keyboard_tab Cyber Resilience Act 2023/2841 EN

1.   by 8 April 2025, each Union entity shall, after carrying out an initial cybersecurity review, such as an audit, establish an internal cybersecurity risk-management, governance and control framework (the ‘Framework’). The establishment of the Framework shall be overseen by and under the responsibility of the Union entity’s highest_level_of_management.

2.   The Framework shall cover the entirety of the unclassified ICT environment of the Union entity concerned, including any on-premises ICT environment, operational technology network, outsourced assets and services in cloud computing environments or hosted by third parties, mobile devices, corporate networks, business networks not connected to the internet and any devices connected to those environments (ICT environment). The Framework shall be based on an all-hazards approach.

3.   The Framework shall ensure a high level of cybersecurity. The Framework shall establish internal cybersecurity policies, including objectives and priorities, for the security of network_and_information_systems, and the roles and responsibilities of the Union entity’s staff tasked with ensuring the effective implementation of this Regulation. The Framework shall also include mechanisms to measure the effectiveness of the implementation.

4.   The Framework shall be reviewed on a regular basis, in light of the changing cybersecurity risks, and at least every four years. Where appropriate and following a request from the Interinstitutional Cybersecurity Board established pursuant to Article 10, a Union entity’s Framework may be updated on the basis of guidance from CERT-EU on incidents identified or possible gaps observed in the implementation of this Regulation.

5.   The highest_level_of_management of each Union entity shall be responsible for the implementation of this Regulation and shall oversee the compliance of its organisation with the obligations related to the Framework.

6.   Where appropriate and without prejudice to its responsibility for the implementation of this Regulation, the highest_level_of_management of each Union entity may delegate specific obligations under this Regulation to senior officials within the meaning of Article 29(2) of the Staff Regulations or other officials at equivalent level, within the Union entity concerned. Regardless of any such delegation, the highest_level_of_management may be held liable for infringements of this Regulation by the Union entity concerned.

7.   Each Union entity shall have effective mechanisms in place to ensure that an adequate percentage of the ICT budget is spent on cybersecurity. Due account shall be taken of the Framework when establishing that percentage.

8.   Each Union entity shall appoint a local cybersecurity officer or an equivalent function who shall act as its single point of contact regarding all aspects of cybersecurity. The local cybersecurity officer shall facilitate the implementation of this Regulation and report directly to the highest_level_of_management on a regular basis on the state of the implementation. Without prejudice to the local cybersecurity officer being the single point of contact in each Union entity, a Union entity may delegate certain tasks of the local cybersecurity officer with regard to the implementation of this Regulation to CERT-EU on the basis of a service level agreement concluded between that Union entity and CERT-EU, or those tasks may be shared by several Union_entities. Where those tasks are delegated to CERT-EU, the Interinstitutional Cybersecurity Board established pursuant to Article 10 shall decide whether the provision of that service is to be part of the baseline services of CERT-EU, taking into account the human and financial resources of the Union entity concerned. Each Union entity shall, without undue delay, notify CERT-EU of the local cybersecurity officer appointed and any subsequent change thereto.

CERT-EU shall establish and keep updated a list of appointed local cybersecurity officers.

9.   The senior officials within the meaning of Article 29(2) of the Staff Regulations or other officials at equivalent level of each Union entity, as well as all relevant members of staff tasked with implementing the cybersecurity risk-management measures and with fulfilling obligations laid down in this Regulation, shall follow specific training on a regular basis with a view to gaining sufficient knowledge and skills in order to apprehend and assess cybersecurity risk- and management practices and their impact on the operations of the Union entity.

1.   by 8 July 2025 and at least every two years thereafter, each Union entity shall carry out a cybersecurity maturity assessment incorporating all the elements of its ICT environment.

2.   The cybersecurity maturity assessments shall, where appropriate, be carried out with the assistance of a specialised third party.

3.    Union_entities with similar structures may cooperate in carrying out cybersecurity maturity assessments for their respective entities.

4.   On the basis of a request of the Interinstitutional Cybersecurity Board established pursuant to Article 10 and with the explicit consent of the Union entity concerned, the results of a cybersecurity maturity assessment may be discussed within that Board or within the informal group of local cybersecurity officers with a view to learning from experience and sharing best practices.

1.   An Interinstitutional Cybersecurity Board (IICB) is hereby established.

2.   The IICB shall be responsible for:

3.   The IICB shall consist of:

The Union_entities represented on the IICB shall aim to achieve gender balance among the designated representatives.

4.   Members of the IICB may be assisted by an alternate. Other representatives of the Union_entities referred to in paragraph 3 or of other Union_entities may be invited by the Chair to attend IICB meetings without voting power.

5.   The Head of CERT-EU and the Chairs of the Cooperation Group, the CSIRTs network and EU-CyCLONe established, respectively, pursuant to Articles 14, 15 and 16 of Directive (EU) 2022/2555, or their alternates, may participate in IICB meetings as observers. In exceptional cases, the IICB may, in accordance with its internal rules of procedure, decide otherwise.

6.   The IICB shall adopt its internal rules of procedure.

7.   The IICB shall designate a Chair in accordance with its internal rules of procedure, from among its members for a period of three years. The Chair’s alternate shall become a full member of the IICB for the same duration.

8.   The IICB shall meet at least three times a year at the initiative of its Chair, at the request of CERT-EU or at the request of any of its members.

9.   Each member of the IICB shall have one vote. The IICB’s decisions shall be taken by simple majority except where otherwise provided for in this Regulation. The Chair of the IICB shall not have a vote except in the event of a tied vote, in which case the Chair may cast a deciding vote.

