13 Amendments of Maria-Manuel LEITÃO-MARQUES related to 2020/0365(COD)
Amendment 25 #
Proposal for a directive
Recital 1
Recital 1
(1) Council Directive 2008/114/EC17 provides for a procedure for designating European critical infrastructures in the energy and transport sectors, the disruption or destruction of which would have significant cross-border impact on at least two Member States. That Directive focused exclusively on the protection of such infrastructures. However, the evaluation of Directive 2008/114/EC conducted in 201918 found that due to the increasingly interconnected and cross-border nature of operations using critical infrastructure, protective measures relating to individual assets alone are insufficient to prevent all disruptions from taking place. Therefore, it is necessary to shift the approach towards ensuring the resilience of critical entities, that is, their ability to mitigate, absorb, accommodate to and recover from incidents that have the potential to disrupt the operations of the critical entity endangering the overall economic and social well-being of citizens. _________________ 17Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p.75). 18 SWD(2019) 308.
Amendment 33 #
Proposal for a directive
Recital 3
Recital 3
(3) 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, banking, financial market infrastructure, 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. Innovation and technology advancements contribute to the creation of new forms and types of infrastructure systems that use innovations aimed at reducing costs and increasing efficiency and may have implications on risk and resilience. These 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 and the capital importance of raw materials, chemical, pharmaceutical and manufacturing industries and of products that are essential to many critical infrastructure sectors.
Amendment 39 #
Proposal for a directive
Recital 7
Recital 7
(7) Certain sectors of the economy such as energy and transport are already regulated or may be regulated in the future by sector-specific acts of Union law that contain rules related to certain aspects of resilience of entities operating in those sectors. In order to address in a comprehensive manner the resilience of those entities that are critical for the proper functioning of the internal market, those sector-specific measures should be complemented by the ones provided for in this Directive, which creates an overarching framework that addresses critical entities’ resilience in respect of all hazards, that is, natural and man-made, accidental and intentional. Resilience of energy infrastructures is integral to growth and production across the Union, in particular it contributes to reduce energy poverty, ensuring a decent standard of living and to energy security.
Amendment 74 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where necessary, Member States shall allocate additional resources to support critical entities to fulfil requirements of this Directive, in particular to cover additional costs associated with learning and training activities or employing additional staff for reporting, monitoring and reviewing.
Amendment 75 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall establish information sharing tools to support voluntary information sharing between critical entities, with the aim of increasing knowledge sharing and increased transparency within and between sectors, in relation to matters covered by this Directive, in accordance with Union and national law on, in particular, competition and protection of personal data.
Amendment 84 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
2. The Critical Entities Resilience Group shall be composed of representatives of the Member States and the Commission. Where relevant for the performance of its tasks, the Critical Entities Resilience Group may invite representatives of interested parties to participate in its work, encouraging the active involvement of SMEs and civil society and trade unions for worker- related aspects such as training.
Amendment 116 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to facilitate cross-border cooperation and communication and to enable the effective implementation of this Directive, each Member State should, without prejudice to sector-specific Union legal requirements, designate, within one of the authorities it designated as competent authority under this Directive, a single point of contact responsible for coordinating issues related to the resilience of critical entities and cross-border cooperation at Union level in this regard. The single point of contact should also liaise, and coordinate all communication, with the competent authorities of its Member State, with the single points of contact of other Member States, with the Critical Entities Resilience Group established by this Directive and with the single points of contacts of entities identified as critical entities under this Directive. To that end, the single points of contact should use efficient, secured, standardised and harmonised reporting channels.
Amendment 117 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to facilitate the cooperation and communication with the Member States, entities identified as critical entities under this Directive should also designate a single point of contact within the entity. The single point of contact should be used by the critical entity to liaise, coordinate and communicate with the Member States, on measures related to the organisational and technical aspects related to the implementation of this Directive.
Amendment 131 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) “essential service” means a service which is essential for the wellbeing of citizens and the maintenance of vital societal functions or economic activities and proper functioning of the internal market and the disruption of which would have a significant cross-sectoral or cross- border effect on the provision of that service, in on one or more Member States;
Amendment 134 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) “risk assessment” means a methodology to determine the nature and extent of a risk by analysingssessing the extent of potential threats and hazards and evaluatgainst the resilience of the critical entity, analysing existing conditions of vulnerability that could facilitate the disrupt theion of operations of the critical entity and evaluating the potential adverse effect the disruption of operations could have on the provision of essential services.
Amendment 156 #
Proposal for a directive
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(ea) the vulnerability associated with the degree of isolation of certain types of geographic areas, such as insular regions, outermost regions or mountainous areas;
Amendment 169 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Member States shall ensure that critical entities designate within three months after receiving the notification referred to in Article 5(3), a single point of contact to exercise a liaison function with the Member States on issues related to the technical and organisational measures referred to in paragraph 1.
Amendment 179 #
Proposal for a directive
Article 13 – paragraph 2 – point c a (new)
Article 13 – paragraph 2 – point c a (new)
(ca) the degree of isolation of the areas affected by the incident, and in particular if it affects insular and outermost regions or mountainous areas;