69 Amendments of Zigmantas BALČYTIS related to 2017/0225(COD)
Amendment 233 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11 a) ‘consumer electronic device’ means a device consisting of hardware and software that process personal data or connect to the Internet for the operation of domotics and home control appliances, office appliances, routing equipment and devices that connect to a network, such as smart TV, toys and gaming consoles, virtual or personal assistants, connected streaming devices, wearables, voice- command and virtual reality systems;
Amendment 236 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16 a) 'functionality information scheme’ means a visual display of data in the form of a label, which aims to provide information to the end user on the functionality, connectivity, sensory, kinetic or security features of a consumer electronic device.
Amendment 244 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Agency shall be a centre of expertise on theoretical and practical cybersecurity by virtue of its independence, the scientific and technical quality of the advice and assistance it delivers and the information it provides, the transparency of its operating procedures and methods of operation, and its diligence in carrying out its tasks.
Amendment 254 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Agency shall increase cybersecurity capabilities at Union level in order to complement the action of Member States in preventing and responding to cyber threats, notably in the event of cross- border incidents, and in order to carry out its task of assisting Union institutions in developing policies related to cybersecurity.
Amendment 262 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Agency shall promote the use of certification, including by contributing to the establishment and maintenance of a cybersecurity certification framework at Union level in accordance with Title III of this Regulation, with a view to increasing transparency of cybersecurity assurance of ICT products and servic, services and processes and thus strengthen trust in the digital internal market.
Amendment 269 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Agency shall promote a high level of cyber hygiene and awareness of citizens and businesses on issues related to the cybersecurity.
Amendment 272 #
Proposal for a regulation
Article 5 – paragraph 1 – point 1
Article 5 – paragraph 1 – point 1
1. assisting and advising, in particular by providing its independent opinion and analysis of relevant activities in cyberspace and supplying preparatory work, on the development and review of Union policy and law in the area of cybersecurity, as well as sector-specific policy and law initiatives where matters related to cybersecurity are involved;
Amendment 276 #
Proposal for a regulation
Article 5 – paragraph 1 – point 2 a (new)
Article 5 – paragraph 1 – point 2 a (new)
2 a. assisting Member States to implement consistently the Union policy and law regarding data protection notably in relation to Regulation (EU) 2016/679, as well as assisting the European Data Protection Board (EDPB) in the development of guidelines related to the implementation of Regulation (EU) 2016/679 for cybersecurity purposes. The EDPB should be required to consult ENISA every time it issues an opinion or adopts a decision concerning the implementation of the GDPR and cybersecurity, in particular on, but not limited to, issues related to privacy impact assessments, data breach notification, security processing, security requirements, and privacy by design.
Amendment 299 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
Upon a request by twoone or more Member States concerned, and with the sole purpose of providing assistance either in the form of advice for the prevention of future incidents , or in the form of assisting in the response to a current large scale incidents, the Agency shall provide support to or carry out an ex-post technical enquiry following notifications by affected undertakings of incidents having a significant or substantial impact pursuant to Directive (EU) 2016/1148. The Agency shall perform the above activities by receiving relevant information from the affected Member States and by utilising its own resources on threat analysis as well as resources on incident response made available from CERT EU for that purpose. The Agency shall also carry out such an enquiry upon a duly justified request from the Commission in agreement with the concerned Member States in case of such incidents affecting more than twoone Member States.
Amendment 304 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. The Agency shall prepare a regular and in-depth EU Cybersecurity Technical Situation Report on incidents and threats based on open source information, its own analysis, and reports shared by, among others: Member States' CSIRTs (on a voluntary basis) or NIS Directive Single Points of Contact (in accordance with NIS Directive Article 14 (5)); European Cybercrime Centre (EC3) at Europol, CERT-EU. The Executive Director shall present the public findings to the European Parliament.
Amendment 307 #
Proposal for a regulation
Article 7 – paragraph 8 – point a
Article 7 – paragraph 8 – point a
(a) analyzing and aggregating reports from national sources with a view to contribute to establishing common situational awareness;
Amendment 308 #
Proposal for a regulation
Article 7 – paragraph 8 – point c
Article 7 – paragraph 8 – point c
(c) supporting the technical handling of an incident or crisis, based on its own independent expertise and resources including facilitating the sharing of technical solutions between Member States;
Amendment 310 #
Proposal for a regulation
Article 7 – paragraph 8 – point e a (new)
Article 7 – paragraph 8 – point e a (new)
(e a) assisting Member States and Union institutions in establishing and developing an EU Cybersecurity Crisis Response Framework integrating the objectives and modalities of cooperation suggested in the [Commission Recommendation on Coordinated Response to Large Scale Cybersecurity Incidents and Crisis from 13.9.2017].
