2023/0109(COD) Measures to strengthen solidarity and capacities in the Union to detect, prepare for and respond to cybersecurity threats and incidents
Lead committee dossier:
Progress: Awaiting committee decision
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ITRE |
GÁLVEZ MUÑOZ Lina ( S&D)
|
NIEBLER Angelika ( EPP),
GROOTHUIS Bart ( Renew),
NIINISTÖ Ville ( Verts/ALE)
|
| Committee Opinion | AFET |
TUDORACHE Dragoş ( Renew)
|
Željana ZOVKO ( PPE),
Markéta GREGOROVÁ ( Verts/ALE),
Attila ARA-KOVÁCS ( S&D)
|
| Committee Opinion | BUDG | ||
| Committee Opinion | CONT | ||
| Committee Opinion | IMCO | ||
| Committee Opinion | TRAN |
FALCĂ Gheorghe ( EPP)
|
Nicola DANTI ( RE),
Kosma ZŁOTOWSKI ( ECR),
Josianne CUTAJAR ( S&D),
Anne-Sophie PELLETIER ( GUE/NGL)
|
| Committee Opinion | LIBE |
Lead committee dossier:
Legal Basis:
TFEU 173-p3, TFEU 322-p1
Legal Basis:
TFEU 173-p3, TFEU 322-p1Subjects
Events
2023/10/27
EP - Committee opinion
Documents
2023/10/25
EP - Committee opinion
Documents
2023/09/22
EP - Amendments tabled in committee
Documents
2023/09/18
PT_PARLIAMENT - Contribution
Documents
2023/09/04
EP - Committee draft report
Documents
2023/08/01
CZ_SENATE - Contribution
Documents
2023/07/13
ESC - Economic and Social Committee: opinion, report
Documents
2023/07/07
EP - FALCĂ Gheorghe (EPP) appointed as rapporteur in TRAN
2023/06/29
CZ_CHAMBER - Contribution
Documents
2023/06/16
EP - TUDORACHE Dragoş (Renew) appointed as rapporteur in AFET
2023/06/01
EP - Committee referral announced in Parliament, 1st reading
2023/05/02
EP - GÁLVEZ MUÑOZ Lina (S&D) appointed as rapporteur in ITRE
2023/04/18
EC - Legislative proposal published
Details
PURPOSE: to lay down measures to strengthen solidarity and capacities in the Union to detect, prepare for and respond to cybersecurity threats and incidents (EU Cyber solidarity act).
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the magnitude, frequency and impact of cybersecurity incidents are increasing, including supply chain attacks aiming at cyberespionage, ransomware or disruption. They represent a major threat to the functioning of network and information systems. In view of the fast-evolving threat landscape, the threat of possible large-scale incidents causing significant disruption or damage to critical infrastructures demands heightened preparedness at all levels of the Union’s cybersecurity framework. That threat goes beyond Russia’s military aggression on Ukraine and is likely to persist given the multiplicity of state-aligned, criminal and hacktivist actors involved in current geopolitical tensions.
CONTENT: with this proposal, the Commission aims to set up Cyber Solidarity Act which establishes EU capabilities to make Europe more resilient and reactive in front of cyber threats, while strengthening existing cooperation mechanism. It will contribute to ensuring a safe and secure digital landscape for citizens and businesses and to protecting critical entities and essential services, such as hospitals and public utilities.
This Regulation lays down measures to strengthen capacities in the Union to detect, prepare for and respond to cybersecurity threats and incidents, in particular through the following actions:
European Cyber Shield
An interconnected pan-European infrastructure of Security Operations Centres (European Cyber Shield) will be established to develop advanced capabilities for the Union to detect, analyse and process data on cyber threats and incidents in the Union. It will be composed of Security Operations Centres (SOCs) across the EU, brought together in several multi-country SOC platforms, built with support from the Digital Europe Programme (DEP) to supplement national funding. The Cyber Shield will be tasked with improving the detection, analysis and response to cyber threats. These SOCs will use advanced technology such as Artificial Intelligence (AI) and data analytics to detect and share warnings on such threats with authorities across borders. They will allow for a more timely and efficient response to major threats.
Cyber Emergency Mechanism
The Cyber Emergency Mechanism will improve the Union’s resilience to major cybersecurity threats and prepare for and mitigate, in a spirit of solidarity, the short-term impact of significant and large-scale cybersecurity incidents. It provides for actions to support preparedness, including coordinated testing of entities operating in highly critical sectors, response to and immediate recovery from significant or large-scale cybersecurity incidents or mitigate significant cyber threats and mutual assistance actions.
Also set to be created is an EU Cybersecurity Reserve made up of trusted and certified private companies ready to respond to major incidents.
European Cybersecurity Incident Review Mechanism
The proposed Regulation would also establish the Cybersecurity Incident Review Mechanism to assess and review specific cybersecurity incidents. At the request of the Commission or of national authorities (the EU-CyCLONe or the CSIRTs network), the EU Cybersecurity Agency (ENISA) will be responsible for the review of specific significant or large-scale cybersecurity incident and should deliver a report that includes lessons learned, and where appropriate, recommendations to improve Union’s cyber response.
Budgetary implications
The EU Cybersecurity Shield and the Cybersecurity Emergency Mechanism of this Regulation will be supported by funding under Strategic Objective ‘Cybersecurity’ of Digital Europe Programme (DEP).
The total budget includes an increase of EUR 100 million that this Regulation proposes to re-allocate from other Strategic Objectives of DEP. This will bring the new total amount available for Cybersecurity actions under DEP to EUR 842.8 million. Part of the additional EUR 100 million will reinforce the budget managed by the ECCC to implement actions on SOCs and preparedness as part of their Work Programme(s). Moreover, the additional funding will serve to support the establishment of the EU Cybersecurity Reserve.
