________________ 14 The Traffic Light Protocol (TLP) is a means for someone sharing information to inform their audience about any limitations in further spreading this information. It is used in almost all CSIRT communities and some Information Analysis and Sharing Centres (ISACs).
Amendment 32 #
Proposal for a directive
Recital 20
Recital 20
(20) Those growing interdependencies are the result of an increasingly cross- border and interdependent network of service provision using key infrastructures across the Union in the sectors of energy, transport, digital infrastructure, drinking and waste water, health, certain aspects of public administration, as well as space in as far as the provision of certain services depending on ground-based infrastructures that are owned, managed and operated either by Member States or by private parties is concerned, therefore not covering infrastructures owned, managed or operated by or on behalf of the Union as part of its space programmes. Infrastructure owned, managed or operated by or on behalf of the Union as part of its space programmes is particularly important for the security of the Union and its Member States and the proper functioning of the Union's Common Security and Defence Policy (CSDP ) missions. Such infrastructure is therefore to be adequately protected as set out in Regulation (EU) 2021/696 of the European Parliament and of the Council.18a Those interdependencies mean that any disruption, even one initially confined to one entity or one sector, can have cascading effects more broadly, potentially resulting in far-reaching and long-lasting negative impacts in the delivery of services across the internal market. The COVID-19 pandemic has shown the vulnerability of our increasingly interdependent societies in the face of low- probability risks. _________________ 18aRegulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69)
Amendment 34 #
Proposal for a directive
Recital 26
Recital 26
(26) Given the importance of international cooperation on cybersecurity, CSIRTs should be able to participate in international cooperation networks in addition to the CSIRTs network established by this Directive. Member States could also explore the possibility of increasing cooperation with like-minded partner countries and international organisations such as the Council of Europe, the North Atlantic Treaty Organisation, the Organisation for Economic Cooperation and Development, the Organisation for Security and Co-operation in Europe and the United Nations with the aim to create an open, free, stable and secure cyberspace based on international law.
Amendment 35 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) Due to the fact that cybersecurity has both a civilian and a military dimension, an integrated policy approach and close cooperation between the CSIRTs Network and the foreseen Military CERT-Network should be developed.
Amendment 37 #
Proposal for a directive
Recital 36
Recital 36
(36) The Union should, where appropriate, conclude international agreements, in accordance with Article 218 TFEU, with third countries or international organisations, allowing and organising their participation in some activities of the Cooperation Group and the CSIRTs network. Such agreements should ensure adequate protection of data. The Union should also continue to support capacity building in third countries. Member States should, where appropriate, encourage the participation of like- minded partner countries, which share our European values, in relevant PESCO projects.
Amendment 38 #
Proposal for a directive
Recital 37
Recital 37
(37) Member States should contribute to the establishment of the EU Cybersecurity Crisis Response Framework set out in Recommendation (EU) 2017/1584 through the existing cooperation networks, notably the Cyber Crisis Liaison Organisation Network (EU-CyCLONe), CSIRTs network and the Cooperation Group. EU- CyCLONe and the CSIRTs network should cooperate on the basis of procedural arrangements defining the modalities of that cooperation. The EU-CyCLONe’s rules of procedures should further specify the modalities through which the network should function, including but not limited to roles, cooperation modes, interactions with other relevant actors and templates for information sharing, as well as means of communication. For crisis management at Union level, relevant parties should rely on the Integrated Political Crisis Response (IPCR) arrangements. The Commission should use the ARGUS high-level cross- sectoral crisis coordination process for this purpose. If the crisis entails an important external or Common Security and Defence Policy (CSDP) dimension, the European External Action Service (EEAS) Crisis Response Mechanism (CRM) should be activated. In addition, the Union shoud make full use of its cyber diplomacy toolbox.
Amendment 41 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40 a) Member States should improve their capabilities to detect, analyse, and mitigate cyber security incidents in real time in order to stop malicious activities ideally before they can affect networks and systems. The Union and the Member States should also strenghten their capabilities to attribute cyber attacks in order to effectively deter and respond to cyber attacks in a proportionate way.
Amendment 45 #
Proposal for a directive
Recital 43
Recital 43
(43) Addressing cybersecurity risks stemming from an entity’s supply chain and its relationship with its suppliers is particularly important given the prevalence of incidents where entities have fallen victim to cyber-attacks and where malicious actors were able to compromise the security of an entity’s network and information systems by exploiting vulnerabilities affecting third party products and services. Entities should therefore assess and take into account the overall quality of products and cybersecurity practices of their suppliers and service providers, including their risk- management systems and their secure development procedures.
Amendment 49 #
Proposal for a directive
Recital 68
Recital 68
(68) Entities should be encouraged to collectively leverage their individual knowledge and practical experience at strategic, tactical and operational levels with a view to enhance their capabilities to adequately assess, monitor, defend against, and respond to, cyber threats. It is thus necessary to enable the emergence at Union level of mechanisms for voluntary information sharing arrangements. To this end, Member States should actively support and encourage also relevant entities not covered by the scope of this Directive to participate in such information-sharing mechanisms. In addition, Member States could also explore the possibility of including entities from like-minded partner countries in the information-sharing mechanisms. Those mechanisms should be conducted in full compliance with the competition rules of the Union as well as the data protection Union law rules.
Amendment 50 #
Proposal for a directive
Recital 68 a (new)
Recital 68 a (new)
(68 a) Given that cybersecurity has both a civilian and a military dimension, information exchange across sectors (defence, civilian, law enforcement and external action) should also be encouraged. The Joint Cyber Unit could play an important role in protecting the EU from cyber-attacks by helping actors to acquire a common understanding of the threat landscape and to coordinate their response.
Amendment 67 #
Proposal for a directive
Article 13 – paragraph 3 – point k
Article 13 – paragraph 3 – point k
(k) cooperating and exchanging information with regional and Union-level Security Operations Centres (SOCs) and, where appropriate, with military CERTs in order to improve common situational awareness on incidents and threats across the Union;
Amendment 69 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. EU-CyCLONe shall be composed of the representatives of Member States’ crisis management authorities designated in accordance with Article 7, the Commission and ENISA. ENISA shall provide the secretariat of the network and support the secure exchange of information. For large-scale cybersecurity incidents and crises at Union level involving more than one Member State, a Union level crisis management structure involving all relevant actors, including the Joint Cyber Unit, shall be established.