4CT190319aftertechnicalmeeting_konvertiert
Dieses Dokument ist Teil der Anfrage „European Cybersecurity Industrial, Technology and Research Competence Centre and Network of National Coordination Centres“
Diese Anfrage wurde als Teil der Kampagne „Black Box EU“ gestellt.
1. The Competence Centre 1. The Competence Centre 1. The Competence Centre 1. The Competence Centre shall shall carry out its activities with a shall carry out its activities with shall carry out its activities with carry out its activities with the high level of transparency. the highest level of a high level of transparency. highest level of transparency. 472 transparency. 2. The Competence Centre 2. The Competence Centre 2. The Competence Centre 2. The Competence Centre shall shall ensure that the public and shall ensure that the public and shall ensure that the public and ensure that the public and any any interested parties are given any interested parties are any interested parties are given interested parties are provided with appropriate, objective, reliable provided with comprehensive, appropriate, objective, reliable comprehensive, appropriate, and easily accessible information, appropriate, objective, reliable and easily accessible objective, reliable and easily in particular with regard to the and easily accessible information, in particular with accessible information in due time, results of its work. It shall also information in due time, in regard to the results of its work. in particular with regard to the make public the declarations of particular with regard to the It shall also make public the results of the work of the interest made in accordance with results of the work of the declarations of interest made in Competence Centre, the Network, Article 41. Competence Centre, the accordance with Article 4142. the Industry and Scientific Network, the Industry and Advisory Board and the Scientific Advisory Board and Community. It shall also make the Community. It shall also public the declarations of interest make public the declarations of made in accordance with Article interest made in accordance with 42. 473 Article 42. 3. The Governing Board, 3. The Governing Board, 3. The Governing Board, 3. The Governing Board, acting acting on a proposal from the acting on a proposal from the acting on a proposal from the on a proposal from the Executive Executive Director, may authorise Executive Director, may Executive Director, may Director, may authorise interested interested parties to observe the authorise interested parties to authorise interested parties to parties to observe the proceedings proceedings of some of the observe the proceedings of some observe the proceedings of some of some of the Competence Competence Centre's activities. of the Competence Centre's of the Competence Centre's Centre's activities. 474 activities. activities. xxxxx/18 EB/kp 181 ANNEX JAI.2 LIMITE EN
4. The Competence Centre 4. The Competence Centre 4. The Competence Centre 4. The Competence Centre shall shall lay down, in its rules of shall lay down, in its rules of shall lay down, in its rules of lay down, in its rules of procedure, procedure, the practical procedure, the practical procedure, the practical the practical arrangements for arrangements for implementing arrangements for implementing arrangements for implementing implementing the transparency the transparency rules referred to the transparency rules referred to the transparency rules referred to rules referred to in paragraphs 1 in paragraphs 1 and 2. For actions in paragraphs 1 and 2. For in paragraphs 1 and 2. For and 2. For actions funded from funded from Horizon Europe this actions funded from Horizon actions funded from Horizon Horizon Europe this will take due will take due account of the Europe this will take due Europe this will take due account of the provisions in Annex provisions in Annex III of the account of the provisions in account of the provisions in III of the Horizon Europe Horizon Europe Regulation. Annex III of the Horizon Europe Annex III of the Horizon Europe Regulation. 475 Regulation. Regulation. Article 36 476 Article 36 Article 36 Article 36 Security rules on the protection Security rules on the Security rules on the of classified information and protection of classified protection of classified sensitive non-classified information and sensitive non- information and sensitive non- 477 information classified information classified information 1. Without prejudice to Article 1. Without prejudice to 1. Without prejudice to 35, the Competence Centre shall Article 35, the Competence Article 35, the Competence not divulge to third parties Centre shall not divulge to third Centre shall not divulge to third information that it processes or parties information that it parties classified information in receives in relation to which a processes or receives in relation whole or a part that it processes reasoned request for confidential to which a reasoned request for or receives in relation to which a treatment, in whole or in part, has confidential treatment, in whole reasoned request for confidential been made. or in part, has been made. treatment, in whole or in part, 478 has been made. xxxxx/18 EB/kp 182 ANNEX JAI.2 LIMITE EN