Amendment 313 #
Proposal for a regulation
Article 7 – paragraph 8 – point e b (new)
Article 7 – paragraph 8 – point e b (new)
(e b) assisting Member States and Union Institutions in developing and adopting a common taxonomy and template for situational reports to describe technical causes and impacts of cybersecurity incidents to further enhance their technical and operational cooperation during crisis.
Amendment 316 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Technical capabilities of the Agency For meeting the objectives described in Articles 5, 6 and 7 the Agency shall develop among others the following technical capabilities and skills: 1. The ability to analyse threat information data at large scale 2. The ability to conduct forensic analysis on devices and terminal equipment 3. The ability to analyse malware, indicators of compromise and other information related to a cybersecurity threat or incident 4. The ability to collect information on cybersecurity threats from open source as well as commercial sources 5. The ability to deploy technical equipment, tools and expertise remotely and on-site at the request of a Member State in case of Article 7 paragraph 5 and paragraph 8 To meet the technical capabilities described in this Article the Agency shall ensure that its recruitment processes reflect the diverse technical skills required. To meet the technical capabilities described in this Article and develop the relevant skills, the Agency shall cooperate with CERT EU and Europol in accordance to Article 7 paragraph 2.
Amendment 318 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – introductory part
Article 8 – paragraph 1 – point a – introductory part
(a) support and promote the development and implementation of the Union policy on cybersecurity certification of ICT products and servic, services and processes, as established in Title III of this Regulation, by:
Amendment 325 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point 1
Article 8 – paragraph 1 – point a – point 1
(1) preparing candidate European cybersecurity certification schemes for ICT products and servic, services and processes in accordance with Article 44 of this Regulation;
Amendment 334 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point 3
Article 8 – paragraph 1 – point a – point 3
(3) compiling and publishing guidelines and developing good practices and cyber hygiene principles concerning the cybersecurity requirements of ICT products and, services, and processes in cooperation with national certification supervisory authorities and the industry;
Amendment 357 #
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 education, training and skills development, cyber hygiene and awareness.
Amendment 370 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The term of office of members of the Management Board and of their alternates shall be fourive years. That term shall be renewable.
Amendment 371 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Management Board shall elect by a majority of two-thirds of members its Chairperson and a Deputy Chairperson from among its members for a period of fourive years, which shall be renewable once. If, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date. The Deputy Chairperson shall ex officio replace the Chairperson if the latter is unable to attend to his or her duties.
Amendment 374 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Executive Board shall be composed of five members appointed from among the members of the Management Board amongst whom the Chairperson of the Management Board, who mayshall not also chair the Executive Board, and one of the representatives of the Commission. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.
Amendment 375 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The term of office of the members of the Executive Board shall be fourive years. That term shall be renewable.
Amendment 376 #
Proposal for a regulation
Article 19 – paragraph 5 a (new)
Article 19 – paragraph 5 a (new)
5 a. The Executive Director shall be required to provide the relevant European Parliament Committees twice a year with a report on the state of cybersecurity in Europe. The Executive Director should also be invited by the Parliament to provide ENISA’s input on any EU legislative instrument imposing cybersecurity obligations.
Amendment 377 #
Proposal for a regulation
Article 19 – paragraph 5 b (new)
Article 19 – paragraph 5 b (new)
5 b. The Executive Director shall also be entitled to act as an institutional special adviser on cybersecurity policy to the President of the European Commission, with a mandate defined in Commission Decision C(2014) 541 of 06 February 2014.
Amendment 389 #
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Stakeholder Certification Group 1. The Executive Director shall set up a Stakeholder Certification Group, composed of recognised experts representing consumer groups, academics, standardisation bodies, operators of essential services as defined in Annex II of Directive (EU) 2016/1148 and the ICT industry, including SMEs. 2. Procedures for the Stakeholder Certification Group, in particular regarding the number, composition, and the appointment of its members by the Executive Director and the operation of the Group, shall be specified in the Agency’s internal rules of operation and shall be made public. 3. The term of office of the Stakeholder Certification Group members shall be two-and-a-half years. Their mandate shall be renewable. Members of the Management Board may not be members of the Stakeholder Certification Group. Members of the Permanent Stakeholder Group can be also Members of the Stakeholder Certification Group. Experts from the Commission and the Member States shall be entitled, upon invitation, to be present at the meetings of the Stakeholder Certification Group. Representatives of other bodies deemed relevantly the Executive Director, who are not members of the Stakeholder Certification Group, may be invited to attend the meetings of the Stakeholder Certification Group and to participate in its work. 4. The Stakeholder Certification Group shall advise the Agency in respect of the performance of its activities with regards Title III of the present Regulation. It shall in particular be entitled to propose to ENISA, to the Member States and to the Commission the preparation of a candidate European cybersecurity certification scheme, as conferred to in Article 44 of the present Regulation, as well as to participate in the procedures described in Articles 43 to 48 and Article 53 of the Present Regulation for the approval of such schemes. 5. For the purpose of ensuring that the Stakeholder Certification Group possesses the necessary expertise, the Executive Director or the members of the Stakeholder Certification Group shall nominate ad-hoc members for the proposal, development or adoption of any new candidate scheme. These ad-hoc members shall have the same rights and obligations as the appointed members, and shall be entitled to provide their expertise at any stage of the development and/ or the approval of the respective candidate scheme. An ad-hoc member may contribute to the work of the Stakeholder Certification Group for more than one candidate scheme.
