Activities of Alviina ALAMETSÄ 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 (20)
Amendment 11 #
Proposal for a directive
Recital 2
Recital 2
(2) Despite existing measures at Union19 and national level aimed at supporting the protection of critical infrastructures in the Union, the entities operating those infrastructures are not adequately equipped to address current and anticipated future risks to their operations that may result in disruptions of the provision of services that are essential for the performance of vital societal functions or economic activities, as well as the free movement and safety of citizens. This is due to a dynamic threat landscape with an evolving terrorist threat and growing interdependencies between infrastructures and sectors, as well as an increased physical risk due to natural disasters and climate change, which increases the frequency and scale of extreme weather events and brings long-term changes in average climate that can reduce the capacity and efficiency of certain infrastructure types if resilience or climate adaptation measures are not in place. Moreover, relevant sectors and types of entities are often not recognised consistently as critical in all Member States which can mean a lack of adequate coordination between Member States in the protection of important cross-border and intersectoral critical infrastructures such as those in the transport and energy sectors. _________________ 19European Programme for Critical Infrastructure Protection (EPCIP).
Amendment 25 #
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 whilst also ensuring the need to dedicate significant resources to the maintenance of existing critical infrastructure, such as rail connections, roads and ports, in order to maximise their life times and ensure their resilience in face of climate change. Special focus should be given to cross-border links, such as regional cross-border rail connections or disused rail links, that might have been neglected in the absence of a concerted union level approach.
Amendment 32 #
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, climate change, public health emergencies such as pandemics, and antagonistic threats, including terrorist offences. Such assessments should be based on and regularly updated with latest scientific knowledge on evolving threats such as climate change in order to ensure timely adaption to an evolving threat landscape. 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 40 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to be able to ensure their resilience, critical entities should have a comprehensive understanding of all relevant risks to which they are exposed and analyse those risks. To that aim, they should carry out risks assessments, whenever necessary in view of their particular circumstances and the evolution of those risks, yet in any event every four years. The risk assessments by critical entities should be based on the risk assessment carried out by Member States. In particular, risk assessments should fully incorporate the latest scientific evidence concerning future climate change impacts on critical entities.
Amendment 43 #
Proposal for a directive
Recital 23
Recital 23
(23) Regulation (EC) No 300/2008 of the European Parliament and of the Council28 , Regulation (EC) No 725/2004 of the European Parliament and of the Council29 and Directive 2005/65/EC of the European Parliament and of the Council30 establish requirements applicable to entities in the aviation and maritime transport sectors to prevent incidents caused by unlawful acts and to resist and mitigate the consequences of such incidents. While the measures required in this Directive are broader in terms of risks addressed and types of measures to be taken, critical entities in those sectors should reflect in their resilience plan or equivalent documents the measures taken pursuant to those other Union acts. Moreover, when implementing resilience measures under this Directive, critical entities mayshould consider referring to non- binding guidelines and good practices documents developed under sectorial workstreams, such as the EU Rail Passenger Security Platform31 . _________________ 28 Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97/72, 9.4.2008, p. 72). 29 Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (OJ L 129, 29.4.2004, p. 6.). 30Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security (OJ L 310, 25.11.2005, p. 28). 31Commission Decision of 29 June 2018 setting up the EU Rail Passenger Security Platform C/2018/4014.
Amendment 50 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34 a) Member States and the Commission should ensure the necessary training and tools are in place for authorities and wider stakeholders to successfully implement this Directive with a special attention to rapidly evolving risks such as those related to cyber security and climate change.
Amendment 51 #
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34 b) In order to fully ensure an adequate approach is being taken to reduce vulnerabilities and increase the resilience of Member States in view of the threats to critical entities, it is important to recognise the role of local communities and local authorities inbeing able to provide and offer safeguards in the case of a significant disruption or disruptions to critical entities. Member States and the Commission should therefore consider the local level context, and in particular the decentralisation of energy and the role of alternative energy networks, in the implementation of this Directive to ensure a comprehensive approach is being taken to reduce all risks that threaten societal and economic activities.
Amendment 52 #
Proposal for a directive
Recital 34 c (new)
Recital 34 c (new)
(34 c) In accordance with applicable Union and national law, including Regulation 2019/452 that provides a framework for the screening of foreign direct investments into the Union, the potential threat posed by foreign ownership of critical infrastructures within the Union must be acknowledged as services, the economy, free movement and the safety of EU citizens depends on the proper functioning of critical infrastructure. Member States and the Commission should remain vigilant to the financial investments being made by foreign countries into the operation of critical entities within the Union and the consequences that such investments could have on the ability to prevent significant disruptions.