2. Members of the Governing 2. Members of the Governing 2. Members of the Governing Board, the Executive Director, Board, the Executive Director, the Board, the Executive Director, the members of the Industrial members of the Industrial and the members of the Industrial and Scientific Advisory Board, Scientific Advisory Board, and Scientific Advisory Board, external experts participating in external experts participating in external experts participating in ad hoc Working Groups, and ad hoc Working Groups, and ad hoc Working Groups, and members of the staff of the members of the staff of the Centre members of the staff of the Centre shall comply with the shall comply with the Centre shall comply with the confidentiality requirements confidentiality requirements confidentiality requirements under Article 339 of the Treaty under Article 339 of the Treaty on under Article 339 of the Treaty on the Functioning of the the Functioning of the European on the Functioning of the European Union, even after their Union, even after their duties European Union, even after their duties have ceased. The have ceased. duties have ceased. Governing Board of the Competence Centre shall adopt the Competence Centre's security rules, following approval by the Commission, based on the principles and rules laid down in the Commission's security rules for protecting European Union classified information (EUCI) and sensitive non-classified information including inter alia provisions for the processing and storage of such information as set out in Commission Decisions (EU, Euratom) 2015/443 and 479 2015/444 . xxxxx/18 EB/kp 183 ANNEX JAI.2 LIMITE EN
3. The Governing Board of 3. The Governing Board of the 3. The Governing Board of 480 the Competence Centre shall Competence Centre shall adopt the Competence Centre shall adopt the Competence Centre's the Competence Centre's security adopt the Competence Centre's security rules, following rules, following approval by the security rules, following approval by the Commission, Commission, based on the approval by the Commission, based on the principles and rules principles and rules laid down in based on the principles and rules laid down in the Commission's the Commission's security rules laid down in the Commission's security rules for protecting for protecting European Union security rules for protecting European Union classified classified information (EUCI) and European Union classified information (EUCI) and sensitive non-classified information (EUCI) and sensitive non-classified information including inter alia sensitive non-classified information including inter alia provisions for the processing and information including inter alia provisions for the processing and storage of such information as set provisions for the processing storage of such information as out in Commission Decisions and storage of such information 55 set out in Commission Decisions (EU, Euratom) 2015/443 and as set out in Commission 56 (EU, Euratom) 2015/443 and 2015/444 . Decisions (EU, Euratom) 57 58 2015/444. Members of the 2015/443 and 2015/444 . Governing Board, the Executive Director, the members of the Industrial and Scientific Advisory Board, external experts participating in ad hoc Working Groups, and members of the staff of the Centre shall comply 55 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41). 56 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53). 57 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41). 58 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53). xxxxx/18 EB/kp 184 ANNEX JAI.2 LIMITE EN
with the confidentiality requirements under Article 339 of the Treaty on the Functioning of the European Union, even after their duties have ceased. 4. The Competence Centre 4. The Competence Centre 4. The Competence Centre 4. The Competence Centre may may take all necessary measures may take all necessary measures may take all necessary measures take all necessary measures to to facilitate the exchange of to facilitate the exchange of to facilitate the exchange of facilitate the exchange of information relevant to its tasks information relevant to its tasks information relevant to its tasks information relevant to its tasks with the Commission and the with the Commission and the with the Commission and the with the Commission and the Member States and where Member States and where Member States and where Member States and where appropriate, the relevant Union appropriate, the relevant Union appropriate, the relevant Union appropriate, the relevant Union agencies and bodies. Any agencies and bodies. Any