It complements the budget already foreseen for similar actions in the main DEP and Cybersecurity DEP WP from the period 2023-2027 which could bring the total to 551 million for 2023-2027, while 115 million were dedicated already in the form of pilots for 2021-2022. Including Member States contributions, the overall budget could amount up to EUR 1.109 billion.
Documents
Documents
- Committee opinion: PE750.145
- Committee opinion: PE752.607
- Amendments tabled in committee: PE753.628
- Contribution: COM(2023)0209
- Committee draft report: PE752.795
- Contribution: COM(2023)0209
- Economic and Social Committee: opinion, report: CES2408/2023
- Contribution: COM(2023)0209
- Legislative proposal published: COM(2023)0209
- Legislative proposal published: EUR-Lex
- Economic and Social Committee: opinion, report: CES2408/2023
- Committee draft report: PE752.795
- Amendments tabled in committee: PE753.628
- Committee opinion: PE752.607
- Committee opinion: PE750.145
- Contribution: COM(2023)0209
- Contribution: COM(2023)0209
- Contribution: COM(2023)0209
| Amendments | Dossier |
| 171 |
2023/0109(COD)
2023/09/22
ITRE
171 amendments...
Amendment 100 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 (11) ‘trusted managed security service providers’ means managed security service providers as defined in Article 6, point (40), of Directive (EU) 2022/2555 selected to be included in the EU Cybersecurity Reserve in accordance with Article 16 of this Regulation.
Amendment 101 #
Proposal for a regulation Article 3 – paragraph 1 – subparagraph 1 An interconnected pan-European infrastructure of Security Operations Centres (‘European Cyber Shield’) shall be established to develop advanced capabilities for the Union to detect, analyse and process data on cyber threats and prevent incidents in the Union. It shall consist of all National Security Operations Centres (‘National SOCs’) and Cross- border Security Operations Centres (‘Cross-border SOCs’).
Amendment 102 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 – point a (a) pool and share data on cyber threats and incidents from various sources through voluntary sharing of information from cross-border SOCs;
Amendment 103 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 – point a (a) pool and share data on cyber threats and incidents from various sources through cross-border SOCs both at national and EU level;
Amendment 104 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 – point c (c) contribute to better protection and response to cyber threats, including by providing concrete recommendations to entities;
Amendment 105 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 – point d (d) contribute to faster detection of cyber threats and situational awareness across the Union, including by gathering pro-active intelligence;
Amendment 106 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 – point e (e) provide services and activities for the cybersecurity community in the Union, including contributing to the development of advanced artificial intelligence and data analytics tools.
Amendment 107 #
Proposal for a regulation Article 4 – title Amendment 108 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 1 In order to
Amendment 109 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 1 a (new) Private and public organisations or national authorities, particularly entities operating in critical or highly critical sectors, shall be encouraged to establish and operate their autonomous or shared SOCs.
Amendment 110 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 It shall have the capacity to act as a reference point and gateway to other public
Amendment 111 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 It shall have the capacity to act as a reference point and gateway
Amendment 112 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 It shall have the capacity to act as a reference point and gateway to other public and private organisations at national level, particularly their SOCs, for collecting and analysing information on cybersecurity threats and incidents and contributing to a Cross-border SOC. It shall be equipped with state-of-the-art technologies capable of detecting, aggregating, and analysing data relevant to cybersecurity threats and incidents.
Amendment 113 #
Proposal for a regulation Article 4 – paragraph 2 Amendment 114 #
Proposal for a regulation Article 4 – paragraph 2 2. Following a call for expression of interest, National SOCs
Amendment 115 #
Amendment 116 #
Proposal for a regulation Article 5 – title Amendment 117 #
Proposal for a regulation Article 5 – paragraph 1 Amendment 118 #
Proposal for a regulation Article 5 – paragraph 2 2. Following a call for expression of interest, a
Amendment 119 #
Proposal for a regulation Article 5 – paragraph 2 2. Following a call for expression of interest, a Hosting Consortium
Amendment 120 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2a. Procurement from and participation of a private entity that is established in a like-minded third country should be allowed if it does not contravene the security and defence interests of the Union and the Member States as established in the framework of the common foreign and security policy pursuant to Title V of the TEU, or the objectives set out in this Regulation. Those private entities should not be controlled by a non-associated third country or they shall have been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council.
Amendment 121 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 122 #
Proposal for a regulation Article 5 – paragraph 4 Amendment 123 #
Proposal for a regulation Article 6 – title Amendment 124 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. Members of a Hosting Consortium
Amendment 125 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1.
Amendment 126 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a)
Amendment 127 #
Proposal for a regulation Article 6 – paragraph 2 – introductory part 2. The
Amendment 128 #
Proposal for a regulation Article 6 – paragraph 2 – point a (a) a commitment to
Amendment 129 #
Proposal for a regulation Article 6 – paragraph 2 – point a (a) a commitment to share
Amendment 130 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 131 #
Proposal for a regulation Article 6 – paragraph 3 3. To encourage exchange of information
Amendment 132 #
Proposal for a regulation Article 6 – paragraph 3 3. To encourage exchange of information between Cross-border SOCs, Cross-border SOCs shall ensure a high
Amendment 133 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 134 #
Proposal for a regulation Article 6 – paragraph 4 4. Cross-border SOCs shall conclude cooperation agreements with one another, specifying information sharing principles among the cross-border platforms, taking into consideration already existing relevant information sharing mechanisms under the Directive (EU) 2022/2555. In the context of a potential or ongoing large-scale cybersecurity incident, information sharing mechanisms shall comply with the relevant provisions under the Directive (EU) 2022/2555.
