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
- 1 Art. 3 Definitions
- 1 Art. 15 Head of CERT-EU
- 5 Art. 16 Financial and staffing matters
- 1 Art. 18 Cooperation of CERT-EU with other counterparts
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
- shall 34
- cert-eu 32
- article 26
- iicb 17
- means 17
- defined 12
- eu / 12
- head 11
- point 11
- union 11
- financial 10
- directive 10
- such 10
- including 9
- administrative 8
- cybersecurity 8
- service 8
- counterparts 8
- cooperation 7
- incident 7
- commission 7
- union_entities 6
- which 6
- services 6
- arrangements 6
- entity 6
- referred 6
- provided 6
- from 6
- the 6
- information 5
- proposed 5
- budget 5
- level 5
- management 5
- reports 5
- regulation 5
- european 5
- basis 4
- catalogue 4
- pursuant 4
- approval 4
- annual 4
- specific 4
- chair 4
- cert-eu 4
- into 4
- partners 4
- report 4
- prior 3
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
| (1) | ‘ Union_entities’ means the Union institutions, bodies, offices and agencies set up by or pursuant to the Treaty on European Union, the Treaty on the Functioning of European Union (TFEU) or the Treaty establishing the European Atomic Energy Community; |
| (2) | ‘ network_and_information_system’ means a network_and_information_system as defined in Article 6, point (1), of Directive (EU) 2022/2555; |
| (3) | ‘security of network_and_information_systems’ means security of network_and_information_systems as defined in Article 6, point (2), of Directive (EU) 2022/2555; |
| (4) | ‘ cybersecurity’ means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; |
| (5) | ‘ highest_level_of_management’ means a manager, management body or coordination and oversight body that is responsible for the functioning of a Union entity, at the most senior administrative level, with a mandate to adopt or authorise decisions in line with the high-level governance arrangements of that Union entity, without prejudice to the formal responsibilities of other levels of management for compliance and cybersecurity risk management in their respective areas of responsibility; |
| (6) | ‘ near_miss’ means a near_miss as defined in Article 6, point (5), of Directive (EU) 2022/2555; |
| (7) | ‘ incident’ means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; |
| (8) | ‘major incident’ means an incident which causes a level of disruption that exceeds a Union entity’s and CERT-EU’s capacity to respond to it or which has a significant impact on at least two Union_entities; |
| (9) | ‘large-scale cybersecurity incident’ means a large-scale cybersecurity incident as defined in Article 6, point (7), of Directive (EU) 2022/2555; |
| (10) | ‘ incident handling’ means incident handling as defined in Article 6, point (8), of Directive (EU) 2022/2555; |
| (11) | ‘ cyber_threat’ means a cyber_threat as defined in Article 2, point (8), of Regulation (EU) 2019/881; |
| (12) | ‘significant cyber_threat’ means a significant cyber_threat as defined in Article 6, point (11), of Directive (EU) 2022/2555; |
| (13) | ‘ vulnerability’ means a vulnerability as defined in Article 6, point (15), of Directive (EU) 2022/2555; |
| (14) | ‘ cybersecurity risk’ means a risk as defined in Article 6, point (9), of Directive (EU) 2022/2555; |
| (15) | ‘ cloud_computing_service’ means a cloud_computing_service as defined in Article 6, point (30), of Directive (EU) 2022/2555. |
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 18
Cooperation of CERT-EU with other counterparts
1. CERT-EU may cooperate with counterparts in the Union other than those referred to in Article 17 which are subject to Union cybersecurity requirements, including industry sector-specific counterparts, on tools and methods, such as techniques, tactics, procedures and best practices, and on cyber_threats and vulnerabilities. For all cooperation with such counterparts, CERT-EU shall seek prior approval from the IICB on a case-by-case basis. Where CERT-EU establishes cooperation with such counterparts, it shall inform any relevant Member State counterparts referred to in Article 17(1), in the Member State in which the counterpart is located. Where applicable and appropriate, such cooperation and the conditions thereof, including regarding cybersecurity, data protection and information handling, shall be established in specific confidentiality arrangements such as contracts or administrative arrangements. The confidentiality arrangements shall not require prior approval by the IICB, but the Chair of the IICB shall be informed. In the case of an urgent and imminent need to exchange cybersecurity information in the interests of Union_entities or another party, CERT-EU may do so with an entity whose specific competence, capacity and expertise are justifiably required to assist with such an urgent and imminent need, even if CERT-EU does not have a confidentiality arrangement in place with that entity. In such cases, CERT-EU shall immediately inform the Chair of the IICB, and shall report to the IICB by means of regular reports or meetings.
2. CERT-EU may cooperate with partners, such as commercial entities, including industry sector-specific entities, international organisations, non-Union national entities or individual experts, to gather information on general and specific cyber_threats, near_misses, vulnerabilities and possible countermeasures. For wider cooperation with such partners, CERT-EU shall seek prior approval from the IICB on a case-by-case basis.
3. CERT-EU may, with the consent of the Union entity affected by an incident and provided that a non-disclosure arrangement or contract is in place with the relevant counterpart or partner, provide information related to the specific incident to counterparts or partners referred to in paragraphs 1 and 2 solely for the purpose of contributing to its analysis.
CHAPTER V
COOPERATION AND REPORTING OBLIGATIONS
whereas