agencies and bodies. Any agencies and bodies. Any administrative arrangement administrative arrangement administrative arrangement administrative arrangement concluded to this end on sharing concluded to this end on sharing concluded to this end on sharing concluded to this end on sharing EUCI or, in the absence of such EUCI or, in the absence of such EUCI or, in the absence of such EUCI or, in the absence of such arrangement, any exceptional ad arrangement, any exceptional ad arrangement, any exceptional ad arrangement, any exceptional ad hoc release of EUCI shall have hoc release of EUCI shall have hoc release of EUCI shall have hoc release of EUCI shall have received the Commission's prior received the Commission's prior received the Commission's prior received the Commission's prior 481 approval. approval. approval. approval. 482 Article 37 Article 37 Article 37 Article 37 Access to documents Access to documents Access to documents Access to documents 483 1. Regulation (EC) 1. Regulation (EC) 1. Regulation (EC) 1. Regulation (EC) No 1049/2001 shall apply to No 1049/2001 shall apply to No 1049/2001 shall apply to No 1049/2001 shall apply to documents held by the documents held by the documents held by the documents held by the Competence 484 Competence Centre. Competence Centre. Competence Centre. Centre. xxxxx/18 EB/kp 185 ANNEX JAI.2 LIMITE EN
2. The Governing Board shall 2. The Governing Board 2. The Governing Board shall 2. The Governing Board shall adopt arrangements for shall adopt arrangements for adopt arrangements for adopt arrangements for implementing Regulation (EC) implementing Regulation (EC) implementing Regulation (EC) implementing Regulation (EC) No 1049/2001 within six months No 1049/2001 within six months No 1049/2001 within six months No 1049/2001 within six months of of the establishment of the of the establishment of the of the establishment of the the establishment of the 485 Competence Centre. Competence Centre. Competence Centre. Competence Centre. 3. Decisions taken by the 3. Decisions taken by the 3. Decisions taken by the 3. Decisions taken by the Competence Centre pursuant to Competence Centre pursuant to Competence Centre pursuant to Competence Centre pursuant to Article 8 of Regulation (EC) Article 8 of Regulation (EC) Article 8 of Regulation (EC) Article 8 of Regulation (EC) No 1049/2001 may be the subject No 1049/2001 may be the No 1049/2001 may be the No 1049/2001 may be the subject of a complaint to the Ombudsman subject of a complaint to the subject of a complaint to the of a complaint to the Ombudsman under Article 228 of Treaty on the Ombudsman under Article 228 Ombudsman under Article 228 under Article 228 of Treaty on the Functioning of the European of Treaty on the Functioning of of Treaty on the Functioning of Functioning of the European Union Union or of an action before the the European Union or of an the European Union or of an or of an action before the Court of Court of Justice of the European action before the Court of action before the Court of Justice Justice of the European Union Union under Article 263 of Justice of the European Union of the European Union under under Article 263 of Treaty on the Treaty on the Functioning of the under Article 263 of Treaty on Article 263 of Treaty on the Functioning of the European Union. European Union. the Functioning of the European Functioning of the European 486 Union. Union. 487 Article 38 Article 38 Article 38 Article 38 Monitoring, evaluation and Monitoring, evaluation and Monitoring, evaluation and Monitoring, evaluation and 488 review review review review 1. The Competence Centre 1. The Competence Centre 1. The Competence Centre 1. The Competence Centre shall 489 shall ensure that its activities, shall ensure that its activities, shall ensure that its activities, ensure that its activities, including including those managed through including those managed including those managed through those managed through the National the National Coordination through the National the National Coordination Coordination Centres and the xxxxx/18 EB/kp 186 ANNEX JAI.2 LIMITE EN
Centres and the Network, shall be Coordination Centres and the Centres and the Network, shall Network, shall be subject to subject to continuous and Network, shall be subject to be subject to continuous and continuous and systematic systematic monitoring and continuous and systematic systematic monitoring and monitoring and periodic evaluation. periodic evaluation. The monitoring and periodic periodic evaluation. The The Competence Centre shall Competence Centre shall ensure evaluation. The Competence Competence Centre shall ensure ensure that the data for monitoring that the data for monitoring Centre shall ensure that the data that the data for monitoring programme implementation and programme implementation and for monitoring programme programme implementation and results are collected