keyboard_tab Cyber Resilience Act 2023/2841 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 2 Art. 11 Tasks of the IICB
- 2 Art. 15 Head of CERT-EU
- 1 Art. 16 Financial and staffing matters
- 1 Art. 23 Management of major incidents
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
MEASURES FOR A HIGH COMMON LEVEL OF CYBERSECURITY
CHAPTER III
INTERINSTITUTIONAL CYBERSECURITY BOARD
CHAPTER IV
CERT-EU
CHAPTER V
COOPERATION AND REPORTING OBLIGATIONS
CHAPTER VI
FINAL PROVISIONS
- Union entities
- network and information system
- security of network and information systems
- cybersecurity
- highest level of management
- near miss
- incident
- major incident
- large-scale cybersecurity incident
- incident handling
- cyber threat
- significant cyber threat
- vulnerability
- cybersecurity risk
- cloud computing service
- cert-eu 41
- shall 33
- article 22
- head 18
- union_entities 18
- iicb 16
- management 14
- financial 11
- service 11
- level 11
- major 10
- incidents 9
- cybersecurity 9
- basis 9
- referred 8
- commission 8
- approve 8
- including 8
- the 8
- proposal 7
- crisis 7
- from 7
- information 7
- annual 7
- activities 6
- provided 6
- arrangements 6
- pursuant 6
- cyber 6
- administrative 6
- reports 6
- into 6
- services 6
- regulation 5
- proposed 5
- regular 5
- implementation 5
- catalogue 5
- budget 5
- union 5
- plan 5
- agreements 5
- cert-eu’s 4
- report 4
- revenue 4
- union_entities’ 4
- support 4
- account 4
- monitor 4
- work 4
Article 11
Tasks of the IICB
When exercising its responsibilities, the IICB shall, in particular:
| (a) | provide guidance to the Head of CERT-EU; |
| (b) | effectively monitor and supervise the implementation of this Regulation and support the Union_entities in strengthening their cybersecurity, including, where appropriate, requesting ad-hoc reports from Union_entities and CERT-EU; |
| (c) | following a strategic discussion, adopt a multiannual strategy on raising the level of cybersecurity in the Union_entities, asses that strategy on a regular basis and in any event every five years and, where necessary, amend that strategy; |
| (d) | establish the methodology and organisational aspects for the conduct of voluntary peer reviews by Union_entities, with a view to learning from shared experiences, strengthening mutual trust, achieving a high common level of cybersecurity, as well as enhancing Union_entities’ cybersecurity capabilities, ensuring that such peer reviews are conducted by cybersecurity experts designated by a Union entity different from the Union entity being reviewed and that the methodology is based on Article 19 of Directive (EU) 2022/2555 and is, where appropriate, adapted to the Union_entities; |
| (e) | approve, on the basis of a proposal by the Head of CERT-EU, CERT-EU’s annual work programme and monitor its implementation; |
| (f) | approve, on the basis of a proposal by the Head of CERT-EU, CERT-EU’s service catalogue and any updates thereof; |
| (g) | approve, on the basis of a proposal by the Head of CERT-EU, the annual financial planning of revenue and expenditure, including staffing, for CERT-EU activities; |
| (h) | approve, on the basis of a proposal by the Head of CERT-EU, the arrangements for service level agreements; |
| (i) | examine and approve the annual report drawn up by the Head of CERT-EU covering the activities of, and management of funds by, CERT-EU; |
| (j) | approve and monitor key performance indicators (KPIs) for CERT-EU established on the basis of a proposal by the Head of CERT-EU; |
| (k) | approve cooperation arrangements, service level agreements or contracts between CERT-EU and other entities pursuant to Article 18; |
| (l) | adopt guidelines and recommendations on the basis of a proposal by CERT-EU in accordance with Article 14 and instruct CERT-EU to issue, withdraw or modify a proposal for guidelines or recommendations, or a call for action; |
| (m) | establish technical advisory groups with specific tasks to assist the IICB’s work, approve their terms of reference and designate their respective Chairs; |
| (n) | receive and assess documents and reports submitted by the Union_entities under this Regulation, such as cybersecurity maturity assessments; |
| (o) | facilitate the establishment of an informal group of local cybersecurity officers of Union_entities, supported by ENISA, with the aim of exchanging best practices and information in relation to the implementation of this Regulation; |
| (p) | taking into account the information on the identified cybersecurity risks and lessons learnt provided by CERT-EU, monitor the adequacy of interconnectivity arrangements among the Union_entities’ ICT environments and advise on possible improvements; |
| (q) | establish a cyber crisis management plan with a view to supporting, at an operational level, the coordinated management of major incidents affecting Union_entities and to contributing to the regular exchange of relevant information, in particular with regard to the impacts and severity of, and the possible ways of mitigating the effects of, major incidents; |
| (r) | coordinate the adoption of individual Union_entities’ cyber crisis management plans referred to in Article 9(2); |
| (s) | adopt recommendations relating to supply chain security referred to in Article 8(2), first subparagraph, point (m), taking into account the results of Union level coordinated security risk assessments of critical supply chains referred to in Article 22 of Directive (EU) 2022/2555 to support Union_entities in adopting effective and proportionate cybersecurity risk-management measures. |
Article 15
Head of CERT-EU
1. The Commission, after obtaining the approval of a majority of two thirds of the members of the IICB, shall appoint the Head of CERT-EU. The IICB shall be consulted at all stages of the appointment procedure, in particular with regard to drafting vacancy notices, examining applications and appointing selection boards in relation to the post. The selection procedure, including the final shortlist of candidates from which the Head of CERT-EU is to be appointed, shall ensure fair representation of each gender, taking into account the applications submitted.
