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. 5 Implementation of measures
- 1 Art. 10 Interinstitutional Cybersecurity Board
- 3 Art. 12 Compliance
- 2 Art. 21 Reporting obligations
- 1 Art. 24 Initial budgetary reallocation
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 46
- iicb 35
- union 31
- incident 20
- entity 20
- article 20
- cert-eu 18
- pursuant 18
- cybersecurity 16
- union_entities 16
- significant 15
- the 14
- european 14
- concerned 13
- measures 11
- report 11
- regulation 10
- member 10
- within 10
- adopted 8
- guidelines 8
- information 8
- procedure 8
- including 8
- chair 8
- without 8
- impact 7
- rules 7
- recommendations 7
- request 7
- where 6
- point 6
- issue 6
- event 6
- referred 6
- applicable 6
- implementation 6
- state 6
- internal 6
- action 5
- representatives 5
- undue 5
- delay 5
- which 5
- have 5
- after 5
- relevant 5
- article 5
- period 5
- take 5
Article 5
Implementation of measures
1. By 8 September 2024, the Interinstitutional Cybersecurity Board established pursuant to Article 10 shall, after consulting the European Union Agency for Cybersecurity (ENISA) and after receiving guidance from CERT-EU, issue guidelines to Union_entities for the purpose of carrying out an initial cybersecurity review and establishing an internal cybersecurity risk-management, governance and control framework pursuant to Article 6, carrying out cybersecurity maturity assessments pursuant to Article 7, taking cybersecurity risk-management measures pursuant to Article 8, and adopting the cybersecurity plan pursuant to Article 9.
2. When implementing Articles 6 to 9, Union_entities shall take into account the guidelines referred to in paragraph 1 of this Article, as well as relevant guidelines and recommendations adopted pursuant to Articles 11 and 14.
Article 10
Interinstitutional Cybersecurity Board
1. An Interinstitutional Cybersecurity Board (IICB) is hereby established.
2. The IICB shall be responsible for:
| (a) | monitoring and supporting the implementation of this Regulation by the Union_entities; |
| (b) | supervising the implementation of general priorities and objectives by CERT-EU and providing strategic direction to CERT-EU. |
3. The IICB shall consist of:
| (a) | one representative designated by each of the following:
|
| (b) | three representatives designated by the EU Agencies Network (EUAN) on the basis of a proposal by its ICT Advisory Committee to represent the interests of the bodies, offices and agencies of the Union that run their own ICT environment, other than those referred to in point (a). |
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.
Article 12
Compliance
1. The IICB shall, pursuant to Article 10(2) and Article 11, effectively monitor the implementation of this Regulation and of adopted guidelines, recommendations and calls for action by the Union_entities. The IICB may request information or documentation necessary for that purpose from the Union_entities. For the purpose of adopting compliance measures under this Article, where the Union entity concerned is directly represented on the IICB, that Union entity shall not have voting rights.
2. Where the IICB finds that a Union entity has not effectively implemented this Regulation or guidelines, recommendations or calls for action issued pursuant thereto, it may, without prejudice to the internal procedures of the Union entity concerned, and after giving an opportunity to the Union entity concerned to present its observations:
| (a) | communicate a reasoned opinion to the Union entity concerned with observed gaps in the implementation of this Regulation; |
| (b) | provide, after consulting CERT-EU, guidelines to the Union entity concerned to ensure that its Framework, cybersecurity risk-management measures, cybersecurity plan and reporting comply with this Regulation within a specified period; |
| (c) | issue a warning to address identified shortcomings within a specified period, including recommendations to amend measures adopted by the Union entity concerned pursuant to this Regulation; |
| (d) | issue a reasoned notification to the Union entity concerned, in the event that shortcomings identified in a warning issued pursuant to point (c) were not sufficiently addressed within the specified period; |
| (e) | issue:
|
| (f) | if applicable, inform the Court of Auditors, within the remit of its mandate, of the alleged non-compliance; |
| (g) | issue a recommendation that all Member States and Union_entities implement a temporary suspension of data flows to the Union entity concerned. |
For the purposes of the first subparagraph, point (c), the audience of a warning shall be restricted appropriately, where necessary in view of the cybersecurity risk.
Warnings and recommendations issued pursuant to the first subparagraph shall be directed to the highest_level_of_management of the Union entity concerned.
3. Where the IICB has adopted measures under paragraph 2, first subparagraph, points (a) to (g), the Union entity concerned shall provide details of the measures and actions taken to address the alleged shortcomings identified by the IICB. The Union entity shall submit those details within a reasonable period to be agreed with the IICB.
4. Where the IICB considers that there is persistent infringement of this Regulation by a Union entity resulting directly from actions or omissions of an official or other servant of the Union, including at the highest_level_of_management, the IICB shall request that the Union entity concerned take appropriate action, including requesting it to consider taking action of a disciplinary nature, in accordance with the rules and procedures laid down in the Staff Regulations and any other applicable rules and procedures. To that end, the IICB shall transfer the necessary information to the Union entity concerned.
5. Where Union_entities notify that they are unable to meet the deadlines set out in Article 6(1) and Article 8(1), the IICB may, in duly substantiated cases, taking into account the size of the Union entity, authorise the extension of those deadlines.
CHAPTER IV
CERT-EU
Article 21
Reporting obligations
1. An incident shall be considered to be significant if:
| (a) | it has caused or is capable of causing severe operational disruption to the functioning of, or financial loss to, the Union entity concerned; |
| (b) | it has affected or is capable of affecting other natural or legal persons by causing considerable material or non-material damage. |
2. Union_entities shall submit to CERT-EU:
| (a) | without undue delay and in any event within 24 hours of becoming aware of the significant incident, an early warning, which, where applicable, shall indicate that the significant incident is suspected of being caused by unlawful or malicious acts or could have a cross-entity or a cross-border impact; |
| (b) | without undue delay and in any event within 72 hours of becoming aware of the significant incident, an incident notification, which, where applicable, shall update the information referred to in point (a) and indicate an initial assessment of the significant incident, including its severity and impact, as well as, where available, the indicators of compromise; |
| (c) | upon the request of CERT-EU, an intermediate report on relevant status updates; |
| (d) | a final report not later than one month after the submission of the incident notification under point (b), including the following:
|
| (e) | in the event of an ongoing incident at the time of the submission of the final report referred to in point (d), a progress report at that time and a final report within one month of their handling of the incident. |
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:
| (a) | EUCI; |
| (b) | information the further distribution of which has been excluded by means of a visible marking, unless the sharing thereof with CERT-EU has been explicitly allowed. |
Article 24
Initial budgetary reallocation
In order to ensure the proper and stable functioning of CERT-EU, the Commission may propose the reallocation of staff and financial resources to the Commission budget for use in CERT-EU operations. The reallocation shall be effective at the same time as the first Union annual budget adopted following the entry into force of this Regulation.
whereas