efficiently, results are collected efficiently, implementation and results are results are collected efficiently, effectively, and in timely manner effectively, and in timely manner collected efficiently, effectively, effectively, and in timely manner and proportionate reporting and proportionate reporting and in timely manner and and proportionate reporting requirements shall be imposed on requirements shall be imposed on proportionate reporting requirements shall be imposed recipients of Union funds and recipients of Union funds and requirements shall be imposed on recipients of Union funds and Member States. The outcomes of Member States. The outcomes of on recipients of Union funds and Member States. The outcomes of the evaluation shall be made public. the evaluation shall be made Member States. The outcomes of the evaluation shall be made public. the evaluation shall be made public. public. 2. Once there is sufficient 2. Once there is sufficient 2. Once there is sufficient 2. Once there is sufficient 490 information available about the information available about the information available about the information available about the implementation of this implementation of this implementation of this implementation of this Regulation, Regulation, but no later than three Regulation, but no later than Regulation, but no later than but no later than three and a half and a half years after the start of three and a half years after the three and a half years after the years after the start of the the implementation of this start of the implementation of start of the implementation of implementation of this Regulation, Regulation, the Commission shall this Regulation, the Commission this Regulation, the Commission the Commission shall carry out an carry out an interim evaluation of shall carry out an interim shall carry out an interim interim evaluation of the the Competence Centre. The evaluation of the Competence evaluation of the Competence Competence Centre. The Commission shall prepare a Centre. The Commission shall Centre. The Commission shall Commission shall prepare a report report on that evaluation and shall prepare a report on that prepare a report on that on that evaluation and shall submit submit that report to the European evaluation and shall submit that evaluation and shall submit that that report to the European Parliament and to the Council by report to the European report to the European Parliament and to the Council by 31 xxxxx/18 EB/kp 187 ANNEX JAI.2 LIMITE EN
31 December 2024. The Parliament and to the Council by Parliament and to the Council by December 2024. The Competence Competence Centre and Member 31 December 2024. The 31 December 2024. The Centre and Member States shall States shall provide the Competence Centre and Member Competence Centre and Member provide the Commission with the Commission with the information States shall provide the States shall provide the information necessary for the necessary for the preparation of Commission with the Commission with the preparation of that report. that report. information necessary for the information necessary for the preparation of that report. preparation of that report. 3. The evaluation referred to 3. The evaluation referred to 3. The evaluation referred to 3. The evaluation referred to in in paragraph 2 shall include an in paragraph 2 shall include an in paragraph 2 shall include an paragraph 2 shall include an assessment of the results achieved assessment of the results assessment of the results assessment of the results achieved by the Competence Centre, achieved by the Competence achieved by the Competence by the Competence Centre, having having regard to its objectives, Centre, having regard to its Centre, having regard to its regard to its objectives, mandate mandate and tasks. If the objectives, mandate and tasks, objectives, mandate and tasks. If and tasks, effectiveness, and Commission considers that the effectiveness, and efficiency. If the Commission considers that efficiency. If the Commission continuation of the Competence the Commission considers that the continuation of the considers that the continuation of Centre is justified with regard to the continuation of the Competence Centre is justified the Competence Centre is justified its assigned objectives, mandate Competence Centre is justified with regard to its assigned with regard to its assigned and tasks, it may propose that the with regard to its assigned objectives, mandate and tasks, it objectives, mandate and tasks, it duration of the mandate of the objectives, mandate and tasks, it may propose that the duration of may propose that the duration of Competence Centre set out in may propose that the duration of the mandate of the Competence the mandate of the Competence Article 46 be extended. the mandate of the Competence Centre set out in Article 46 be Centre set out in Article 46 be Centre set out in Article 46 be extended. extended. 491 extended. 4. On the basis of the 4. On the basis of the 4. On the basis of the 492 conclusions of the interim conclusions of the interim conclusions of the interim evaluation referred to in evaluation referred to in evaluation referred to in paragraph 2 the Commission may paragraph 2 the Commission paragraph 2 the Commission act in accordance with [Article may act in accordance with may act in accordance with 22(5)] or take any other [Article 22(5)] or take any other [Article 22(54)] or take any other xxxxx/18 EB/kp 188 ANNEX JAI.2 LIMITE EN
