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keyboard_tab Cyber Resilience Act 2023/2841 EN

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2023/2841 EN cercato: 'proposal' . Output generated live by software developed by IusOnDemand srl


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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:

(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.

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_entitiescybersecurity 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 14

Guidelines, recommendations and calls for action

1.   CERT-EU shall support the implementation of this Regulation by issuing:

(a)

calls for action describing urgent security measures that Union_entities are urged to take within a set timeframe;

(b)

proposals to the IICB for guidelines addressed to all or a subset of the Union_entities;

(c)

proposals to the IICB for recommendations addressed to individual Union_entities.

With regard to the first subparagraph, point (a), the Union entity concerned shall, without undue delay after receiving the call for action, inform CERT-EU of how the urgent security measures were applied.

2.   Guidelines and recommendations may include:

(a)

common methodologies and a model for assessing the cybersecurity maturity of the Union_entities, including the corresponding scales or KPIs, serving as reference in support of continuous cybersecurity improvement across the Union_entities and facilitating the prioritisation of cybersecurity domains and measures taking into account entities’ cybersecurity posture;

(b)

arrangements for or improvements to cybersecurity risk management and the cybersecurity risk-management measures;

(c)

arrangements for cybersecurity maturity assessments and cybersecurity plans;

(d)

where appropriate, the use of common technology, architecture, open source and associated best practices with the aim of achieving interoperability and common standards, including a coordinated approach to supply chain security;

(e)

where appropriate, information to facilitate the use of common procurement instruments for the purchasing of relevant cybersecurity services and products from third-party suppliers;

(f)

information-sharing arrangements pursuant to Article 20.

Article 22

Incident response coordination and cooperation

1.   In acting as a cybersecurity information exchange and incident response coordination hub, CERT-EU shall facilitate information exchange with regards to incidents, cyber_threats, vulnerabilities and near_misses among:

(a)

Union_entities;

(b)

the counterparts referred to in Articles 17 and 18.

2.   CERT-EU, where relevant in close cooperation with ENISA, shall facilitate coordination among Union_entities on incident response, including:

(a)

contribution to consistent external communication;

(b)

mutual support, such as sharing information relevant to Union_entities, or providing assistance, where relevant directly on site;

(c)

optimal use of operational resources;

(d)

coordination with other crisis response mechanisms at Union level.

3.   CERT-EU, in close cooperation with ENISA, shall support Union_entities regarding situational awareness of incidents, cyber_threats, vulnerabilities and near_misses as well as sharing relevant developments in the field of cybersecurity.

4.   By 8 January 2025, the IICB shall, on the basis of a proposal by CERT-EU, adopt guidelines or recommendations on incident response coordination and cooperation for significant incidents. Where the criminal nature of an incident is suspected, CERT-EU shall advise on how to report the incident to law enforcement authorities, without undue delay.

5.   Following a specific request from a Member State and with the approval of the Union_entities concerned, CERT-EU may call on experts from the list referred to in Article 23(4), for contributing to the response to a major incident which has an impact in that Member State, or a large-scale cybersecurity incident in accordance with Article 15(3), point (g), of Directive (EU) 2022/2555. Specific rules on access to and the use of technical experts from Union_entities shall be approved by the IICB on the basis of a proposal by CERT-EU.

Article 25

Review

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.


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