2. The Head of CERT-EU shall be responsible for the proper functioning of CERT-EU and shall act within the remit of his or her role and under the direction of the IICB. The Head of CERT-EU shall report regularly to the Chair of the IICB and shall submit ad-hoc reports to the IICB upon its request.
3. The Head of CERT-EU shall assist the responsible authorising officer by delegation in drafting the annual activity report containing financial and management information, including the results of controls, drawn up in accordance with Article 74(9) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (9), and shall report regularly to the authorising officer by delegation on the implementation of measures in respect of which powers have been sub-delegated to the Head of CERT-EU.
4. The Head of CERT-EU shall draw up, on an annual basis, a financial planning of administrative revenue and expenditure for its activities, a proposed annual work programme, a proposed service catalogue for CERT-EU, proposed revisions of the service catalogue, proposed arrangements for service level agreements and proposed KPIs for CERT-EU, to be approved by the IICB in accordance with Article 11. When revising the list of services in CERT-EU’s service catalogue, the Head of CERT-EU shall take into account the resources allocated to CERT-EU.
5. The Head of CERT-EU shall submit reports at least annually to the IICB and the Chair of the IICB on the activities and performance of CERT-EU during the reference period, including on the implementation of the budget, service level agreements and written agreements entered into, cooperation with counterparts and partners, and missions undertaken by staff, including the reports referred to in Article 11. Those reports shall include a work programme for the following period, financial planning of revenue and expenditure, including staffing, planned updates of CERT-EU’s service catalogue and an assessment of the expected impact that such updates may have with regard to financial and human resources.
Article 16
Financial and staffing matters
1. CERT-EU shall be integrated into the administrative structure of a directorate-general of the Commission in order to benefit from the Commission’s administrative, financial management and accounting support structures, while maintaining its status as an autonomous interinstitutional service provider for all Union_entities. The Commission shall inform the IICB of the administrative location of CERT-EU and any changes thereto. The Commission shall review the administrative arrangements related to CERT-EU on a regular basis and in any event before the establishment of any multiannual financial framework pursuant to Article 312 TFEU, in order to allow for appropriate action to be taken. The review shall include the possibility of establishing CERT-EU as a Union office.
2. For the application of administrative and financial procedures, the Head of CERT-EU shall act under the authority of the Commission and under the supervision of the IICB.
3. CERT-EU’s tasks and activities, including services provided by CERT-EU pursuant to Article 13(3), (4), (5) and (7) and Article 14(1) to Union_entities financed from the heading of the multiannual financial framework dedicated to European public administration, shall be funded by means of a distinct budget line of the Commission budget. The posts earmarked for CERT-EU shall be detailed in a footnote to the Commission establishment plan.
4. Union_entities other than those referred to in paragraph 3 of this Article shall make an annual financial contribution to CERT-EU to cover the services provided by CERT-EU pursuant to that paragraph. The contributions shall be based on orientations given by the IICB and agreed between each Union entity and CERT-EU in service level agreements. The contributions shall represent a fair and proportionate share of the total costs of services provided. They shall be received by the distinct budget line referred to in paragraph 3 of this Article, as internal assigned revenue, as provided for in Article 21(3), point (c), of Regulation (EU, Euratom) 2018/1046.
5. The costs of the services provided for in Article 13(6) shall be recovered from the Union_entities receiving CERT-EU services. The revenues shall be assigned to the budget lines supporting the costs.
Article 23
Management of major incidents
1. In order to support at operational level the coordinated management of major incidents affecting Union_entities and to contribute to the regular exchange of relevant information among Union_entities and with Member States, the IICB shall, pursuant to Article 11, point (q), establish a cyber crisis management plan based on the activities referred to in Article 22(2), in close cooperation with CERT-EU and ENISA. The cyber crisis management plan shall include at least the following elements:
| (a) | arrangements concerning coordination and information flow among Union_entities for the management of major incidents at operational level; |
| (b) | common standard operating procedures (SOPs); |
| (c) | a common taxonomy of major incident severity and crisis triggering points; |
| (d) | regular exercises; |
| (e) | secure communication channels that are to be used. |
2. The Commission representative in the IICB shall, subject to the cyber crisis management plan established pursuant to paragraph 1 of this Article and without prejudice to Article 16(2), first subparagraph, of Directive (EU) 2022/2555, be the point of contact for the sharing of relevant information in relation to major incidents with EU-CyCLONe.
3. CERT-EU shall coordinate among the Union_entities the management of major incidents. It shall maintain an inventory of the available technical expertise that would be needed for incident response in the event of major incidents and assist the IICB in coordinating Union_entities’ cyber crisis management plans for major incidents referred to in Article 9(2).
4. The Union_entities shall contribute to the inventory of technical expertise by providing an annually updated list of experts available within their respective organisations detailing their specific technical skills.
CHAPTER VI
FINAL PROVISIONS
whereas