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.   Without undue delay and in any event by 8 September 2025, each Union entity shall, under the oversight of its highest_level_of_management, take appropriate and proportionate technical, operational and organisational measures to manage the cybersecurity risks identified under the Framework, and to prevent or minimise the impact of incidents. Taking into account the state of the art and, where applicable, relevant european and international standards, those measures shall ensure a level of security of network_and_information_systems across the entirety of the ICT environment commensurate to the cybersecurity risks posed. When assessing the proportionality of those measures, due account shall be taken of the degree of the Union entity’s exposure to cybersecurity risks, its size and the likelihood of occurrence of incidents and their severity, including their societal, economic and interinstitutional impact.

2.    Union_entities shall address at least the following domains in the implementation of the cybersecurity risk-management measures:

(a)	cybersecurity policy, including measures needed to reach objectives and priorities referred to in Article 6 and paragraph 3 of this Article;

(b)	policies on cybersecurity risk analysis and information system security;

(c)	policy objectives regarding the use of cloud_computing_services;

(d)	cybersecurity audit, where appropriate, which may include a cybersecurity risk, vulnerability and cyber_threat assessment, and penetration testing carried out by a trusted private provider on a regular basis;

(e)	implementation of recommendations resulting from cybersecurity audits referred to in point (d) through cybersecurity and policy updates;

(f)	organisation of cybersecurity, including establishment of roles and responsibilities;

(g)	asset management, including ICT asset inventory and ICT network cartography;

(h)	human resources security and access control;

(i)	operations security;

(j)	communications security;

(k)	system acquisition, development and maintenance, including policies on vulnerability handling and disclosure;

(l)	where possible, policies on the transparency of the source code;

(m)	supply chain security, including security-related aspects concerning the relationships between each Union entity and its direct suppliers or service providers;

(n)	incident handling and cooperation with CERT-EU, such as the maintenance of security monitoring and logging;

(o)	business continuity management, such as backup management and disaster recovery, and crisis management; and

(p)	promotion and development of cybersecurity education, skills, awareness-raising, exercise and training programmes.

For the purposes of the first subparagraph, point (m), Union_entities shall take into account the vulnerabilities specific to each direct supplier and service provider and the overall quality of products and cybersecurity practices of their suppliers and service providers, including their secure development procedures.

3.    Union_entities shall take at least the following specific cybersecurity risk-management measures:

(a)	technical arrangements to enable and sustain teleworking;

(b)	concrete steps for moving towards zero-trust principles;

(c)	the use of multifactor authentication as a norm across network_and_information_systems;

(d)	the use of cryptography and encryption, in particular end-to-end encryption, as well as secure digital signing;

(e)	where appropriate, secured voice, video and text communications, and secured emergency communications systems within the Union entity;

(f)	proactive measures for detection and removal of malware and spyware;

(g)	the establishment of software supply chain security through criteria for secure software development and evaluation;

(h)	the establishment and adoption of training programmes on cybersecurity commensurate to the prescribed tasks and expected capabilities for the highest_level_of_management and members of staff of the Union entity tasked with ensuring the effective implementation of this Regulation;

(i)	regular cybersecurity training of staff members;

(j)	where relevant, participation in interconnectivity risk analyses between the Union_entities;

(k)

the enhancement of procurement rules to facilitate a high common level of cybersecurity through: (i) the removal of contractual barriers that limit information sharing from ICT service providers about incidents, vulnerabilities and cyber_threats with CERT-EU; (ii) contractual obligations to report incidents, vulnerabilities and cyber_threats as well as to have appropriate incident response and monitoring mechanisms in place.

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: (i) the european Parliament; (ii) the european Council; (iii) the Council of the european Union; (iv) the Commission; (v) the Court of Justice of the european Union; (vi) the european Central Bank; (vii) the Court of Auditors; (viii) the european External Action Service; (ix) the european Economic and Social Committee; (x) the european Committee of the Regions; (xi) the european Investment Bank; (xii) the european Cybersecurity Industrial, Technology and Research Competence Centre; (xiii) ENISA; (xiv) the european Data Protection Supervisor (EDPS); (xv) the european Union Agency for the Space Programme.

(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.

1.   CERT-EU’s mission shall be to contribute to the security of the unclassified ICT environment of Union_entities by advising them on cybersecurity, by helping them to prevent, detect, handle, mitigate, respond to and recover from incidents and by acting as their cybersecurity information exchange and incident response coordination hub.

