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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.

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[Horizon Europe Regulation],      in line with Regulation XXX       in line with Regulation XXX        be implemented in line with which provides that research and  [Horizon Europe Regulation],      [Horizon Europe Regulation],       Regulation XXX [Horizon Europe innovation activities carried out which provides that research and  which provides that research and   Regulation], which provides that under Horizon Europe shall have   innovation activities carried out innovation activities carried out  research and innovation activities a focus on civil applications.    under Horizon Europe shall have   under Horizon Europe shall have    carried out under Horizon Europe a focus on civil applications.    a focus on civil applications.     shall have a focus on civil applications. [Changes from both Council and EP retained (Council change marked in dark green to facilitate identification)] (18a) This initiative should not   (18a) This initiative should not utilise resources from Horizon     utilise resources from Horizon Europe to fund projects which      Europe to fund projects which have a focus on military           have a focus on military applications.                      applications. [EP proposed no changes. Council changes retained (marked in dark      38 green to facilitate identification)] (18b) The enhancement of dual      18b) The enhancement of dual          39 use application of                 use application of cybersecurity cybersecurity technologies for     technologies for cybersecurity cybersecurity purposes is          purposes is without prejudice to without prejudice to the           the civilian nature of this civilian nature of this            Regulation and should therefore Regulation and should              reflect specificities of Member therefore reflect specificities of States in cases when Member States in cases when        cybersecurity policy is pursued xxxxx/18                                                                                                EB/kp                                 34 ANNEX                                                                JAI.2                          LIMITE                                   EN
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cybersecurity policy is pursued    by civil-military or military by civil-military or military      authorities, and ensure authorities, and ensure            complementarity but not complementarity but not            overlap to the cyber defence overlap to the cyber defence       related funding instruments. related funding instruments. [EP proposed no changes. Council changes retained (marked in dark green to facilitate identification)] (19) In order to ensure structured (19) In order to ensure           (19) In order to ensure            (19) In order to ensure structured and sustainable collaboration, the structured and sustainable        structured and sustainable         and sustainable collaboration, the relation between the Competence    collaboration, the relation       collaboration, the relation        relation between the Competence Centre and the National            between the Competence Centre     between the Competence Centre      Centre and the National Coordination Centres should be     and the National Coordination     and the National Coordination      Coordination Centres should be based on a contractual agreement.  Centres should be based on a      Centres should be based on a       based on a contractual agreement. contractual agreement that        contractual agreement.             [Council changes retained should be harmonised at Union                                        (marked in dark green to facilitate level.                                                               identification). EP changes not retained. Reason: understanding that EP is flexible on governance     40 issues] (20) Appropriate provisions        (20) Appropriate provisions       (20) Appropriate provisions        (20) Appropriate provisions           41 should be made to guarantee the    should be made to guarantee the   should be made to guarantee the    should be made to guarantee the liability and transparency of the  liability and transparency of the liability and transparency of the  liability and transparency of the Competence Centre.                 Competence Centre and those       Competence Centre.                 Competence Centre and those undertakings receiving funding.                                      undertakings receiving funding. [Council proposed no changes, apart from the usual removal of xxxxx/18                                                                                                 EB/kp                                 35 ANNEX                                                                 JAI.2                          LIMITE                                   EN
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"competence" from the name. EP changes retained] (20a) The implementation of                20a) The implementation of deployment projects, in                    deployment projects, in particular those relating to               particular those relating to infrastructures and capabilities           infrastructures and capabilities deployed at European level or              deployed at European level or in in joint procurement, can be               joint procurement, can be divided divided into different phases of           into different phases of implementation, such as                    implementation, such as separate separate tenders for the                   tenders for the architecture of architecture of hard- and                  hard- and software, their software, their production and             production and their operation their operation and                        and maintenance, whereas maintenance, whereas                       companies may only participate companies may only participate             in one of the phases each and in one of the phases each and              requiring that the beneficiaries in requiring that the beneficiaries           one or several of those phases in one or several of those                 meet certain conditions in terms phases meet certain conditions             of European ownership or in terms of European                       control. ownership or control. [Council proposed no changes. EP changes retained. Council should take a position on this additional text, which is rather specific (although not prescriptive as it is indicated "can be", and refers to 42 European ownership or control.] xxxxx/18                                            EB/kp                                36 ANNEX                                     JAI.2 LIMITE                                  EN
