keyboard_tab Cyber Resilience Act 2023/2841 EN
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- 1 Art. 16 Financial and staffing matters
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 55
- cert-eu 54
- iicb 34
- article 24
- head 22
- union 20
- union_entities 18
- the 16
- european 15
- cybersecurity 14
- entity 12
- service 12
- pursuant 11
- member 11
- basis 11
- financial 11
- provided 10
- commission 10
- chair 10
- information 10
- including 10
- level 9
- procedure 9
- proposal 8
- annual 8
- referred 8
- state 8
- implementation 8
- directive 8
- regulation 8
- accordance 8
- affected 8
- approve 8
- from 8
- incidents 7
- management 7
- eu / 7
- report 7
- established 7
- which 6
- into 6
- administrative 6
- services 6
- designated 6
- reports 6
- catalogue 5
- point 5
- under 5
- relevant 5
- cooperation 5
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 11
Tasks of the IICB
When exercising its responsibilities, the IICB shall, in particular:
| (a) | provide guidance to the head of CERT-EU; |
| (b) | effectively monitor and supervise the implementation of this Regulation and support the Union_entities in strengthening their cybersecurity, including, where appropriate, requesting ad-hoc reports from Union_entities and CERT-EU; |
| (c) | following a strategic discussion, adopt a multiannual strategy on raising the level of cybersecurity in the Union_entities, asses that strategy on a regular basis and in any event every five years and, where necessary, amend that strategy; |
| (d) | establish the methodology and organisational aspects for the conduct of voluntary peer reviews by Union_entities, with a view to learning from shared experiences, strengthening mutual trust, achieving a high common level of cybersecurity, as well as enhancing Union_entities’ cybersecurity capabilities, ensuring that such peer reviews are conducted by cybersecurity experts designated by a Union entity different from the Union entity being reviewed and that the methodology is based on Article 19 of Directive (EU) 2022/2555 and is, where appropriate, adapted to the Union_entities; |
| (e) | approve, on the basis of a proposal by the head of CERT-EU, CERT-EU’s annual work programme and monitor its implementation; |
| (f) | approve, on the basis of a proposal by the head of CERT-EU, CERT-EU’s service catalogue and any updates thereof; |
| (g) | approve, on the basis of a proposal by the head of CERT-EU, the annual financial planning of revenue and expenditure, including staffing, for CERT-EU activities; |
| (h) | approve, on the basis of a proposal by the head of CERT-EU, the arrangements for service level agreements; |
| (i) | examine and approve the annual report drawn up by the head of CERT-EU covering the activities of, and management of funds by, CERT-EU; |
| (j) | approve and monitor key performance indicators (KPIs) for CERT-EU established on the basis of a proposal by the head of CERT-EU; |
| (k) | approve cooperation arrangements, service level agreements or contracts between CERT-EU and other entities pursuant to Article 18; |
| (l) | adopt guidelines and recommendations on the basis of a proposal by CERT-EU in accordance with Article 14 and instruct CERT-EU to issue, withdraw or modify a proposal for guidelines or recommendations, or a call for action; |
| (m) | establish technical advisory groups with specific tasks to assist the IICB’s work, approve their terms of reference and designate their respective Chairs; |
| (n) | receive and assess documents and reports submitted by the Union_entities under this Regulation, such as cybersecurity maturity assessments; |
| (o) | facilitate the establishment of an informal group of local cybersecurity officers of Union_entities, supported by ENISA, with the aim of exchanging best practices and information in relation to the implementation of this Regulation; |
| (p) | taking into account the information on the identified cybersecurity risks and lessons learnt provided by CERT-EU, monitor the adequacy of interconnectivity arrangements among the Union_entities’ ICT environments and advise on possible improvements; |
| (q) | establish a cyber crisis management plan with a view to supporting, at an operational level, the coordinated management of major incidents affecting Union_entities and to contributing to the regular exchange of relevant information, in particular with regard to the impacts and severity of, and the possible ways of mitigating the effects of, major incidents; |
| (r) | coordinate the adoption of individual Union_entities’ cyber crisis management plans referred to in Article 9(2); |
| (s) | adopt recommendations relating to supply chain security referred to in Article 8(2), first subparagraph, point (m), taking into account the results of Union level coordinated security risk assessments of critical supply chains referred to in Article 22 of Directive (EU) 2022/2555 to support Union_entities in adopting effective and proportionate cybersecurity risk-management measures. |
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 17
Cooperation of CERT-EU with Member State counterparts
1. CERT-EU shall, without undue delay, cooperate and exchange information with Member State counterparts, in particular the CSIRTs designated or established pursuant to Article 10 of Directive (EU) 2022/2555, or, where applicable, the competent authorities and single points of contact designated or established pursuant to Article 8 of that Directive, with regard to incidents, cyber_threats, vulnerabilities, near_misses, possible countermeasures as well as best practices and on all matters relevant for improving the protection of the ICT environments of Union_entities, including by means of the CSIRTs network established pursuant to Article 15 of Directive (EU) 2022/2555. CERT-EU shall support the Commission in EU-CyCLONe established pursuant to Article 16 of Directive (EU) 2022/2555 on the coordinated management of large-scale cybersecurity incidents and crises.
2. Where CERT-EU becomes aware of a significant incident occurring within the territory of a Member State, it shall, without delay, notify any relevant counterpart in that Member State, in accordance with paragraph 1.
3. Provided that personal data are protected in accordance with applicable Union data protection law, CERT-EU shall, without undue delay, exchange relevant incident-specific information with Member State counterparts to facilitate detection of similar cyber_threats or incidents, or to contribute to the analysis of an incident, without the authorisation of the Union entity affected. CERT-EU shall exchange incident-specific information which reveals the identity of the target of the incident only in the event of one of the following:
| (a) | the Union entity affected consents; |
| (b) | the Union entity affected does not consent as provided for in point (a) but the disclosure of the identity of the Union entity affected would increase the probability that incidents elsewhere would be avoided or mitigated; |
| (c) | the Union entity affected has already made public that it was affected. |
Decisions to exchange incident-specific information which reveals the identity of the target of the incident pursuant to the first subparagraph, point (b), shall be endorsed by the head of CERT-EU. Prior to issuing such a decision, CERT-EU shall contact the Union entity affected in writing, explaining clearly how the disclosure of its identity would help to avoid or mitigate incidents elsewhere. The head of CERT-EU shall provide the explanation and explicitly request the Union entity to state whether it consents within a set timeframe. The head of CERT-EU shall also inform the Union entity that, in light of the explanation provided, he or she reserves the right to disclose the information even in the absence of consent. The Union entity affected shall be informed before the information is disclosed.
whereas