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 IICB shall, pursuant to Article 10(2) and Article 11, effectively monitor the implementation of this Regulation and of adopted guidelines, recommendations and calls for action by the Union_entities. The IICB may request information or documentation necessary for that purpose from the Union_entities. For the purpose of adopting compliance measures under this Article, where the Union entity concerned is directly represented on the IICB, that Union entity shall not have voting rights.

2.   Where the IICB finds that a Union entity has not effectively implemented this Regulation or guidelines, recommendations or calls for action issued pursuant thereto, it may, without prejudice to the internal procedures of the Union entity concerned, and after giving an opportunity to the Union entity concerned to present its observations:

For the purposes of the first subparagraph, point (c), the audience of a warning shall be restricted appropriately, where necessary in view of the cybersecurity risk.

Warnings and recommendations issued pursuant to the first subparagraph shall be directed to the highest_level_of_management of the Union entity concerned.

3.   Where the IICB has adopted measures under paragraph 2, first subparagraph, points (a) to (g), the Union entity concerned shall provide details of the measures and actions taken to address the alleged shortcomings identified by the IICB. The Union entity shall submit those details within a reasonable period to be agreed with the IICB.

4.   Where the IICB considers that there is persistent infringement of this Regulation by a Union entity resulting directly from actions or omissions of an official or other servant of the Union, including at the highest_level_of_management, the IICB shall request that the Union entity concerned take appropriate action, including requesting it to consider taking action of a disciplinary nature, in accordance with the rules and procedures laid down in the Staff Regulations and any other applicable rules and procedures. To that end, the IICB shall transfer the necessary information to the Union entity concerned.

5.   Where Union_entities notify that they are unable to meet the deadlines set out in Article 6(1) and Article 8(1), the IICB may, in duly substantiated cases, taking into account the size of the Union entity, authorise the extension of those deadlines.

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:

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:

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):

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

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:

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.   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:

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.

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.   An incident shall be considered to be significant if:

2.    Union_entities shall submit to CERT-EU:

3.   A Union entity shall, without undue delay and in any event within 24 hours of becoming aware of a significant incident, inform any relevant Member State counterparts referred to in Article 17(1) in the Member State where it is located that a significant incident has occurred.

4.   The Union_entities shall notify, inter alia, any information enabling CERT-EU to determine any cross-entity impact, impact on the hosting Member State or cross-border impact following a significant incident. Without prejudice to Article 12, the mere act of notification shall not subject the Union entity to increased liability.

5.   Where applicable, Union_entities shall communicate, without undue delay, to the users of the network_and_information_systems affected, or of other components of the ICT environment, that are potentially affected by a significant incident or a significant cyber_threat, and, where appropriate, need to take mitigating measures, any measures or remedies that they can take in response to that incident or that threat. Where appropriate, Union_entities shall inform those users of the significant cyber_threat itself.

6.   Where a significant incident or significant cyber_threat affects a network_and_information_system, or a component of a Union entity’s ICT environment that is knowingly connected with another Union entity’s ICT environment, CERT-EU shall issue a relevant cybersecurity alert.

7.   The Union_entities, upon the request of CERT-EU, shall, without undue delay, provide CERT-EU with digital information created by the use of electronic devices involved in their respective incidents. CERT-EU may provide further details of the types of information that it requires for situational awareness and incident response.

8.   CERT-EU shall submit to the IICB, ENISA, the EU INTCEN and the CSIRTs network, every three months, a summary report including anonymised and aggregated data on significant incidents, incidents, cyber_threats, near_misses and vulnerabilities pursuant to Article 20 and significant incidents notified pursuant to paragraph 2 of this Article. The summary 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.

9.   By 8 July 2024, the IICB shall issue guidelines or recommendations further specifying the arrangements for, and format and content of, the reporting pursuant to this Article. When preparing such guidelines or recommendations, the IICB shall take into account any implementing acts adopted pursuant to Article 23(11) of Directive (EU) 2022/2555 specifying the type of information, the format and the procedure of notifications. CERT-EU shall disseminate the appropriate technical details to enable proactive detection, incident response or mitigating measures by Union_entities.

10.   The reporting obligations laid down in this Article shall not extend to:

1.   In order to support at operational level the coordinated management of major incidents affecting Union_entities and to contribute to the regular exchange of relevant information among Union_entities and with Member States, the IICB shall, pursuant to Article 11, point (q), establish a cyber crisis management plan based on the activities referred to in Article 22(2), in close cooperation with CERT-EU and ENISA. The cyber crisis management plan shall include at least the following elements:

2.   The Commission representative in the IICB shall, subject to the cyber crisis management plan established pursuant to paragraph 1 of this Article and without prejudice to Article 16(2), first subparagraph, of Directive (EU) 2022/2555, be the point of contact for the sharing of relevant information in relation to major incidents with EU-CyCLONe.

3.   CERT-EU shall coordinate among the Union_entities the management of major incidents. It shall maintain an inventory of the available technical expertise that would be needed for incident response in the event of major incidents and assist the IICB in coordinating Union_entities’ cyber crisis management plans for major incidents referred to in Article 9(2).

4.   The Union_entities shall contribute to the inventory of technical expertise by providing an annually updated list of experts available within their respective organisations detailing their specific technical skills.