Amendment 135 #
Proposal for a regulation Article 6 – paragraph 4 4. Cross-border SOCs shall conclude cooperation agreements with one another and with industry ISACs, specifying information sharing and interoperability principles among the cross-border platforms.
Amendment 136 #
Proposal for a regulation Article 7 – title Cooperation and information sharing with
Amendment 137 #
1. Where the Cross-border SOCs obtain information relating to a potential or ongoing large-scale cybersecurity incident
Amendment 138 #
Proposal for a regulation Article 7 – paragraph 1 1. Where the Cross-border SOCs obtain information relating to a potential or ongoing large-scale cybersecurity incident, they shall provide relevant information to EU=CyCLONe, the CSIRTs network and the Commission
Amendment 139 #
Proposal for a regulation Article 7 – paragraph 1 1. Where the C
Amendment 140 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 141 #
Proposal for a regulation Article 7 – paragraph 2 2. The Commission may, after consulting the cross-border platforms and the CSIRT network, by means of implementing acts, determine the procedural arrangements for the information sharing provided for in paragraphs 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2) of this Regulation and in accordance with Directive (EU) 2022/2555.
Amendment 142 #
Proposal for a regulation Article 7 – paragraph 2 2. The Commission may, after consulting ENISA, by means of implementing acts, determine the procedural arrangements for the information sharing provided for in paragraphs 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2) of this Regulation.
Amendment 143 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States participating in the European Cyber Shield shall ensure a high level of confidentiality, data security and physical security of the European Cyber Shield infrastructure, and shall ensure that the infrastructure shall be adequately managed and controlled in such a way as to protect it from threats and to ensure its security and that of the systems, including that of data exchanged through the infrastructure.
Amendment 144 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 145 #
Proposal for a regulation Article 8 – paragraph 3 3. The Commission may adopt implementing acts laying down technical requirements for Member States to comply with their obligation under paragraph 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2) of this Regulation and with Directive (EU) 2022/2555 and 2022/2557. In doing so, the Commission, supported by the High Representative, shall take into account relevant defence-level security standards, in order to facilitate cooperation with military actors.
Amendment 146 #
Proposal for a regulation Article 8 – paragraph 3 3. The Commission may adopt implementing acts, after consulting ENISA, laying down technical requirements for Member States to comply with their obligation under paragraph 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2) of this Regulation. In doing so, the Commission, supported by the High Representative, shall take into account relevant defence-level security standards, in order to facilitate cooperation with military actors.
Amendment 147 #
Proposal for a regulation Article 9 – paragraph 1 1. A Cyber Emergency Mechanism is established to improve the Union’s resilience to major cybersecurity threats and prepare for and mitigate, in a spirit of solidarity, the short-term impact of significant and large-scale cybersecurity incidents (the ‘Mechanism’), at the explicit request of the Member State(s) concerned.
Amendment 148 #
Proposal for a regulation Article 9 – paragraph 1 1. A Cyber Emergency Mechanism is established to improve the Union’s resilience to
Amendment 149 #
Proposal for a regulation Article 10 – paragraph 1 – point b (b) response actions, supporting
Amendment 150 #
Proposal for a regulation Article 10 – paragraph 1 – point b (b) response actions, supporting response to and immediate recovery from significant and large-scale cybersecurity incidents, to be provided by trusted managed security service providers participating in the EU Cybersecurity Reserve established under Article 12;
Amendment 151 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. Following the triggering of the cyber emergency mechanism, the Commission shall report each year the assessment of both positive and negative working of the mechanism, including whether further cooperation or training requirements are needed.
Amendment 152 #
Proposal for a regulation Article 11 – paragraph 1 1. For the purpose of supporting the coordinated preparedness testing of entities referred to in Article 10(1), point (a), across the Union, the Commission, after consulting the NIS Cooperation Group and ENISA, shall identify the sectors, or sub- sectors, concerned, from the Sectors of High Criticality listed in Annex I to Directive (EU) 2022/2555 from which entities may be subject to the voluntary coordinated preparedness testing, taking into account existing and planned coordinated risk assessments and resilience testing at Union level.
Amendment 153 #
Proposal for a regulation Article 11 – paragraph 2 2. The NIS Cooperation Group in cooperation with the Commission, ENISA, and the High Representative, shall develop common risk scenarios and methodologies for the coordinated
Amendment 154 #
Proposal for a regulation Article 11 – paragraph 2 2. The NIS Cooperation Group in cooperation with the Commission, ENISA,
Amendment 155 #
Proposal for a regulation Article 12 – paragraph 1 1. An EU Cybersecurity Reserve shall be established, in order to assist users referred to in paragraph 3, in responding or providing support for responding to significant or large-scale cybersecurity incidents, and immediate recovery from such incidents, at the explicit request of the Member State(s) concerned and without prejudice to the specific character of the security and defence policy of certain Member States.
Amendment 156 #
Proposal for a regulation Article 12 – paragraph 2 2. The EU Cybersecurity Reserve shall consist of incident response services from trusted providers selected in accordance with the criteria laid down in Article 16. The Reserve shall include pre- committed services. The services shall be deployable in all Member States, shall reinforce the Union’s resilience and sovereignty, and improve the Union’s competitiveness. The names of the selected trusted providers and their services shall be kept confidential.
Amendment 157 #
Proposal for a regulation Article 12 – paragraph 2 2. The EU Cybersecurity Reserve shall consist of incident response services from trusted providers selected in accordance with the criteria laid down in Article 16. The Reserve shall include pre- committed services. The services shall be deployable in all Member States. The EU Cybersecurity Reserve does not limit the need to allow countries to monitor and assess their own needs.