Amendment 61 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) a description of measures necessary to enhance the overall resilience of critical entities, including a national risk assessment, the identification of critical entities and of entities equivalent to critical entities, the maintenance requirements associated with critical entities, and the measures to support critical entities taken in accordance with this Chapter;
Amendment 62 #
Proposal for a directive
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(d a) an approach to increasing the resilience of local and regional communities in Member States and which recognises, but is not limited to, the role of decentralised local renewable energy supplies, energy storage systems and back-up energy storage systems such as battery electric vehicles, in offering alternative access to energy should a critical entity in the energy sector be significantly disrupted.
Amendment 64 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1 a (new)
Article 3 – paragraph 2 – subparagraph 1 a (new)
Amendment 65 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Incorporation of the latest scientific understanding of risks posed to critical entities. In particular, the strategies should fully incorporate for the latest scientific evidence concerning future climate change impacts on critical entities.
Amendment 66 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall communicate their strategies, and any updates of their strategies, to the Commission within three months from their adoption, and be made publicly available.
Amendment 69 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The risk assessment shall account for all relevant natural and man-made risks, including accidents, natural disasters, climate change, public health emergencies, antagonistic threats, including terrorist offences pursuant to Directive (EU) 2017/541 of the European Parliament and of the Council34 . The risk assessment must be based on most recent scientific knowledge on evolving threats such as climate change in order to ensure timely adaptation to an evolving threat landscape. _________________ 34Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 73 #
Proposal for a directive
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(d a) an assessment of existing national level plans, strategies or other initiatives designed to increase the resilience of local and regional communities in view of the potential consequences of a significant disruption or disruptions to critical entities.
Amendment 74 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Each Member State shall provide the Commission with data on the types of risks identified and the outcomes of the risk assessments, per sector and sub-sector referred to in the Annex, by [three years after entry into force of this Directive] and subsequently where necessary and at least every four years, and be made publicly available.
Amendment 76 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission may, in cooperation with the Member States, develop a voluntary common reporting template for the purposes of complying with paragraph 4, and shall provide a publicly available report reviewing the risk assessments made by Member States.
Amendment 78 #
Proposal for a directive
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5 a. Member States and the Commission shall ensure the necessary resources, capabilities and technologies are in place to handle the exchange of information and data pursuant to this Article. Special attention should be given to the handling of sensitive data, including by means of secure data exchange protocols, and to avoid data misuse, whilst recognising the need for non-sensitive data to be made publicly available to ensure transparency.
Amendment 104 #
Proposal for a directive
Article 11 – paragraph 1 – point f a (new)
Article 11 – paragraph 1 – point f a (new)
(f a) ensure the adequate maintenance and up keep of existing physical infrastructure related to the transport and energy sectors, especially in the face of increased potential for natural threats exacerbated by climate change, in order to avoid neglect and increase the lifetimes of such infrastructures which can in turn reduce costs associated with new builds and lower environmental impacts. Special focus should be given to cross-border links, such as regional cross-border rail connections or disused rail links, that might have been neglected in the absence of a concerted union level approach.
Amendment 131 #
Proposal for a directive
Annex 1- table - 2. Transport - point e new
Annex 1- table - 2. Transport - point e new
2.Transport a) Air — Air carriers referred to in point (4) of Article 3 of Regulation (EC) No 300/200856 — Airport managing bodies referred to in point (2) of Article Article 2 of Directive 2009/12/EC57 , airports referred to in point (1) in point (1) of Article 2 of that Directive, including the core airports listed core airports listed in Section 2 of Annex II to Regulation (EU) No 1315/201358 , (EU) No 1315/201358 , and entities operating ancillary installations contained within installations contained within airports — Traffic management control operators providing air traffic traffic control (ATC) services referred to in point (1) of Article 2 of Article 2 of Regulation (EC) No 549/200459 (b) (b) Rail — Infrastructure managers referred to in point (2) of Article 3 Rail Article 3 of Directive 2012/34/EU60 — Railway undertakings referred to in point (1) of Article 3 of 3 of Directive 2012/34/EU, including operators of service facilities facilities referred to in point (12) of Article 3 of Directive 2012/34/EU (c) (c) Water — Inland, sea and coastal passenger and freight water Water transport companies, referred to for maritime transport in Annex I to Regulation (EC) No 725/200461 , not including the the individual vessels operated by those companies — Managing bodies of ports referred to in point (1) of Article Article 3 of Directive 2005/65/EC62 , including their port facilities facilities referred to in point (11) of Article 2 of Regulation (EC) No Regulation (EC) No 725/2004, and entities operating works and equipment works and equipment contained within ports — Operators of vessel traffic services referred to in point (o) (o) of Article 3 of Directive 2002/59/EC63 of the European European Parliament and of the Council (d) (d) Road Road authorities referred to in point (12) of Article 2 of Road Commission Delegated Regulation (EU) 2015/96264 responsible for traffic management control — Operators of Intelligent Transport Systems referred to in in point (1) of Article 4 of Directive 2010/40/EU65 (e) public —Public transport authorities and service operators transport referred to in point (b,c and d) of Article 2 of Regulation (EC) No1370/2007