Amendment 408 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
A European cybersecurity certification scheme shall attest that the ICT products and servic, services and processes 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.
Amendment 412 #
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 may, shall propose the preparation of a candidate scheme that falls under the scope of Article 45 (1) (c), while the Stakeholder Certification Group, established under Article [20b], shall propose the preparation of a candidate European cybersecurity certification scheme tohat falls under the scope of Article 45 (1) (a) or (b), to ENISA and the Commission.
Amendment 428 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. WhenBefore 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 necessarythe Commission shall conduct an open public consultation for all relevant stakeholders. In preparing the consultation the Commission shall closely cooperate with the European Cybersecurity Certification Group, ENISA and the Stakeholder Certification Group.
Amendment 429 #
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. The European Cybersecurity Certification Group and the Stakeholder Certification Group shall provide the assistance and expert advice required by ENISA in relation to the preparation of the candidate European cybersecurity scheme, including by providing opinions where necessary.
Amendment 430 #
Proposal for a regulation
Article 44 – paragraph 2 b (new)
Article 44 – paragraph 2 b (new)
2b. Apart of in relation to the proposal of a scheme that falls under the scope of Article 45 (1) (a) and (b), the Stakeholder Certification Group shall be consulted by the Commission and asked for approval before the final adoption of a European cybersecurity certification scheme. The same shall apply for the proposal of a scheme that falls under the scope of Article 45 (1) (c) vis-à-vis the European Cybersecurity Certification Group.
Amendment 431 #
Proposal for a regulation
Article 44 – paragraph 2 c (new)
Article 44 – paragraph 2 c (new)
2c. When preparing a candidate scheme, ENISA, with the advice of the European Cybersecurity Certification Group and the Stakeholder Certification Group for their respective candidate schemes, shall define a timeline by when the specific candidate scheme shall become effective. Failure to meet this deadline shall result in the candidate scheme being considered void and revoked.
Amendment 438 #
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 implementingdelegated acts, in accordance with Article 55(1), providing for European cybersecurity certification schemes for ICT products and servic, services and processes meeting the requirements of Articles 45, 46 and 47 of this Regulation.
Amendment 447 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
A European cybersecurity certification scheme shall be so designed to take into account, as applicable, the following security objectivobjectives linked to the following categories:
Amendment 448 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) protect data stored, transmitted or otherwise processed against accidental or unauthorised storage, processing, access or disclosure;For products corresponding to assurance level basic or the self- declaratory level of certification, consumer electronic devices as defined in Article 2 [(11) a (new)]. The European cybersecurity certification schemes for this category shall support the adoption and commercialisation of international standards from and to the Single Market.
Amendment 449 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
(b) protect data stored, transmitFor products corresponding to assurance level substantial, ICT products, services and processes performing an industrial control systedm or otherwise processed against accidused in robotics and autonomous vehicles, or software and hardware terminal equipment used for the provision of essential or unauthorised destruction, accidental losservices for operators as defined in Directive (EU)2016/1148. The European cybersecurity certification schemes for althis category shall be based on internation;al standards.
Amendment 450 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
(c) ensure that authorised persons, programmes or machinFor products corresponding to level of certification high, ICT products, services can access exclusively the data, services or functions to which their access rights refer;d processes used by public administration of a Member State. The European cybersecurity certification schemes for this category shall be based on international standards, existing national or multilateral standards in use by Member States.
Amendment 452 #
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
Amendment 454 #
Proposal for a regulation
Article 45 – paragraph 1 – point e
Article 45 – paragraph 1 – point e
Amendment 455 #
Proposal for a regulation
Article 45 – paragraph 1 – point f
Article 45 – paragraph 1 – point f
Amendment 456 #
Proposal for a regulation
Article 45 – paragraph 1 – point g
Article 45 – paragraph 1 – point g
Amendment 471 #
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 and servic, services and processes issued under that scheme.