appropriate actions. appropriate actions. appropriate actions. 5. The monitoring, evaluation, 5. The monitoring, 5. The monitoring, 5. The monitoring, evaluation, phasing out and renewal of the evaluation, phasing out and evaluation, phasing out and phasing out and renewal of the contribution from Horizon renewal of the contribution from renewal of the contribution from contribution from Horizon Europe Europe will follow the provisions Horizon Europe will follow the Horizon Europe will follow the will follow the provisions of of articles 8, 45 and 47 and provisions of articles 8, 45 and provisions of Articles 8, 45 and Articles 8, 45 and 47 and Annex III Annex III of the Horizon Europe 47 and Annex III of the Horizon 47 and Annex III of the Horizon of the Horizon Europe Regulation Regulation and agreed Europe Regulation and agreed Europe Regulation and agreed and agreed implementation 493 implementation modalities. implementation modalities. implementation modalities. modalities. 6. The monitoring, reporting 6. The monitoring, reporting 6. The monitoring, reporting 6. The monitoring, reporting and and evaluation of the contribution and evaluation of the and evaluation of the evaluation of the contribution from from Digital Europe will follow contribution from Digital Europe contribution from Digital Europe Digital Europe will follow the the provisions of articles 24, 25 of will follow the provisions of will follow the provisions of provisions of articles 24, 25 of the the Digital Europe programme. articles 24, 25 of the Digital articles 24, 25 of the Digital Digital Europe programme. 494 Europe programme. Europe programme. 7. In case of a winding up of 7. In case of a winding up of 7. In case of a winding up of 7. In case of a winding up of the 495 the Competence Centre, the the Competence Centre, the the Competence Centre, the Competence Centre, the Commission shall conduct a final Commission shall conduct a Commission shall conduct a Commission shall conduct a final evaluation of the Competence final evaluation of the final evaluation of the evaluation of the Competence Centre within six months after the Competence Centre within six Competence Centre within six Centre within six months after the winding-up of the Competence months after the winding-up of months after the winding-up of winding-up of the Competence Centre, but no later than two the Competence Centre, but no the Competence Centre, but no Centre, but no later than two years years after the triggering of the later than two years after the later than two years after the after the triggering of the winding- winding-up procedure referred to triggering of the winding-up triggering of the winding-up up procedure referred to in Article in Article 46 of this Regulation. procedure referred to in Article procedure referred to in Article 46 of this Regulation. The results of The results of that final evaluation 46 of this Regulation. The 46 of this Regulation. The that final evaluation shall be shall be presented to the results of that final evaluation results of that final evaluation presented to the European European Parliament and to the shall be presented to the shall be presented to the xxxxx/18 EB/kp 189 ANNEX JAI.2 LIMITE EN
Council. European Parliament and to the European Parliament and to the Parliament and to the Council. Council. Council. Article 38a (new) 496 Legal Personality of the 497 Competence Centre 1. The Competence Centre shall 498 have legal personality. 2. In each Member State, the Competence Centre shall enjoy the most extensive legal capacity accorded to legal persons under the law of that Member State. It may, in particular, acquire or dispose of movable and immovable property and may be a party to 499 legal proceedings Article 39 500 Article 39 Article 39 Article 39 Liability of the Competence Liability of the Competence Centre Liability of the Competence Centre Liability of the Competence Centre 1. The contractual liability of Centre 1. The contractual liability of the Competence Centre shall be 1. The contractual liability of the Competence Centre shall be governed by the law applicable the Competence Centre shall be governed by the law applicable to 1. The contractual liability of governed by the law applicable to to the agreement, decision or xxxxx/18 EB/kp 190 ANNEX JAI.2 LIMITE EN
