27 Amendments of Marian-Jean MARINESCU related to 2017/0225(COD)
Amendment 93 #
Proposal for a regulation
Recital 2
Recital 2
(2) The use of network and information systems by citizens, businesses and governments across the Union is now pervasive. Digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the Internet of Things (IoT) millions, if not billions, of connected digital devices are expected to be deployed across the EU during the next decade. While an increasing number of devices are connected to the Internet, security and resilience are not sufficiently built in by design, leading to insufficient cybersecurity. In this context, the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ICT products, processes and services, undermining trust in digital solutions. This ambition is at the heart of the European Commission’s reform agenda to achieve a digital single market as ICT networks provide the backbone for digital products and services which have the potential to support all aspects of our lives and drive Europe’s economic growth. To ensure that the objectives of the digital single market are fully achieved the essential technology building blocks on which important areas such as eHealth, IoT, Artificial Intelligence, Quantum technology as well as intelligent transport system and advanced manufacturing rely must be in place.
Amendment 96 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) Believes that the objectives and tasks of ENISA should be further aligned with the Joint Communication with regards to its reference to the promotion of cyber hygiene and awareness; notes that cyber resilience can be achieved by implementing basic cyber hygiene principles;
Amendment 98 #
Proposal for a regulation
Recital 5
Recital 5
(5) In light of the increased cybersecurity challenges faced by the Union, there is a need for a comprehensive set of measures that would build on previous Union action and foster mutually reinforcing objectives. These include the need to further increase capabilities and preparedness of Member States and businesses, as well as to improve cooperation and coordination across Member States and EU institutions, agencies and bodies. Furthermore, given the borderless nature of cyber threats, there is a need to increase capabilities at Union level that could complement the action of Member States, in particular in the case of large scale cross-border cyber incidents and crises. Additional efforts are also needed to deliver a coordinated EU response and increase awareness of citizens and businesses on cybersecurity issues. Moreover, the trust in the digital single market should be further improved by offering transparent information on the level of security of ICT products and services. This can be facilitated by EU- wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors. Alongside EU-wide certification, there is a range of voluntary measures widely accepted in the market place, depending on the product, service, use or standard; these measures as well as the industry bottom up approach, including the use of security-by-design, leveraging and contributing to international standards, should be encouraged.
Amendment 107 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Union has already taken important steps to ensure cybersecurity and increase trust in digital technologies. In 2013, an EU Cybersecurity Strategy was adopted to guide the Union's policy response to cybersecurity threats and risks. In its effort to better protect Europeans online, in 2016 the Union adopted the first legislative act in the area of cybersecurity, the Directive (EU) 2016/1148 concerning measures for a high common level of security of network and information systems across the Union (the "NIS Directive"). The NIS Directive fulfills the digital single market strategy and together with other instruments, such as the Directive establishing the European Electronic Communications Code, Regulation (EU) 2016/679 and Directive 2002/58/EC, puts in place requirements concerning national capabilities in the area of cybersecurity, established the first mechanisms to enhance strategic and operational cooperation between Member States, and introduced obligations concerning security measures and incident notifications across sectors which are vital for economy and society such as energy, transport, water, banking, financial market infrastructures, healthcare, digital infrastructure as well as key digital service providers (search engines, cloud computing services and online marketplaces). A key role was attributed to ENISA in supporting implementation of this Directive. In addition, effective fight against cybercrime is an important priority in the European Agenda on Security, contributing to the overall aim of achieving a high level of cybersecurity.
Amendment 130 #
Proposal for a regulation
Recital 28
Recital 28
(28) The Agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations. The Agency should also contribute to promote best practices, cyber hygiene and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents, and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience. The Agency should furthermore organise, in cooperation with the Member States and the Union institutions, bodies, offices and agencies regular outreach and public education campaigns directed to end-users, aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace, including cybercrimes such as phishing attacks, botnets, financial and banking fraud, as well as promoting basic authentication and data protection advice. The Agency should play a central role in accelerating end-user awareness on security of devices.
Amendment 140 #
Proposal for a regulation
Recital 35
Recital 35
(35) The Agency should encourage Member States and service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal cybersecurity. In particular, service providers and product manufacturers should withdraw or recycle products and services that do not meet cybersecurity standards. In cooperation with competent authorities, ENISA may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market, and issue warnings targeting providers and manufacturers and requiring them to improve the security, including cybersecurity, of their products and services. The Agency should work together with stakeholders towards developing a EU-wide approach to responsible vulnerabilities disclosure and should promote best practices in this area.
