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Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

Union_entities’ means the Union institutions, bodies, offices and agencies set up by or pursuant to the Treaty on European Union, the Treaty on the Functioning of European Union (TFEU) or the Treaty establishing the European Atomic Energy Community;

(2)

network_and_information_system’ means a network_and_information_system as defined in Article 6, point (1), of Directive (EU) 2022/2555;

(3)

‘security of network_and_information_systems’ means security of network_and_information_systems as defined in Article 6, point (2), of Directive (EU) 2022/2555;

(4)

cybersecurity’ means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881;

(5)

highest_level_of_management’ means a manager, management body or coordination and oversight body that is responsible for the functioning of a Union entity, at the most senior administrative level, with a mandate to adopt or authorise decisions in line with the high-level governance arrangements of that Union entity, without prejudice to the formal responsibilities of other levels of management for compliance and cybersecurity risk management in their respective areas of responsibility;

(6)

near_miss’ means a near_miss as defined in Article 6, point (5), of Directive (EU) 2022/2555;

(7)

incident’ means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555;

(8)

‘major incident’ means an incident which causes a level of disruption that exceeds a Union entity’s and CERT-EU’s capacity to respond to it or which has a significant impact on at least two Union_entities;

(9)

‘large-scale cybersecurity incident’ means a large-scale cybersecurity incident as defined in Article 6, point (7), of Directive (EU) 2022/2555;

(10)

incident handling’ means incident handling as defined in Article 6, point (8), of Directive (EU) 2022/2555;

(11)

cyber_threat’ means a cyber_threat as defined in Article 2, point (8), of Regulation (EU) 2019/881;

(12)

‘significant cyber_threat’ means a significant cyber_threat as defined in Article 6, point (11), of Directive (EU) 2022/2555;

(13)

vulnerability’ means a vulnerability as defined in Article 6, point (15), of Directive (EU) 2022/2555;

(14)

cybersecurity risk’ means a risk as defined in Article 6, point (9), of Directive (EU) 2022/2555;

(15)

cloud_computing_service’ means a cloud_computing_service as defined in Article 6, point (30), of Directive (EU) 2022/2555.

Article 13

CERT-EU mission and tasks

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.

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.


whereas









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