Amendment 158 #
2. The EU Cybersecurity Reserve shall consist of incident response services from trusted managed security service providers selected in accordance with the criteria laid down in Article 16. The Reserve shall include pre-
Amendment 159 #
Proposal for a regulation Article 12 – paragraph 3 – point b (b)
Amendment 160 #
Proposal for a regulation Article 12 – paragraph 4 4. Users referred to in paragraph 3, point (a),
Amendment 161 #
Proposal for a regulation Article 12 – paragraph 5 5. The Commission shall have overall responsibility for the implementation of the EU Cybersecurity Reserve. The Commission shall determine the priorities and evolution of the EU Cybersecurity Reserve
Amendment 162 #
Proposal for a regulation Article 12 – paragraph 5 5. The Commission shall have overall responsibility for the implementation of the EU Cybersecurity Reserve. The Commission in cooperation with ENISA shall determine the priorities and evolution of the EU Cybersecurity Reserve, in line with the requirements of the users referred to in paragraph 3, and shall supervise its implementation, and ensure complementarity, consistency, synergies and links with other support actions under this Regulation as well as other Union actions and programmes.
Amendment 163 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 164 #
Proposal for a regulation Article 12 – paragraph 6 6. The Commission
Amendment 165 #
Proposal for a regulation Article 12 – paragraph 7 7. In order to support the Commission
Amendment 166 #
Proposal for a regulation Article 12 – paragraph 7 7. In order to support the Commission in establishing the EU Cybersecurity Reserve, ENISA shall prepare a mapping of the services needed, after consulting Member States and the Commission. ENISA shall prepare a similar mapping, after consulting the Commission, to identify the needs of third countries eligible for support from the EU Cybersecurity Reserve pursuant to Article 17. The Commission, where relevant, shall consult the High Representative. Representative and inform the Council about the needs of third countries.
Amendment 167 #
7. In order to support the Commission in establishing the EU Cybersecurity Reserve, ENISA shall prepare a mapping of the services needed, after consulting Member States
Amendment 168 #
Proposal for a regulation Article 12 – paragraph 8 8. The Commission may
Amendment 169 #
Proposal for a regulation Article 13 – paragraph 5 – point a (a)
Amendment 170 #
Proposal for a regulation Article 13 – paragraph 5 – point b (b)
Amendment 171 #
Proposal for a regulation Article 13 – paragraph 5 – point c (c) information about other forms of support available to the affected entity
Amendment 172 #
Proposal for a regulation Article 13 – paragraph 7 Amendment 173 #
Proposal for a regulation Article 13 – paragraph 7 7. The Commission may
Amendment 174 #
Proposal for a regulation Article 14 – paragraph 1 1. Requests for support from the EU Cybersecurity Reserve, shall be assessed by the Commission, with the support of ENISA
Amendment 175 #
Proposal for a regulation Article 14 – paragraph 2 – point d (d) the scale and potential cross-border nature of the incident and the risk of spill over to other Member States or users;
Amendment 176 #
Proposal for a regulation Article 14 – paragraph 3 3. The EU Cybersecurity Reserve services shall be provided in accordance with specific agreements between the service provider and the user to which the support under the EU Cybersecurity Reserve is provided. Those agreements shall include liability conditions and any other provisions the parties to the agreement deem necessary for the provision of the respective service.
Amendment 177 #
Proposal for a regulation Article 14 – paragraph 3 3. The EU Cybersecurity Reserve services shall be provided upon approval of the user and in accordance with specific agreements between the service provider and the user to which the support under the EU Cybersecurity Reserve is provided. Those agreements shall include liability conditions.
Amendment 178 #
Proposal for a regulation Article 14 – paragraph 4 4. The agreements referred to in paragraph 3
Amendment 179 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 180 #
Proposal for a regulation Article 14 – paragraph 5 5. The Commission and ENISA shall bear no contractual liability for damages caused to third parties by the services provided in the framework of the implementation of the EU Cybersecurity Reserve, except in cases of negligence in the evaluation of the application of the service provider, or in cases where the Commission or ENISA are users and are found responsible for damages.
Amendment 181 #
Proposal for a regulation Article 14 – paragraph 5 5. The Commission and ENISA shall bear no contractual liability for damages caused to third parties by the services provided in the framework of the implementation of the EU Cybersecurity
Amendment 182 #
Proposal for a regulation Article 14 – paragraph 6 6. Within one month from the end of the support action, the users shall provide Commission and ENISA with a summary report about the service provided, results achieved and the lessons learned. When the user is from a third country as set out in Article 17, such report shall be shared with the High Representative. The report shall respect Union or national law concerning the protection of sensitive or classified information.
Amendment 183 #
Proposal for a regulation Article 14 – paragraph 6 6. Within one month from the end of the support action, the users shall provide Commission
Amendment 184 #
Proposal for a regulation Article 14 – paragraph 7 7. The Commission shall report to the NIS Cooperation Group about the use and the results of the support, on a regular basis. It shall protect confidential information, in accordance with Union or national law concerning the protection of sensitive or classified information.