Amendment 487 #
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) assurance level basic shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a limited degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or ser consumer electronic device, and is characterised with reference to technical specifications, existing international standards and procedures related thereto, including technical controls, the purpose of which is to decrease the risk of cybersecurity incidents;
Amendment 496 #
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) assurance level substantial shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a substantial degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or, service or process, and is characterised with reference to technical specifications, existing international standards and procedures related thereto, including technical controls, the purpose of which is to decrease substantially the risk of cybersecurity incidents;
Amendment 507 #
Proposal for a regulation
Article 46 – paragraph 2 – point c
Article 46 – paragraph 2 – point c
(c) assurance level high shall refer to a certificate issued in the context of a European cybersecurity certification scheme that is based on a national or multilateral standard in use, which provides a higher degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service than certificates with the assurance level substantial, and is characterised with reference to technical specifications, national and multilateral existing international standards and procedures related thereto, including technical controls, the purpose of which is to prevent cybersecurity incidents.
Amendment 512 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46a According to the analysis of the specific risk, the appropriate conformity assessment method, including self- assessment, shall be identified as laid down in Article 4 and Annex II of Decision No 768/2008/EC.
Amendment 514 #
Proposal for a regulation
Article 46 b (new)
Article 46 b (new)
Article 46b Without prejudice to paragraphs 1 and 2, ENISA may replace the requirements for the basic assurance level by introducing a functionality information scheme instead, as defined in Article 2. The criteria for such functionality information scheme shall be defined in advance with the participation of the Stakeholder Certification Group.
Amendment 528 #
Proposal for a regulation
Article 47 – paragraph 1 – point f
Article 47 – paragraph 1 – point f
(f) where the scheme provides for marks or labels, the conditions under which such marks or labeltechnical feature information schemes, the conditions under which such technical feature information schemes may be used;
Amendment 530 #
Proposal for a regulation
Article 47 – paragraph 1 – point g a (new)
Article 47 – paragraph 1 – point g a (new)
(ga) conditions for granting, maintaining, continuing, extending and reducing the scope of certification;
Amendment 541 #
Proposal for a regulation
Article 47 – paragraph 1 – point m a (new)
Article 47 – paragraph 1 – point m a (new)
(ma) types of conformity assessment, evaluation criteria and methods pursuant to Article 4 and Annex II of Decision 768/2008/EC.
Amendment 543 #
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
1a. For their relevant schemes, the Stakeholder Certification Group or the European Cybersecurity Certification Group must approve, following a duly motivated request from ENISA, any proposed addition to, deviation from, or non-reliance on, international or Union standards referred to in paragraph 1(b), at least two weeks prior to the candidate scheme’s transmission to the Commission pursuant to Article 44(3)
Amendment 547 #
Proposal for a regulation
Article 47 a (new)
Article 47 a (new)
Article 47a Schemes created pursuant to this Regulation shall not require notification of changes, amendments of certifications, or re-certification, unless such changes have a substantial adverse effect on the security of ICT products, services and processes as well as consumer electronic devices.
Amendment 548 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. ICT products and servic, services and processes that have been certified under a European cybersecurity certification scheme adopted pursuant to Article 44 shall be presumed to be compliant with the requirements of such scheme.
Amendment 551 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The certification shall be voluntary, unless otherwise specified in Union law for ICT products, services and processes that fall under the scope of Article 45 (1) (a) and Article 45 (1) (b), unless otherwise specified in Union law, and mandatory for the ICT products, services and processes that fall under the scope of Article 45 (1) (c), unless otherwise specified in Union law or by the European Cybersecurity Certification Group.
Amendment 567 #
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. The natural or legal person which submits its ICT products or, services or processes to the certification mechanism shall provide the conformity assessment body referred to in Article 51 with all information necessary to conduct the certification procedure. The submission can be made with any conformity assessment body referred to in Article 51.
Amendment 570 #
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
6. Certificates shall be issued for a maxinimum period of three years and may. They may then be renewed, under the same conditions, provided that the relevant requirements continue to be met. extended without cost for further periods, upon attestation by the certificate-holder that the relevant requirements continue to be met. Such attestation must be provided no sooner than six months and no later than 15 days before the expiry of the relevant period. Extensions of the certificates shall be allowed for the duration of the entire lifespan of the certified product.