10.   The IICB may act by means of a simplified written procedure initiated in accordance with its internal rules of procedure. Under that procedure, the relevant decision shall be deemed to be approved within the timeframe set by the Chair, except where a member objects.

11.   The secretariat of the IICB shall be provided by the Commission and shall be accountable to the Chair of the IICB.

12.   The representatives nominated by the EUAN shall relay the IICB’s decisions to the members of the EUAN. Any member of the EUAN shall be entitled to raise with those representatives or the Chair of the IICB any matter which it considers should be brought to the IICB’s attention.

13.   The IICB may establish an executive committee to assist it in its work, and delegate some of its tasks and powers to it. The IICB shall lay down the rules of procedure of the executive committee, including its tasks and powers, and the terms of office of its members.

14.   by 8 January 2025 and on an annual basis thereafter, the IICB shall submit a report to the European Parliament and to the Council detailing progress made with the implementation of this Regulation and specifying in particular the extent of cooperation of CERT-EU with Member State counterparts in each of the Member States. The report shall constitute an input to the biennial report on the state of cybersecurity in the Union adopted pursuant to Article 18 of Directive (EU) 2022/2555.

1.   An incident shall be considered to be significant if:

2.    Union_entities shall submit to CERT-EU:

3.   A Union entity shall, without undue delay and in any event within 24 hours of becoming aware of a significant incident, inform any relevant Member State counterparts referred to in Article 17(1) in the Member State where it is located that a significant incident has occurred.

4.   The Union_entities shall notify, inter alia, any information enabling CERT-EU to determine any cross-entity impact, impact on the hosting Member State or cross-border impact following a significant incident. Without prejudice to Article 12, the mere act of notification shall not subject the Union entity to increased liability.

5.   Where applicable, Union_entities shall communicate, without undue delay, to the users of the network_and_information_systems affected, or of other components of the ICT environment, that are potentially affected by a significant incident or a significant cyber_threat, and, where appropriate, need to take mitigating measures, any measures or remedies that they can take in response to that incident or that threat. Where appropriate, Union_entities shall inform those users of the significant cyber_threat itself.

6.   Where a significant incident or significant cyber_threat affects a network_and_information_system, or a component of a Union entity’s ICT environment that is knowingly connected with another Union entity’s ICT environment, CERT-EU shall issue a relevant cybersecurity alert.

7.   The Union_entities, upon the request of CERT-EU, shall, without undue delay, provide CERT-EU with digital information created by the use of electronic devices involved in their respective incidents. CERT-EU may provide further details of the types of information that it requires for situational awareness and incident response.

8.   CERT-EU shall submit to the IICB, ENISA, the EU INTCEN and the CSIRTs network, every three months, a summary report including anonymised and aggregated data on significant incidents, incidents, cyber_threats, near_misses and vulnerabilities pursuant to Article 20 and significant incidents notified pursuant to paragraph 2 of this Article. The summary report shall constitute an input to the biennial report on the state of cybersecurity in the Union adopted pursuant to Article 18 of Directive (EU) 2022/2555.

9.   by 8 July 2024, the IICB shall issue guidelines or recommendations further specifying the arrangements for, and format and content of, the reporting pursuant to this Article. When preparing such guidelines or recommendations, the IICB shall take into account any implementing acts adopted pursuant to Article 23(11) of Directive (EU) 2022/2555 specifying the type of information, the format and the procedure of notifications. CERT-EU shall disseminate the appropriate technical details to enable proactive detection, incident response or mitigating measures by Union_entities.

10.   The reporting obligations laid down in this Article shall not extend to:

1.   In acting as a cybersecurity information exchange and incident response coordination hub, CERT-EU shall facilitate information exchange with regards to incidents, cyber_threats, vulnerabilities and near_misses among:

2.   CERT-EU, where relevant in close cooperation with ENISA, shall facilitate coordination among Union_entities on incident response, including:

3.   CERT-EU, in close cooperation with ENISA, shall support Union_entities regarding situational awareness of incidents, cyber_threats, vulnerabilities and near_misses as well as sharing relevant developments in the field of cybersecurity.

4.   by 8 January 2025, the IICB shall, on the basis of a proposal by CERT-EU, adopt guidelines or recommendations on incident response coordination and cooperation for significant incidents. Where the criminal nature of an incident is suspected, CERT-EU shall advise on how to report the incident to law enforcement authorities, without undue delay.

5.   Following a specific request from a Member State and with the approval of the Union_entities concerned, CERT-EU may call on experts from the list referred to in Article 23(4), for contributing to the response to a major incident which has an impact in that Member State, or a large-scale cybersecurity incident in accordance with Article 15(3), point (g), of Directive (EU) 2022/2555. Specific rules on access to and the use of technical experts from Union_entities shall be approved by the IICB on the basis of a proposal by CERT-EU.

1.   by 8 January 2025 and on an annual basis thereafter, the IICB, with the assistance of CERT-EU, shall report to the Commission on the implementation of this Regulation. The IICB may make recommendations to the Commission to review this Regulation.

2.   by 8 January 2027 and every two years thereafter, the Commission shall assess and report on the implementation of this Regulation and on the experience gained at a strategic and operational level to the European Parliament and to the Council.

The report referred to in the first subparagraph of this paragraph shall include the review referred to in Article 16(1), on the possibility of establishing CERT-EU as a Union office.

3.   by 8 January 2029, the Commission shall evaluate the functioning of this Regulation and submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The Commission shall also evaluate the appropriateness of including network_and_information_systems handling EUCI within the scope of this Regulation, taking into account other Union legislative acts applicable to those systems. The report shall be accompanied, where necessary, by a legislative proposal.