Amendment 185 #
Proposal for a regulation Article 14 – paragraph 7 7. The Commission shall report at least twice a year to the NIS Cooperation Group about the use and the results of the support
Amendment 186 #
Proposal for a regulation Article 15 – title Coordination of the Cyber Emergency Mechanism with crisis management
Amendment 187 #
Proposal for a regulation Article 15 – paragraph 3 3. In consultation with the High Representative, support under the Cyber Emergency Mechanism may complement assistance provided in the context of the Common Foreign and Security Policy and Common Security and Defence Policy
Amendment 188 #
Proposal for a regulation Article 16 – title Trusted managed security service providers
Amendment 189 #
1. In procurement procedures for the purpose of establishing the EU Cybersecurity Reserve, the contracting authority shall act in accordance with the principles laid down in the Regulation (EU, Euratom) 2018/1046, without prejudice to the Member States’ primary responsibility for national security, and in accordance with the following principles:
Amendment 190 #
Proposal for a regulation Article 16 – paragraph 1 – point a (a) ensure the EU Cybersecurity Reserve includes services that may be deployed in all Member States and third countries in accordance with Article 17 of this Regulation, taking into account in particular national requirements for the provision of such services, including certification or accreditation;
Amendment 191 #
Proposal for a regulation Article 16 – paragraph 1 – point c (c) ensure that the EU Cybersecurity Reserve brings EU added value, by
Amendment 192 #
Proposal for a regulation Article 16 – paragraph 1 – point c (c) ensure that the EU Cybersecurity Reserve
Amendment 193 #
Proposal for a regulation Article 16 – paragraph 2 – point f (f) the provider shall be equipped with the up-to-date hardware and software technical equipment necessary to support the requested service and shall meet the requirements set out in Regulation XX/XXXX (Cyber Resilience Act), where applicable;
Amendment 194 #
Proposal for a regulation Article 16 – paragraph 2 – point f a (new) (fa) the provider shall demonstrate that its decision and management structures are free from any undue influence by governments of states classified as systemic rivals of the Union;
Amendment 195 #
Proposal for a regulation Article 16 – paragraph 2 – point h (h) the provider shall be able to provide the service within a short timeframe in the Member State(s) or third countries where it can deliver the service;
Amendment 196 #
Proposal for a regulation Article 16 – paragraph 2 – point i (i) the provider shall be able to provide the service in the local language of the Member State(s) or third countries where it can deliver the service
Amendment 197 #
Proposal for a regulation Article 16 – paragraph 2 – point j (j) once an EU certification scheme for managed security service Regulation (EU) 2019/881 is in place, the provider shall be certified in accordance with that scheme, within a period of two years after the scheme has been adopted.
Amendment 198 #
Proposal for a regulation Article 16 – paragraph 2 – point j (j) once an E
Amendment 199 #
Proposal for a regulation Article 16 – paragraph 2 – point j (j) once an EU certification scheme for managed security service Regulation (EU) 2019/881 is in place, the provider shall be certified in accordance with that scheme within two years.
Amendment 200 #
Proposal for a regulation Article 16 – paragraph 2 – point j a (new) (ja) the provider shall be able to unbundle their services from the wider contract so the user can switch to another service provider;
Amendment 201 #
Proposal for a regulation Article 17 – paragraph 6 6. The Commission shall without undue delay notify the Council and coordinate with the High Representative about the requests received and the implementation of the support granted to third countries from the EU Cybersecurity Reserve.
Amendment 202 #
Proposal for a regulation Article 18 Amendment 203 #
Proposal for a regulation Article 18 – paragraph 2 2. To prepare the incident review report referred to in paragraph 1, ENISA shall collaborate with and gather feedback from all relevant stakeholders, including representatives of Member States, the Commission, other relevant EU institutions, bodies and agencies, managed security services providers and users of cybersecurity services. Where appropriate, ENISA shall also collaborate with entities affected by significant or large-scale cybersecurity incidents. To support the review, ENISA may also consult other types of stakeholders. Consulted representatives shall disclose any potential conflict of interest.
Amendment 204 #
Proposal for a regulation Article 18 – paragraph 3 3. The report shall cover a review and analysis of the specific significant or large- scale cybersecurity incident, including the main causes, vulnerabilities and lessons learned. It shall protect confidential information, in accordance with Union or national law concerning the protection of sensitive or classified information. It shall not include any details about actively exploited vulnerabilities that remain unpatched.
Amendment 205 #
Proposal for a regulation Article 18 – paragraph 4 4. Where appropriate, the report shall draw concrete recommendations, including for all relevant stakeholders, to improve the Union’s cyber posture
Amendment 206 #
Proposal for a regulation Article 18 – paragraph 4 4. Where appropriate, the report shall draw non-legally binding voluntary recommendations to improve the Union’s cyber posture.
Amendment 207 #
Proposal for a regulation Article 19 – paragraph 1 – point 1 – point a – point 1 Regulation (EU) 2021/694 Article 1 paragraph 1 – point (aa) (aa) support the development of an EU Cyber Shield, including the development, deployment and operation of
Amendment 208 #
Proposal for a regulation Article 19 – paragraph 1 – point 3 Regulation (EU) 2021/694 Article 14 (2) The Programme may provide funding in any of the forms laid down in the Financial Regulation, including in particular through procurement as a primary form, or grants and prizes. ENISA shall receive additional resources to carry out its additional tasks laid down in Regulation XX/XXX (Cyber Solidarity Act). That additional funding shall not jeopardise the achievements of the objectives of the Programme.
Amendment 209 #
Proposal for a regulation Article 19 – paragraph 1 – point 5 Regulation (EU) 2021/694 Article 19 Support in the form of grants may be awarded directly by the ECCC without a call for proposals to the
Amendment 211 #
Proposal for a regulation Article 20 – paragraph 1 By [
Amendment 212 #
Proposal for a regulation Article 20 – paragraph 1 By [four years after the date of application of this Regulation], the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The report shall be accompanied, where necessary, by a legislative proposal.