Amendment 574 #
Proposal for a regulation
Article 48 – paragraph 7
Article 48 – paragraph 7
7. A European cybersecurity certificate issued pursuant to this Article shall be recognised in all Member States. as satisfying local cybersecurity requirements relating to ICT products and processes and consumer electronic devices covered by that certificate, taking into account the specified assurance level referred to in Article 46, and there shall be no discrimination between such certificates based either on the Member State of origin or the issuing conformity assessment body referred to in Article 51.
Amendment 576 #
Proposal for a regulation
Article 48 – paragraph 7 a (new)
Article 48 – paragraph 7 a (new)
7a. An application for certification must be completed by 12 months from its date of submission, failing to which the conformity assessment body will lose its accreditation.
Amendment 578 #
Proposal for a regulation
Article 48 a (new)
Article 48 a (new)
Article 48a Compatibility with international mutual recognition schemes 1. In the preparatory phase of a candidate European cybersecurity certification scheme, ENISA and, as appropriate, the Stakeholder Certification Group or the European Cybersecurity Certification Group, shall evaluate the relevance of existing international mutual recognition agreements and certifications. 2. This shall include an evaluation of whether any national cybersecurity certification schemes covered by the candidate scheme are subject to an international mutual recognition agreement. 3. Where relevant international mutual recognition agreements and certifications are determined to exist, ENISA shall aim to ensure compatibility by: (a) predicating the certification on the same standards; (b) aligning the scope, security objectives, evaluation methodology and assurance levels; (c) opening a dialogue with the equivalent governance body for objective of points (a) and (b).
Amendment 581 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Without prejudice to paragraph 3, national cybersecurity certification schemes and the related procedures for the ICT products and servic, services and processes covered by a European cybersecurity certification scheme shall cease to produce effects from the date established in the implementingdelegated act adopted pursuant Article 44(4). Existing national cybersecurity certification schemes and the related procedures for the ICT products and services not covered by a European cybersecurity certification scheme shall continue to exist.
Amendment 582 #
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1a. Without prejudice to paragraph 3, references in applicable laws, rules, regulations or guidance to a national cybersecurity certification scheme that has ceased to produce legal effects pursuant to paragraph 1, shall be deemed to refer instead to the covering European cybersecurity certification scheme (mutatis mutandis).
Amendment 584 #
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Article 49a Upon request by any natural or legal person ENISA shall determine whether, for the purposes of this Article, a specified national cybersecurity scheme is covered by a European cybersecurity scheme, ENISA shall reach its decision and render it public within four weeks of its receipt of the request.
Amendment 601 #
Proposal for a regulation
Article 50 – paragraph 8
Article 50 – paragraph 8
8. National certification supervisory authorities shall cooperate amongst each other and the Commission and, in particular, exchange information, experiences and good practices as regards cybersecurity certification and technical issues concerning cybersecurity of ICT products and servic, services and processes.
Amendment 607 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Accreditation shall be issued for a maximum of fiveten years and may be renewed on the same conditions provided that the conformity assessment body meets the requirements set out in this Article. Accreditation bodies shall revoke an accreditation of a conformity assessment body pursuant to paragraph 1 of this Article where the conditions for the accreditation are not, or are no longer, met or where actions taken by a conformity assessment body infringe this Regulation.
Amendment 608 #
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. The Commission may, by means of implementingdelegated acts, define the circumstances, formats and procedures of notifications referred to in paragraph 1 of this Article. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 55(2).
Amendment 609 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Group shall be composed of national certification supervisory authorities. The authorities shall be represented by the heads or by other high level representatives of national certification supervisory authorities. Upon invitation, members of the Stakeholder Certification Group shall be entitled to be present at the meetings of the European Cybersecurity Certification Group and to participate in its work.
Amendment 616 #
Proposal for a regulation
Article 53 – paragraph 3 a (new)
Article 53 – paragraph 3 a (new)
3a. to take into account the results of stakeholder consultation conducted in preparation of a candidate scheme, in accordance of Article 44 of this Regulation;
Amendment 620 #
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)
Article 54a Right to an effective judicial redress against a supervisory authority 1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial redress: (a) against a decision of a conformity assessment body or national certification supervisory authority concerning them, including in relation to the recognition of a European cybersecurity certificate which such person or entity holds; and (b) where a national certification supervisory authority does not handle a complaint for which it is competent. 2. Proceedings against a conformity assessment body or national certification supervisory authority shall be brought before the courts of the Member State where the conformity assessment body or national certification supervisory authority is established.
Amendment 622 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The evaluation shall also assess the impact, effectiveness and efficiency of the provisions of Title III with regard to the objectives of ensuring an adequate level of cybersecurity of ICT products and servic, services and processes in the Union and improving the functioning of the internal market. The Commission shall assess, five years after the adoption of the Regulation, a potential extension of the scope of Title III.