keyboard_tab Cyber Resilience Act 2023/2841 EN

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.

1.    Union_entities and CERT-EU shall respect the obligation of professional secrecy in accordance with Article 339 TFEU or equivalent applicable frameworks.

2.   Regulation (EC) No 1049/2001 of the European Parliament and of the council (10) shall apply with regard to requests for public access to documents held by CERT-EU, including the obligation under that Regulation to consult other Union_entities or, where relevant, Member States, whenever a request concerns their documents.

3.   The handling of information by Union_entities and CERT-EU shall comply with the applicable rules on information security.

1.    Union_entities may, on a voluntary basis, notify CERT-EU of, and provide it with information on, incidents, cyber_threats, near_misses and vulnerabilities that affect them. CERT-EU shall ensure that efficient means of communication, with a high level of traceability, confidentiality and reliability, are available for the purpose of facilitating information sharing with the Union_entities. When processing notifications, CERT-EU may prioritise the processing of mandatory notifications over voluntary notifications. Without prejudice to Article 12, voluntary notification shall not result in the imposition of any additional obligations upon the reporting Union entity to which it would not have been subject had it not submitted the notification.

2.   To perform its mission and tasks conferred pursuant to Article 13, CERT-EU may request Union_entities to provide it with information from their respective ICT system inventories, including information relating to cyber_threats, near_misses, vulnerabilities, indicators of compromise, cybersecurity alerts and recommendations regarding configuration of cybersecurity tools to detect incidents. The requested Union entity shall transmit the requested information, and any subsequent updates thereto, without undue delay.

3.   CERT-EU may exchange incident-specific information with Union_entities which reveals the identity of the Union entity affected by the incident, provided that the Union entity affected consents. Where a Union entity withholds its consent, it shall provide CERT-EU with reasons substantiating that decision.

4.    Union_entities shall, upon request, share information with the European Parliament and the council on the completion of cybersecurity plans.

5.   The IICB or CERT-EU, as applicable, shall, upon request, share guidelines, recommendations and calls for action with the European Parliament and the council.

6.   The sharing obligations laid down in this Article shall not extend to:

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.