Amendment 213 #
Proposal for a regulation Article 20 – paragraph 1 a (new) Every year when presenting the Draft Budget for the following year, the Commission shall submit a detailed assessment of ENISA's tasks under this Regulation as well as [the proposal for a Regulation on horizontal cybersecurity requirements for products with digital elements] and other Union legislation and shall detail the financial and human resources needed to fulfil those tasks.
Amendment 214 #
Proposal for a regulation Article 20 a (new) Amendment 215 #
Proposal for a regulation Annex I – paragraph 1 – point 1 Regulation (EU) 2021/694 Annex I – chapter "Specific Objective 3 – Cybersercurity and Trust" 1. Co-investment with Member States in advanced cybersecurity equipment, infrastructures and knowhow that are essential to protect critical infrastructures and the Digital Single Market at large. Such co-investment could include investments in quantum facilities and data resources for cybersecurity, situational awareness in cyberspace including
Amendment 216 #
Proposal for a regulation Annex I – paragraph 1 – point 1 Regulation (EU) 2021/694 Annex I – chapter "Specific Objective 3 – Cybersercurity and Trust" 5. Promoting solidarity among Member States in preparing for and responding to significant cybersecurity incidents through deployment of cybersecurity services across borders, including support for mutual assistance between public authorities and the establishment of a reserve of trusted
Amendment 46 #
Proposal for a regulation Title 1 Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILlaying down measures to strengthen solidarity and capacities in the Union to detect, prepare for and respond to cybersecurity threats and incidents (Cyber Solidarity Act)
Amendment 47 #
Proposal for a regulation Recital 1 (1) The use of and dependence on information and communication technologies have become fundamental aspects and vulnerabilities in all sectors of economic activity as our public administrations, companies and citizens are more interconnected and interdependent across sectors and borders than ever before.
Amendment 48 #
Proposal for a regulation Recital 2 (2) The magnitude, frequency and impact of cybersecurity incidents are increasing, including supply chain attacks aiming at cyberespionage, ransomware or disruption. They represent a major threat to the functioning of network and information systems. In view of the fast-evolving threat landscape, the threat of possible large-scale incidents causing significant disruption or damage to critical infrastructures across the Union demands heightened preparedness at all levels of the Union’s cybersecurity framework. That threat goes beyond Russia’s military aggression on Ukraine, and is likely to persist given the multiplicity of state-
Amendment 49 #
Proposal for a regulation Recital 2 (2) The magnitude, frequency and impact of cybersecurity incidents are increasing, including supply chain attacks aiming at cyberespionage, ransomware or disruption. They represent a major threat to the functioning of network and information systems. In view of the fast-evolving threat landscape, the threat of possible large-scale incidents causing significant disruption or damage to critical infrastructures demands heightened preparedness at all levels of the Union’s cybersecurity framework. That threat goes beyond Russia’s military aggression on Ukraine, and is likely to persist given the multiplicity of state- aligned
Amendment 50 #
Proposal for a regulation Recital 3 (3) It is necessary to strengthen the competitive position of industry and services sectors in the Union across the digitised economy and support their digital transformation, by reinforcing the level of cybersecurity in the Digital Single Market. As recommended in three different proposals of the Conference on the Future of Europe16
Amendment 51 #
Proposal for a regulation Recital 5 (5) The growing cybersecurity risks and an overall complex threat landscape, with a clear risk of rapid spill-over of cyber incidents from one Member State to others and from a third country to the Union requires strengthened solidarity at Union level to better detect, prepare for
Amendment 52 #
Proposal for a regulation Recital 9 a (new) (9a) In light of the geopolitical developments and increasing cyber threat landscape, the continuity and further development of the measures laid down in this Regulation, particularly the European Cyber Shield and the European Emergency Mechanism, is important. Therefore, it is necessary to ensure a specific budget line in the multiannual financial framework for 2028 to 2034. Member States should also commit to supporting all necessary measures to strengthen solidarity within the Union and to reduce cyber threats and incidents throughout the Union.
Amendment 53 #
Proposal for a regulation Recital 12 (12) To more effectively prevent, assess
Amendment 54 #
Proposal for a regulation Recital 13 (13)
Amendment 55 #
Proposal for a regulation Recital 14 (14) As part of the European Cyber Shield, a number of Cross-border Cybersecurity Operations Centres (‘Cross- border SOCs’) should be established. These should bring together National SOCs from at least three Member States, so that the benefits of cross-border threat detection and information sharing and management can be fully achieved. The general objective of Cross-border SOCs should be to strengthen capacities to analyse, prevent and detect cybersecurity threats and to
Amendment 56 #
Proposal for a regulation Recital 15 (15) At national level, the monitoring, detection and analysis of cyber threats is typically ensured by SOCs of public and private entities, in combination with CSIRTs. In addition, CSIRTs exchange information in the context of the CSIRT network, in accordance with Directive (EU) 2022/2555. The Cross-border SOCs should constitute a new capa
Amendment 57 #
Proposal for a regulation Recital 15 (15) At national level, the monitoring, detection and analysis of cyber threats is typically ensured by SOCs of public and private entities, in combination with CSIRTs. In addition, CSIRTs exchange information in the context of the CSIRT network, in accordance with Directive (EU) 2022/2555. The Cross-border SOCs should constitute a new capability that is complementary to the CSIRTs network, by pooling and sharing data on cybersecurity threats from public and private entities, enhancing the value of such data through expert analysis and jointly acquired infrastructures and state of the art tools, and contributing to the development of
Amendment 58 #
Proposal for a regulation Recital 16 (16) The Cross-border SOCs should act as a central point allowing for a broad pooling of relevant data and cyber threat intelligence, enable the spreading of threat information among a large and diverse set of actors (e.g., Computer Emergency Response Teams (‘CERTs’), CSIRTs, Information Sharing and Analysis Centers (‘ISACs’), operators of critical infrastructures
Amendment 59 #
Proposal for a regulation Recital 16 (16) The Cross-border SOCs should act as a central point allowing for a broad pooling of relevant data and cyber threat intelligence, enable the spreading of threat information among a large and diverse set of actors (e.g., Computer Emergency Response Teams (‘CERTs’), CSIRTs, Information Sharing and Analysis Centers (‘ISACs’), operators of critical infrastructures). The information exchanged among participants in a Cross-
Amendment 60 #
Proposal for a regulation Recital 17 (17) Shared situational awareness among relevant authorities is an indispensable prerequisite for Union-wide preparedness and coordination with regards to significant and large-scale cybersecurity incidents. Directive (EU) 2022/2555 establishes the EU–CyCLONe to support the coordinated management of large-scale cybersecurity incidents and crises at operational level and to ensure the regular exchange of relevant information among Member States and Union institutions, bodies and agencies. Recommendation (EU) 2017/1584 on coordinated response to large-scale cybersecurity incidents and crises addresses the role of all relevant actors. Directive (EU) 2022/2555 also recalls the Commission’s responsibilities in the Union Civil Protection Mechanism (‘UCPM’) established by Decision 1313/2013/EU of the European Parliament and of the Council, as well as for providing analytical reports for the Integrated Political Crisis Response Mechanism (‘IPCR’) arrangements under Implementing Decision (EU) 2018/1993.
