15 Amendments of Salvatore DE MEO related to 2020/0365(COD)
Amendment 35 #
(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, agri- food, 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. 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.
Amendment 36 #
Proposal for a directive
Recital 4
Recital 4
(4) The entities involved in the provision of essential services are increasingly subject to diverging requirements imposed under the laws of the Member States. The fact that some Member States have less stringent security requirements on these entities not only risks impacting negatively on the maintenance of vital societal functions or economic activities across the Union, it also leads to obstacles to the proper functioning of the internal market. The resilience of critical entities is of great importance for the functioning of the internal market and the security of the Union, however, this Directive should not limit the responsibility of Member States to protect national security. Similar types of entities are considered as critical in some Member States but not in others, and those which are identified as critical are subject to divergent requirements in different Member States. This results in additional and unnecessary administrative burdens for companies operating across borders, notably for companies active in Member States with more stringent requirements.
Amendment 38 #
Proposal for a directive
Recital 5
Recital 5
(5) It is therefore necessary to lay down harmonised minimum rules to ensure the provision of essential services in the internal market and enhance the resilience of critical entities, while maintaining the responsibilities of Member States’ for national security.
Amendment 41 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) This Directive should apply to the following sectors: energy, transport, banking, financial market infrastructures, health, drinking water, waste water, digital infrastructure, agri-food, public administration, and space. As far as digital infrastructures that fall within the scope of the NIS 2 Directive are concerned, only the provisions of this Directive concerning the national frameworks on the resilience of critical entities should apply. Infrastructures belonging to one of those sectors, other than digital infrastructures, but with a digital feature, should fall within the scope of both this Directive and the NIS 2 Directive in their entirety.
Amendment 43 #
Proposal for a directive
Recital 10
Recital 10
(10) In view of ensuring a comprehensive approach to the resilience of critical entities, each Member State should have a strategy setting out objectives and policy measures to be implemented. In case a critical entity is located in one Member States but the consequences of a disaster could have an impact in more than one Member State, coordination between competent authorities on crisis management and resilience strategy should be encouraged. To achieve this, Member States should ensure that their cybersecurity strategies provide for a policy framework for enhanced coordination between the competent authority under this Directive and the NIS 2 Directive in the context of information sharing on incidents and cyber threats and the exercise of supervisory tasks.
Amendment 46 #
Proposal for a directive
Recital 11
Recital 11
(11) The actions of Member States to identify and help ensure the resilience of critical entities should follow a risk-based approach that targets efforts to the entities most relevant for the performance of vital societal functions or economic activities. In order to ensure such a targeted approach, each Member State should carry out, within a harmonised framework, an assessment of all relevant natural and man- made risks that may affect the provision of essential services, including accidents, natural disasters, public health emergencies such as pandemics, criminal infiltration, and antagonistic threats, including terrorist offences. When carrying out those risk assessments, Member States should take into account other general or sector- specific risk assessment carried out pursuant to other acts of Union law and should consider the dependencies between sectors, including from other Member States and third countries. The outcomes of the risk assessment should be used in the process of identification of critical entities and to assist those entities in meeting the resilience requirements of this Directive.
Amendment 49 #
Proposal for a directive
Recital 16
Recital 16
(16) Member States should designate authorities competent to supervise the application of and, where necessary, enforce the rules of this Directive and ensure that those authorities are adequately empowered and resourced. In view of the differences in national governance structures and in order to safeguard already existing sectoralnational or Union-based sector- specific arrangements or Union supervisory and regulatory bodies, and to avoid duplication, Member States should be able to designate more than one competent authority. In that case, they should however clearly delineate the respective tasks of the authorities concerned and ensure that they cooperate smoothly and effectively. All competent authorities should also cooperate more generally with other relevant authorities, both at national and Union level.
Amendment 66 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. When drafting their strategies, Member States may consult local and regional authorities and take into consideration local capacities .
Amendment 68 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
For the purposes of point (c) of the first subparagraph, Member States shall cooperate with the competent authorities of other Member States and third countries, as appropriate, as well as local and regional authorities.
Amendment 70 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Member States shall ensure that their competent authorities, whenever appropriate, and in accordance with Union and national law, consult and cooperate with other relevant national authorities, including, where appropriate, local and regional authorities, in particular those in charge of civil protection, law enforcement and protection of personal data, as well as with relevant interested parties, including critical entities.
Amendment 88 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall ensure that the powers provided for in paragraphs 1, 2 and 3 can only be exercised subject to appropriate safeguards. Those safeguards shall guarantee, in particular, that such exercise takes place in an objective, transparent and proportionate manner and that the rights and legitimate interests of the critical entities affected are duly safeguarded, including their rights to be heard, of defence and to an effective remedy before an independent court.
Amendment 89 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
The Commission shall periodically review the functioning of this Directive, and report to the European Parliament and to the Council. The report shall in particular assess the impact and added value of this Directive on ensuring the resilience of critical entities and whether the scope of the Directive should be extended to cover other sectors or subsectors. The first report shall be submitted by [six years after the entry into force of this Directive] and shall assess in particular whether the scope of the Directive should be extended to include the food production, processing and distribution sector.
Amendment 90 #
Proposal for a directive
Annex - Point 5. Health (new)
Annex - Point 5. Health (new)
Amendment 91 #
Proposal for a directive
Annex - Point 8 a (new)
Annex - Point 8 a (new)
Amendment 270 #
Proposal for a directive
Annex – section 10 a (new)
Annex – section 10 a (new)
10a. Agri-food sector Wholesale markets Entities of public interest that ensure an essential service for the provision and distribution of agricultural, fishing, fresh and perishable food productions to the agri-food chain until the final consumer, for vast regional and interregional areas.