Amendment 141 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) Standards are a voluntary, market- driven tool providing technical requirements and guidance and resulting from an open, transparent and inclusive process. The Agency should regularly consult and work in close cooperation with the standardization organizations, in particular when preparing the European Cybersecurity Certification Schemes.
Amendment 150 #
Proposal for a regulation
Recital 44
Recital 44
(44) The Agency should have a Permanent Stakeholders’ Group as an advisory body, to ensure regular dialogue with the private sector, consumers’ organisations and other relevant stakeholders. The Permanent Stakeholders’ Group, set up by the Management Board on a proposal by the Executive Director, should focus on issues relevant to stakeholders and bring them to the attention of the Agency. The composition of the Permanent Stakeholders Group and the tasks assigned to this Group, to be consulted in particular regarding the draft Work Programme, should ensure sufficient representation of stakeholders in the work of the Agency. Given the importance of certification requirements for ensuring trust in the IoT, the Commission should specifically consider implementing measures to ensure the pan-EU security standards harmonisation for IoT devices.
Amendment 155 #
Proposal for a regulation
Recital 46
Recital 46
(46) In order to guarantee the full autonomy and independence of the Agency and to enable it to perform additional and new tasks, including unforeseen emergency tasks, the Agency should be granted a sufficient and autonomous budget whose revenue comes primarily from a contribution from the Union and contributions from third countries participating in the Agency’s work. The appropriate budget is paramount to ensure that the Agency has sufficient capacities to fulfill all its growing tasks and objectives. The majority of the Agency staff should be directly engaged in the operational implementation of the Agency’s mandate. The host Member State, or any other Member State, should be allowed to make voluntary contributions to the revenue of the Agency. The Union’s budgetary procedure should remain applicable as far as any subsidies chargeable to the general budget of the Union are concerned. Moreover, the Court of Auditors should audit the Agency’s accounts to ensure transparency and accountability.
Amendment 165 #
Proposal for a regulation
Recital 50
Recital 50
(50) Currently, the cybersecurity certification of ICT products and services is used only to a limited extent. When it exists, it mostly occurs at Member State level or in the framework of industry driven schemes. In this context, a certificate issued by one national cybersecurity authority is not in principle recognised by other Member States. Companies thus may have to certify their products and services in several Member States where they operate, for example with a view to participating in national procurement procedures. Moreover, while new schemes are emerging, there seems to be no coherent and holistic approach with regard to horizontal cybersecurity issues, for instance in the field of the Internet of Things. Existing schemes present significant shortcomings and differences in terms of product coverage, levels of assurance, substantive criteria and actual utilisation. A case by case approach is required to ensure that services, processes and products are subject to appropriate certification schemes. Additionally, a risk- based approach is needed for effective identification and mitigation of risks whilst acknowledging that a one size fits all scheme is not possible.
Amendment 168 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52 a) Notes that certification schemes should build upon what already exists at national and international level, learning from current strong points and assessing and correcting weaknesses.
Amendment 169 #
Proposal for a regulation
Recital 52 b (new)
Recital 52 b (new)
(52 b) Flexible cybersecurity solutions are necessary for industry to stay ahead of malicious attacks and threats, therefore any certification scheme should avoid the risk of being outdated quickly.
Amendment 179 #
Proposal for a regulation
Recital 57
Recital 57
(57) Recourse to European cybersecurity certification should remain voluntary, unless otherwise provided in Union or national legislation. After this initial stage, and depending on the maturity of implementation in the Member States and the criticality of a product or service, it is recognised that, in the future, potentially mandatory schemes for certain ICT products, processes and services may begin to evolve in a phased approach for the future generations of technology and in response to the policy objectives of tomorrow. However, with a view to achieving the objectives of this Regulation and avoiding the fragmentation of the internal market, national cybersecurity certification schemes or procedures for the ICT products and services covered by a European cybersecurity certification scheme should cease to produce effects from the date established by the Commission by means of the implementing act. Moreover, Member States should not introduce new national certification schemes providing cybersecurity certification schemes for ICT products and services already covered by an existing European cybersecurity certification scheme.