Amendment 61 #
Proposal for a regulation Recital 19 (19) In order to enable the exchange of data on cybersecurity threats from various sources, on a large-scale basis, in a trusted environment, entities participating in the European Cyber Shield should be equipped with state-of-the-art and highly-secure tools, equipment and infrastructures and highly-skilled personnel. This should make it possible to improve collective detection capacities and timely warnings to authorities and relevant entities, notably by using the latest artificial intelligence and data analytics technologies.
Amendment 62 #
Proposal for a regulation Recital 20 (20) By collecting, sharing and exchanging data, the European Cyber Shield should enhance the Union’s technological sovereignty. The pooling of high-quality curated data should also contribute to the development of advanced artificial intelligence and data analytics technologies. It must be noted, however, that artificial intelligence is the most effective when paired with human analysis. Therefore, highly-skilled staff remains essential for pooling high-quality data and gathering of pro-active threat intelligence. It should be facilitated through the connection of the European Cyber Shield with the pan-European High Performance Computing infrastructure established by Council Regulation (EU) 2021/117325 . _________________ 25 Council Regulation (EU) 2021/1173 of
Amendment 63 #
Proposal for a regulation Recital 20 (20) By collecting, sharing and
Amendment 64 #
Proposal for a regulation Recital 21 (21) While the European Cyber Shield is a civilian project, the cyber defence community could benefit from stronger civilian detection and situational awareness capabilities developed for the protection of critical infrastructure. Cross-border SOCs, with the support of the Commission and the European Cybersecurity Competence Centre (‘ECCC’), and in cooperation with the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’), should gradually develop dedicated access conditions and safeguards protocols and standards to allow for cooperation with the cyber defence community, including vetting and security conditions, respecting the civilian character of insitutions and the destination of funding, therefore using the funds available to the defence community . The development of
Amendment 65 #
Proposal for a regulation Recital 24 (24) In view of the increasing risks and number of cyber incidents affecting Member States, it is necessary to set up a crisis support instrument to improve the Union’s resilience to significant and large- scale cybersecurity incidents and complement Member States’ actions through emergency financial support for preparedness, response and immediate recovery of essential services. That instrument should enable the rapid and effective deployment of assistance in defined circumstances and under clear conditions and allow for a careful monitoring and evaluation of how resources have been used. Whilst the primary responsibility for preventing, preparing for and responding to
Amendment 66 #
Proposal for a regulation Recital 27 (27) Assistance provided under this Regulation should be in support of, and complementary to, the actions taken by Member States at national level. To this end, close cooperation and consultation between the Commission, ENISA and the affected Member State should be ensured. When requesting support under the Cyber Emergency Mechanism, the Member State should provide relevant information justifying the need for support.
Amendment 67 #
Proposal for a regulation Recital 33 (33) A Union-level Cybersecurity Reserve should gradually be set up, consisting of services from private providers of managed security services to
Amendment 68 #
Proposal for a regulation Recital 33 (33) A Union-level Cybersecurity Reserve should gradually be set up, with initial funding of 10 million euro under this Regulation until the Evaluation. It consist
Amendment 69 #
Proposal for a regulation Recital 35 (35) To support the establishment of the EU Cybersecurity Reserve, the Commission
Amendment 70 #
Proposal for a regulation Recital 35 a (new) (35a) In light of the additional tasks provided for in this Regulation as well as in the [Proposal for horizontal cybersecurity requirements for products with digital elements], ENISA should be provided with the necessary human and financial resources under the Union budget.
Amendment 71 #
Proposal for a regulation Recital 37 a (new) Amendment 72 #
Proposal for a regulation Recital 38 a (new) (38a) Highly-skilled personnel, that is able to reliably deliver the relevant cybersecurity services at highest standards, is imperative for the effective implementation of the European Cyber Shield and the Cyber Emergency Mechanism. It is therefore concerning that the Union is faced with a talent gap, characterized by a shortage of skilled professionals, while facing a rapidly evolving threat landscape as acknowledged in the Commission communication of 18 April 2023 on the Cyber Skills Academy. It is important to bridge this talent gap by strengthening cooperation and coordination among the different stakeholders, including the private sector, academia, Member States, the Commission and ENISA to scale up and create synergies for the investment in education and training, the development of public-private partnerships, support of research and innovation initiatives, the development and mutual recognition of common standards and certification of cybersecurity skills, including through the European Cyber Security Skills Framework. This should also facilitate the mobility of cybersecurity professionals within the Union. This Regulation should aim to promote a more diverse cybersecurity workforce.