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(20b) With ENISA being the                                           [Council proposed no changes. EP dedicated Union cybersecurity                                        changes not retained. Reason: agency, the Competence Centre                                        ENISA should not scrutinise the should seek the greatest                                             Centre, which should keep its possible synergies with it and                                       independence, but cooperate with the Governing Board should                                           it. Synergies between the Centre consult ENISA due to its                                             and ENISA are already stressed in experience in the field in all                                       several other parts of the text] matters regarding cybersecurity, in particular on 43 research-related projects. (20c) In the process of the                                          [Council proposed no changes. EP nomination of the                                                    changes not retained. Reason: EP representative to the Governing                                      should not scrutinise MS Board, the European                                                  nominations, in the same way it Parliament should include                                            does not oversee MS nominations details of the mandate,                                              to eg H2020 programme including the obligation to                                          committees or to ENISA report regularly to the                                              Management Board. The EP will European Parliament, or the                                          in any case scrutinise report on 44 committees responsible.                                              the Centre activities (article 38.2)] (21) In view of their respective (21) In view of their respective  (21) In view of their respective   (21) In view of their respective       45 expertise in cybersecurity, the  expertise in cybersecurity and in its expertise in cybersecurity     expertise in cybersecurity, and in Joint Research Centre of the     order to ensure greatest          and its mandate as a reference     order to ensure greatest possible Commission as well as the        possible synergies, the Joint     point for advice and expertise     synergies, the Joint Research European Network and             Research Centre of the            on cybersecurity for Union         Centre of the Commission as well Information Security Agency      Commission as well as the         institutions, agencies and         as the European Network and (ENISA) should play an active    European Network and              bodies as well as relevant         Information Security Agency part in the Cybersecurity        Information Security Agency       Union stakeholders, as well as     (ENISA) should play an active xxxxx/18                                                                                               EB/kp                                  37 ANNEX                                                               JAI.2                          LIMITE                                    EN
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Competence Community and the       (ENISA) should play an active       its collection of inputs through  part in the Cybersecurity Industrial and Scientific Advisory part in the Cybersecurity           its missions for instance on      Competence Community and the Board.                             Competence Community and the        cybersecurity certification and   Industrial and Scientific Advisory Industrial and Scientific           standardisation the Joint         Board, avoiding any duplication Advisory Board. ENISA should        Research Centre of the            of their efforts in particular continue to fulfil its strategic    Commission as well as the         through its ENISA role as objectives especially in the field  European Union Network and        observer in the Governing of cybersecurity certification as   Information Security Agency for   Board. defined in Regulation (EU)          Cybersecurity (ENISA) should 2019/XXX [Cybersecurity Act]     1a play an active part in the        [Some Council and EP changes while the Competence Centre         Cybersecurity Competence          retained but not all. Reason: re- should act as an operational        Community and the Industrial      stating here the details of ENISA body in cybersecurity .             and Scientific Advisory Board in  mandate is unnecessary. the activities of the Centre,     Moreover, the EP proposed __________________                  avoiding any duplication of       change stating that ENISA their efforts in particular       focuses on certification as 1a Regulation (EU) 2019/… of        through its role as observer in   opposed t the Centre being "an the European Parliament and         the Governing Board.              operational body on of the Council of … on ENISA                                          cybersecurity" is controversial (the European Union Agency                                            and not accurate. ENISA has for Cybersecurity) and on                                             acquired "operational tasks" on information and                                                       certification, and stressing the communications technology                                             operational capacities of the cybersecurity certification and                                       Centre is problematic for the repealing Regulation (EU) No                                          Council. The point on synergies is 526/2013 (Cybersecurity Act)                                          otherwise sufficiently made with (OJ L ...) (2017/0225(COD)).                                          