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) lays down a framework for the establishment of European cybersecurity certification schemes for the purpose of ensuring an adequate level of cybersecurity of ICT products, processes and services in the Union. Such framework shall apply without prejudice to specific provisions regarding voluntary or mandatory certification in other Union acts.
Amendment 223 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) "Cyber hygiene" means multi- factor authentication, patching, encryption, micro-segmentation that can minimise the risks from cyber threats and apply the principle of least privilege;
Amendment 294 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Agency shall facilitate the establishment of and continuously support sectoral Information Sharing and Analysis Centres (ISACs), in particular in the sectors listed in Annex II of Directive (EU) 2016/1148, by providing best practices and guidance on available tools, procedure, cyber hygiene principles, as well as on how to address regulatory issues related to information sharing.
Amendment 358 #
Proposal for a regulation
Article 9 – paragraph 1 – point g a (new)
Article 9 – paragraph 1 – point g a (new)
(g a) support closer coordination and exchange of best practices among Member States on cybersecurity literacy, cyber hygiene and raising awareness;
Amendment 380 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Management Board, acting on a proposal by the Executive Director, shall, in a transparent manner, set up a Permanent Stakeholders’ Group composed of recognised experts representing the relevant stakeholders, such as the ICT industry, providers of electronic communications networks or services available to the public, consumer groups, standardisation organisations, academic experts in the cybersecurity, and representatives of competent authorities notified under [Directive establishing the European Electronic Communications Code] as well as of law enforcement and data protection supervisory authorities.
Amendment 388 #
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4 a. The Permanent Stakeholders' Group will provide regular updates on its planning throughout the year and set out the objectives in its work programme which shall be published every six months to ensure transparency;
Amendment 402 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
A European cybersecurity certification scheme shall attest that the ICT products, processes and services that have been certified in accordance with such scheme comply with specified requirements as regards their ability to resist at a given level of assurance, actions that aim to compromise the availability, authenticity, integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by, or accessible via, those products, processes, services and systems.ccording to standards as regards their ability to meet security objectives;
Amendment 414 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Following a request from the Commission, ENISA shall prepare a candidate European cybersecurity certification scheme which meets the requirements set out in Articles 45, 46 and 47 of this Regulation. Member States or the European Cybersecurity Certification Group (the 'Group') established under Article 53 or other industry interested stakeholders may propose the preparation of a candidate European cybersecurity certification scheme to the Commission.
Amendment 418 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult all relevant stakeholders and closely cooperate with the Group. The Group shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary. define the security objectives, security requirements and elements of the candidate scheme. All aspects regarding the procedures of the conformity assessment will be defined by the Commission, based on ENISA’s findings. In doing so, ENISA shall cooperate closely with the industry interested stakeholders and consult all relevant stakeholders and closely cooperate with the Group. The Group shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary. Where relevant, ENISA may in addition set up a certification stakeholder working group, composed of members of the Permanent Stakeholders’ Group, industry stakeholders to ensure industry- led approach and any other relevant stakeholders, to provide expert advice on areas covered by a specific candidate scheme;
Amendment 433 #
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. ENISA shall transmit without delay the candidate European cybersecurity certification scheme prepared in accordance with paragraph 2 of this Article to the Commission.
Amendment 437 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. The Commission, based on the candidate scheme proposed by ENISA, may adopt implementing acts, in accordance with Article 55(1), providing for European cybersecurity certification schemes for ICT products, processes and services meeting the requirements of Articles 45, 46 and 47 of this Regulation.
Amendment 469 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. A European cybersecurity certification scheme may specify one or more of the following assurance levels: basic, substantial and/or high, for ICT products andassurance requirements based on the risks and threats determined by the context in which the product, process or services issued under that schem to operate.
Amendment 535 #
Proposal for a regulation
Article 47 – paragraph 1 – point l
Article 47 – paragraph 1 – point l
(l) where applicable, identification of national cybersecurity certification schemes, pursuant to Article 49, or industry-led initiatives covering the same type or categories of ICT products, processes and services;
Amendment 569 #
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. The natural or legal person which submits its ICT products, processes or services to the certification mechanism shall provide the conformity assessment body referred to in Article 51 with all information necessary to conduct the certification procedure.