Amendment 73 #
Proposal for a regulation Recital 38 b (new) (38b) Member States’ capacity building is essential for a Union-wide coordinated approach to strengthening the resilience of the Union's cybersecurity posture. As emphasized in the Commission communication of 18 April 2023 on the Cyber Skills Academy, the security of the Union cannot be guaranteed without the Union’s most valuable asset: its people. The European Cyber Security Skills Framework can help to better understand the composition of the Union's workforce, including the current and required competences within participating entities.
Amendment 74 #
Proposal for a regulation Recital 39 (39) The objective of this Regulation, namely to break up communication silos and reinforce the Union’s cyber threat prevention, detection, response and recover capacities, can be better achieved at Union level than by the Member States. Hence, the Union may adopt measures, in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty on European Union. This Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 75 #
Proposal for a regulation Recital 39 a (new) (39a) In light of the additional tasks provided for in this Regulation as well as in the [Proposal for horizontal cybersecurity requirements for products with digital elements], ENISA should be provided with the necessary human and financial resources under the Union budget.
Amendment 76 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This Regulation lays down
Amendment 77 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) the
Amendment 78 #
Proposal for a regulation Article 1 – paragraph 1 – point c Amendment 79 #
Proposal for a regulation Article 1 – paragraph 2 – point a (a) to strengthen common Union detection and situational awareness of cyber threats and incidents thus allowing to reinforce the competitive position of industry, including SMEs, and services sectors in the Union across the digital economy and contribute to the Union’s technological sovereignty in the area of cybersecurity;
Amendment 80 #
Proposal for a regulation Article 1 – paragraph 2 – point a (a) to strengthen voluntary common Union detection and situational awareness of cyber threats and incidents thus allowing to reinforce the competitive position of industry and services sectors in the Union across the digital economy and contribute to the Union’s technological sovereignty in the area of cybersecurity;
Amendment 81 #
Proposal for a regulation Article 1 – paragraph 2 – point b (b) to reinforce preparedness of entities operating in critical and highly critical sectors across the Union and strengthen
Amendment 82 #
Proposal for a regulation Article 1 – paragraph 2 – point c Amendment 83 #
Proposal for a regulation Article 1 – paragraph 2 – point c a (new) Amendment 84 #
Proposal for a regulation Article 1 – paragraph 3 3. This Regulation is without prejudice to the Member States’ primary responsibility for national security, public security, and the prevention, investigation, detection and prosecution of criminal offences and avoids unnecessary duplication with existing initiatives.
Amendment 85 #
Proposal for a regulation Article 1 – paragraph 3 3. This Regulation is without prejudice to the Member States’
Amendment 86 #
Proposal for a regulation Article 1 – paragraph 3 a (new) 3a. Every year when presenting the Draft Budget for the following year, the Commission shall submit a detailed assessment of ENISA's tasks under this Regulation as well as [the proposal for a Regulation on horizontal cybersecurity requirements for products with digital elements] and other Union legislation and shall detail the financial and human resources needed to fulfil those tasks.
Amendment 87 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 Amendment 88 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘Cross-border Security Operations Centre’ (“Cross-border SOC”) means a multi-country platform, that brings together in a coordinated network structure national SOCs from at least three Member States who form a Hosting Consortium, and that is designed to
Amendment 89 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘Cross-border Security Operations Centre’ (“Cross-border SOC”) means a multi-country platform, that brings together in a coordinated network structure national SOCs from at least three Member States who form a Hosting Consortium, and that is designed to prevent cyber threats and incidents and to support the production of high-quality intelligence, notably through the voluntary exchange of data from various sources, public and private, as well as through the
Amendment 90 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 a (new) (1a) “Security Operations Centre” (“SOC”) means a centralized capacity, which can be in-house or outsourced, responsible for continuously monitoring and improving the cybersecurity posture of an entity to prevent, detect, analyse, and respond to cybersecurity threats.
Amendment 91 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 a (new) (1a) ‘Security Operations Centre’ (“SOC”) means a centre, set up by private and public entities or national authorities, constantly monitoring and analysing the communication networks and computer systems to detect intrusions and anomalies in real time.
Amendment 92 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 b (new) (1b) ‘National Security Operations Centre’ (“National SOC”) means a centralized capacity responsible for continuously gathering threat intelligence and improving the cybersecurity posture of entities under national jurisdiction by preventing, detecting and analyzing, cybersecurity threats to be able to better respond to cybersecurity threats. This capacity shall, where applicable, be incorporated in already existing national structures such as CSIRTs as established under Directive 2022/2555.
Amendment 93 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) ‘public
Amendment 94 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 Amendment 95 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 a (new) (5a) ‘incident handling’ means a incident handling as defined in Article 6, point (8), of Directive (EU) 2022/2555;
Amendment 96 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 b (new) (5b) ‘risk’ means a risk as defined in Article 6, point (9), of Directive (EU) 2022/2555;
Amendment 97 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 a (new) (6a) ‘significant cyber threat’ means a cyber threat as defined in Article 6, point (11), of Directive (EU) 2022/2555;
Amendment 98 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 Amendment 99 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 source: 753.628
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