the retained text] (22) Where they receive a          (22) Where they receive a           (22) Where they receive a         (22) Where they receive a           46 financial contribution from the    financial contribution from the     financial contribution from the   financial contribution from the general budget of the Union, the   general budget of the Union, the    general budget of the Union, the  general budget of the Union, the xxxxx/18                                                                                                  EB/kp                               38 ANNEX                                                                   JAI.2                         LIMITE                                 EN
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National Coordination Centres       National Coordination Centres       National Coordination Centres       National Coordination Centres and the entities which are part of  and the entities which are part of  and the entities which are part of  and the entities which are part of the Cybersecurity Competence        the Cybersecurity Competence        the Cybersecurity Competence        the Cybersecurity Competence Community should publicise the      Community should publicise the      Community should publicise the      Community should publicise the fact that the respective activities fact that the respective activities fact that the respective activities fact that the respective activities are undertaken in the context of    are undertaken in the context of    are undertaken in the context of    are undertaken in the context of the present initiative.             the present initiative.             the present initiative.             the present initiative. (23) The Union contribution to      (23) The Union contribution to      (23) The Union contribution to      (23) The Union contribution to the Competence Centre should        the Competence Centre should        the Competence Centre should        the Competence Centre should finance half of the costs arising   finance half of the costs arising   finance half of the costs arising   finance half of the costs arising from the establishment,             from the establishment,             from the establishment,             from the establishment, administrative and coordination     administrative and coordination     administrative and coordination     administrative and coordination activities of the Competence        activities of the Competence        activities of the Competence        activities of the Competence Centre, In order to avoid double    Centre, In order to avoid double    Centre, In order to avoid double    Centre, In order to avoid double funding, those activities should    funding, those activities should    funding, those activities should    funding, those activities should not benefit simultaneously from a   not benefit simultaneously from     not benefit simultaneously from     not benefit simultaneously from a contribution from other Union       a contribution from other Union     a contribution from other Union     contribution from other Union programmes.                         programmes.                         programmes.                         programmes. [EP made no changes. Council 47 changes retained]. (24) The Governing Board of the     (24) The Governing Board of         (24) The Governing Board of         (24) The Governing Board of the      48 Competence Centre, composed of      the Competence Centre,              the Competence Centre,              Competence Centre, composed of the Member States and the           composed of the Member States       composed of the Member States       the Member States and the Commission, should define the       and the Commission, should          and the Commission, should          Commission, should define the general direction of the            define the general direction of     define the general direction of     general direction of the Competence Centre’s operations,     the Competence Centre’s             the Competence Centre’s             Competence Centre’s operations, and ensure that it carries out its  operations, and ensure that it      operations, and ensure that it      and ensure that it carries out its tasks in accordance with this       carries out its tasks in            carries out its tasks in            tasks in accordance with this xxxxx/18                                                                                                     EB/kp                                39 ANNEX                                                                    JAI.2                           LIMITE                                  EN
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Regulation. The Governing Board     accordance with this Regulation.  accordance with this Regulation.  Regulation. The Governing Board should be entrusted with the        The Governing Board should be     The Governing Board should be     should be entrusted with the powers necessary to establish the   entrusted with the powers         entrusted with the powers         powers necessary to establish the budget, verify its execution, adopt necessary to establish the        necessary to establish the        budget, verify its execution, adopt the appropriate financial rules,    budget, verify its execution,     budget, verify its execution,     the appropriate financial rules, establish transparent working       adopt the appropriate financial   adopt the appropriate financial   establish transparent working procedures for decision making      rules, establish transparent      rules, establish transparent      procedures for decision making by by the Competence Centre, adopt     working procedures for decision   working procedures for decision   the Competence Centre, adopt the the Competence Centre’s work        making by the Competence          making by the Competence          Competence Centre’s work plan plan and multiannual strategic      Centre, adopt