keyboard_tab Cyber Resilience Act 2023/2841 EN

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.

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.   Following the conclusion of the cybersecurity maturity assessment carried out pursuant to Article 7 and taking into account the assets and cybersecurity risks identified in the Framework as well as the cybersecurity risk-management measures taken pursuant to Article 8, the highest_level_of_management of each Union entity shall approve a cybersecurity plan without undue delay and in any event by 8 January 2026. The cybersecurity plan shall aim at increasing the overall cybersecurity of the Union entity and shall thereby contribute to the enhancement of a high common level of cybersecurity within the Union_entities. The cybersecurity plan shall include at least the cybersecurity risk-management measures taken pursuant to Article 8. The cybersecurity plan shall be revised every two years, or more frequently where necessary, following the cybersecurity maturity assessments carried out pursuant to Article 7 or any substantial review of the Framework.

2.   The cybersecurity plan shall include the Union entity’s cyber crisis management plan for major incidents.

3.   The Union entity shall submit the completed cybersecurity plan to the Interinstitutional Cybersecurity board established pursuant to Article 10.

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.   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.