2.   CERT-EU shall collect, manage, analyse and share information with the Union_entities on cyber_threats, vulnerabilities and incidents in unclassified ICT infrastructure. It shall coordinate responses to incidents at interinstitutional and Union entity level, including by providing or coordinating the provision of specialised operational assistance.

3.   CERT-EU shall carry out the following tasks to assist the Union_entities:

(a)	support them with the implementation of this Regulation and contribute to the coordination of the implementation of this Regulation through the measures listed in Article 14(1) or through ad-hoc reports requested by the IICB;

(b)	offer standard CSIRT services for Union_entities by means of a package of cybersecurity services described in its service catalogue (baseline services);

(c)	maintain a network of peers and partners to support the services as outlined in Articles 17 and 18;

(d)	bring to the attention of the IICB any problems relating to the implementation of this Regulation and the implementation of guidelines, recommendations and calls for action;

(e)	on the basis of the information referred to in paragraph 2, contribute to the Union cyber situational awareness in close cooperation with ENISA;

(f)	coordinate the management of major incidents;

(g)	act on the part of Union_entities as the equivalent of the coordinator designated for the purposes of coordinated vulnerability disclosure pursuant to Article 12(1) of Directive (EU) 2022/2555;

(h)	provide, upon the request of a Union entity, proactive non-intrusive scanning of publicly accessible network_and_information_systems of that Union entity.

The information referred to in the first subparagraph, point (e), shall be shared with the IICB, the CSIRTs network and the european Union Intelligence and Situation Centre (EU INTCEN), where applicable and appropriate, and subject to appropriate confidentiality conditions.

4.   CERT-EU may, in accordance with Article 17 or 18 as appropriate, cooperate with relevant cybersecurity communities within the Union and its Member States, including in the following areas:

(a)	preparedness, incident coordination, information exchange and crisis response at the technical level on cases linked to Union_entities;

(b)	operational cooperation regarding the CSIRTs network, including with regard to mutual assistance;

(c)	cyber_threat intelligence, including situational awareness;

(d)	on any topic requiring CERT-EU’s technical cybersecurity expertise.

5.   Within its competence, CERT-EU shall engage in structured cooperation with ENISA on capacity building, operational cooperation and long-term strategic analyses of cyber_threats in accordance with Regulation (EU) 2019/881. CERT-EU may cooperate and exchange information with Europol’s european Cybercrime Centre.

6.   CERT-EU may provide the following services not described in its service catalogue (chargeable services):

(a)

services that support the cybersecurity of Union_entities’ ICT environment, other than those referred to in paragraph 3, on the basis of service level agreements and subject to available resources, in particular broad-spectrum network monitoring, including first-line 24/7 monitoring for high-severity cyber_threats;

(b)	services that support cybersecurity operations or projects of Union_entities, other than those to protect their ICT environment, on the basis of written agreements and with the prior approval of the IICB;

(c)	upon request, a proactive scanning of the network_and_information_systems of the Union entity concerned to detect vulnerabilities with a potential significant impact;

(d)

services that support the security of their ICT environment to organisations other than the Union_entities that cooperate closely with Union_entities, for instance by having tasks or responsibilities conferred under Union law, on the basis of written agreements and with the prior approval of the IICB.

With regard to the first subparagraph, point (d), CERT-EU may, on an exceptional basis, enter into service level agreements with entities other than the Union_entities with the prior approval of the IICB.

7.   CERT-EU shall organise and may participate in cybersecurity exercises or recommend participation in existing exercises, where applicable in close cooperation with ENISA, to test the level of cybersecurity of the Union_entities.

8.   CERT-EU may provide assistance to Union_entities regarding incidents in network_and_information_systems handling EUCI where it is explicitly requested to do so by the Union_entities concerned in accordance with their respective procedures. The provision of assistance by CERT-EU under this paragraph shall be without prejudice to applicable rules concerning the protection of classified information.

9.   CERT-EU shall inform Union_entities about its incident handling procedures and processes.

10.   CERT-EU shall contribute, with a high level of confidentiality and reliability, via the appropriate cooperation mechanisms and reporting lines, relevant and anonymised information about major incidents and the manner in which they were handled. That information shall be included in the report referred to in Article 10(14).

11.   CERT-EU shall, in cooperation with the EDPS, support the Union_entities concerned when addressing incidents resulting in personal data breaches, without prejudice to the competence and tasks of the EDPS as a supervisory authority under Regulation (EU) 2018/1725.

12.   CERT-EU may, if expressly requested by Union_entities’ policy departments, provide technical advice or input on relevant policy matters.

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.   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.

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:

(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.

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.