the Competence      Centre, adopt the Competence      and multiannual strategic plan plan reflecting the priorities in   Centre’s work plan and            Centre’s work plan and            reflecting the priorities in achieving the objectives and tasks  multiannual strategic plan        multiannual strategic plan        achieving the objectives and tasks of the Competence Centre, adopt     reflecting the priorities in      reflecting the priorities in      of the Competence Centre, adopt its rules of procedure, appoint the achieving the objectives and      achieving the objectives and      its rules of procedure, appoint the Executive Director and decide on    tasks of the Competence Centre,   tasks of the Competence Centre,   Executive Director and decide on the extension of the Executive      adopt its rules of procedure,     adopt its rules of procedure,     the extension of the Executive Director’s term of office and on    appoint the Executive Director    appoint the Executive Director    Director’s term of office and on the termination thereof.            and decide on the extension of    and decide on the extension of    the termination thereof. In order the Executive Director’s term of  the Executive Director’s term of  to benefit from synergies, ENISA office and on the termination     office and on the termination     should be a permanent observer thereof. In order to benefit from thereof.                          in the Governing Board and synergies, ENISA should be a                                        contribute the work of the permanent observer in the                                           Competence Centre. Governing Board and contribute the work of the                                          [Council proposed no changes Competence Centre, including                                        apart from usual removal of by being consulted on the multi-                                    "competence" from name. EP annual strategic plan and on                                        changes not retained. Reason: as the work plan and on the list of                                    for amendments 16a and 20b, actions selected for funding.                                       ENISA should not scrutinise the xxxxx/18                                                                                                 EB/kp                                40 ANNEX                                                                  JAI.2                         LIMITE                                  EN
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Centre, especially not regarding strategic or implementation choices regarding support from EU funding. The Centre should keep its independence why seeking synergies with ENISA] (24a) The Governing Board                                             [Council proposed no changes. EP should aim to promote the                                             changes not retained. Reason: this Competence Centre globally, so                                        suggests operational capacities of as to raise its attractiveness and                                    the Centre, which is controversial make it a world-class body for                                        for Council so should not be excellence in cybersecurity.                                          stressed, while main focus of the Centre is anyway management of 49 EU programmes] (25) In order for the Competence    (25) In order for the              (25) In order for the              (25) In order for the Competence     50 Centre to function properly and     Competence Centre to function      Competence Centre to function      Centre to function properly and effectively, the Commission and     properly and effectively, the      properly and effectively, the      effectively, the Commission and the Member States should ensure     Commission and the Member          Commission and the Member          the Member States should ensure that persons to be appointed to the States should ensure that persons  States should ensure that persons  that persons to be appointed to the Governing Board have                to be appointed to the Governing   to be appointed to the Governing   Governing Board have appropriate professional expertise  Board have appropriate             Board have appropriate             appropriate professional expertise and experience in functional        professional expertise and         professional expertise and         and experience in functional areas. The Commission and the       experience in functional areas.    experience in functional areas.    areas. The Commission and the Member States should also make      The Commission and the             The Commission and the             Member States should also make efforts to limit the turnover of    Member States should also make     Member States should also make     efforts to limit the turnover of their respective Representatives    efforts to limit the turnover of   efforts to limit the turnover of   their respective Representatives on the Governing Board in order     their respective Representatives   their respective Representatives   on the Governing Board in order to ensure continuity in its work.   on the Governing Board in order    on the Governing Board in order    to ensure continuity in its work to ensure continuity in its work   to ensure continuity in its work.  and aim to achieve gender xxxxx/18                                                                                                   EB/kp                                41 ANNEX                                                                   JAI.2                          LIMITE                                  EN
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and aim to achieve gender                                            balance. balance. [Changes from Council and EP both retained] (25a) The weight of the                                              (25a) The weight of the Commission vote in the                                               Commission vote in the decisions decisions of the Governing                                           of the Governing Board should Board should be in line with the                                     be in line with the contribution of contribution of the Union                                            the Union budget to the budget to the Competence                                             Competence Centre, according to Centre, according to the                                             the Commission responsibility to Commission responsibility to                                         ensure proper management of ensure proper management of                                          the Union budget in the Union the Union budget in the Union                                        interest, as set in the Treaties. interest, as set in the Treaties. [Council proposed no changes. EP 51 changes retained] (26) The smooth functioning of    (26) The smooth functioning of    (26) The smooth functioning of     (26) The smooth functioning of       52 the Competence Centre requires    the Competence Centre requires    the Competence Centre requires     the Competence Centre requires that its Executive Director be    that its Executive Director be    that its Executive Director be     that its Executive Director be appointed on grounds of merit and appointed in a transparent        appointed on grounds of merit      appointed in a transparent documented administrative and     manner on the grounds of merit    and documented administrative      manner on the grounds of merit managerial skills, as well as     and documented administrative     and managerial skills, as well as  and documented administrative competence and experience         and managerial skills, as well as competence and experience          and managerial skills, as well as relevant for cybersecurity, and   competence and experience         relevant for cybersecurity, and    competence and experience that the duties of the Executive  relevant for cybersecurity, and   that the duties of the Executive   relevant for cybersecurity, and Director be carried out with      that the duties of the Executive  Director be carried out with       that the duties of the Executive complete independence.            Director be carried out with      complete independence.             Director be carried out with complete independence. xxxxx/18                                                                                                EB/kp                                42 ANNEX                                                                JAI.2                          LIMITE                                  EN
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complete independence. [Changes from Council and EP both retained] (27) The Competence Centre          (27) The Competence Centre         (27) The Competence Centre         (27) The Competence Centre           53 should have an Industrial and       should have an Industrial and      should have an Industrial and      should have an Industrial and Scientific Advisory Board as an     Scientific Advisory Board as an    Scientific Advisory Board as an    Scientific Advisory Board as an advisory body to ensure regular     advisory body to ensure regular    advisory body to ensure regular    advisory body to ensure regular dialogue with the private sector,   and appropriately transparent      dialogue with the private sector,  and appropriately transparent consumers’ organisations and        dialogue with the private sector,  consumers’ organisations and       dialogue with the private sector, other relevant stakeholders. The    consumers’ organisations and       other relevant stakeholders. The   consumers’ organisations and Industrial and Scientific Advisory  other relevant stakeholders. It    Industrial and Scientific          other relevant stakeholders. It Board should focus on issues        should also provide the            Advisory Board should focus on     should also provide the Executive relevant to stakeholders and bring  Executive Director and the         issues relevant to stakeholders    Director and the Governing them to the attention of the        Governing Board with               and bring them to the attention    Board with independent advice Competence Centre's Governing       independent advice on              of the Competence Centre's         on deployment and procurement. Board. The composition of the       deployment and procurement.        Governing Board. The               The Industrial and Scientific Industrial and Scientific Advisory  The Industrial and Scientific      composition of the Industrial      Advisory Board should focus on Board and the tasks assigned to it, Advisory Board should focus on     and Scientific Advisory Board      issues relevant to stakeholders and such as being consulted regarding   issues relevant to stakeholders    and the tasks assigned to it, such bring them to the attention of the the work plan, should ensure        and bring them to the attention    as being consulted regarding the   Competence Centre's Governing sufficient representation of        of the Competence Centre's         work plan, should ensure           Board. The composition of the stakeholders in the work of the     Governing Board. The               sufficient representation of       Industrial and Scientific Advisory Competence Centre.                  composition of the Industrial      stakeholders in the work of the    Board and the tasks assigned to it, and Scientific Advisory Board      Competence Centre.                 such as being consulted regarding and the tasks assigned to it, such                                    the work plan, should ensure as being consulted regarding the                                      sufficient representation of work plan, should ensure                                              various categories of stakeholders sufficient representation of                                          in the work of the Competence stakeholders in the work of the                                       Centre, with particular attention xxxxx/18                                                                                                   EB/kp                                43 ANNEX                                                                   JAI.2                          LIMITE                                  EN
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