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.
financial penalties in accordance administrative and financial administrative and financial penalties in accordance with with Regulation XXX (EU, penalties in accordance with penalties in accordance with Regulation XXX (EU, Euratom) Euratom) of the European Regulation XXX (EU, Euratom) Regulation XXX (EU, Euratom) of the European Parliament and of 27 30 Parliament and of the Council of the European Parliament and of the European Parliament and the Council [the Financial 28 29 [the Financial Regulation]. of the Council [the Financial of the Council [the Financial Regulation]. Regulation]. Regulation]. (31) The Competence Centre (31) The Competence Centre (31) The Competence Centre (31) The Competence Centre 58 should operate in an open and should operate in an open and should operate in an open and should operate in an open and transparent way providing all transparent way transparent way providing all transparent way comprehensively relevant information in a timely comprehensively providing relevant information in a timely providing information in a timely manner as well as promoting its information in a timely manner manner as well as promoting its manner as well as promoting its activities, including information as well as promoting its activities, including information activities, including information and dissemination activities to the activities, including information and dissemination activities to and dissemination activities to the wider public. The rules of and dissemination activities to the wider public. The rules of wider public. It should should procedure of the bodies of the the wider public. It should procedure of the bodies of the make public the list of the Competence Centre should be provide the public and any Competence Centre should be Cybersecurity Competence made publicly available. interested parties with a list of made publicly available. Community members. The rules the Cybersecurity Competence of procedure of the bodies of the Community members and Competence Centre should be should make public the made publicly available . declarations of interest made by them in accordance with Article [EP changes partly retained. 42. The rules of procedure of the Reason: it seems not justified and 27 [add title and OJ reference] 28 [add title and OJ reference] 29 [add title and OJ reference] 30 [add title and OJ reference] xxxxx/18 EB/kp 48 ANNEX JAI.2 LIMITE EN
bodies of the Competence not proportionate to request the Centre should be made publicly Community members to provide a available . declaration interest, while they're not getting any EU funding for being community members but rather cooperating voluntarily. This requirement doesn’t apply today in the cPPP and may put many away potential community members, thus weakening the community. Article 42 refers to the Governing Board, not the Community] (31a) It is advisable that both (31a) It is advisable that both the the Competence Centre and the Competence Centre and the National Coordination Centres National Coordination Centres monitor and follow the monitor and follow the international standards as international standards as much much as possible, in order as possible, in order to encourage to encourage development development towards global best towards global best practices. practices. 59 [EP change retained] (32) The Commission’s internal (32) The Commission’s internal (32) The Commission’s internal (32) The Commission’s internal auditor should exercise the same auditor should exercise the same auditor should exercise the same auditor should exercise the same powers over the Competence powers over the Competence powers over the Competence powers over the Competence Centre as those exercised in Centre as those exercised in Centre as those exercised in Centre as those exercised in respect of the Commission. respect of the Commission. respect of the Commission. respect of the Commission. xxxxx/18 EB/kp 49 ANNEX JAI.2 LIMITE EN
[Council change retained] (33) The Commission, the (33) The Commission, the (33) The Commission, the (33) The Commission, the Competence Centre, the Court of Competence Centre, the Court of Competence Centre, the Court of Competence Centre, the Court of Auditors and the European Anti- Auditors and the European Anti- Auditors and the European Anti- Auditors and the European Anti- Fraud Office should get access to Fraud Office should get access to Fraud Office should get access to Fraud Office should get access to all necessary information and the all necessary information and all necessary information and the all necessary information and the premises to conduct audits and the premises to conduct audits premises to conduct audits and premises to conduct audits and investigations on the grants, and investigations on the grants, investigations on the grants, investigations on the grants, contracts and agreement signed by contracts and agreement signed contracts and agreement signed contracts and agreement signed by the Competence Centre. by the Competence Centre. by the Competence Centre. the Competence Centre. 60 [Council changes retained] (33a) The power to adopt acts in [EP changes not retained. Reason: 61 accordance with Article 290 of not in Commission proposal and the Treaty on the Functioning goes in opposite direction of of the European Union should Council changes in view to reduce be delegated to the Commission Commission control, leaving in respect of defining the more autonomy to MS to elements of contractual nominate national coordination agreements between the centres] Competence Centre and National Coordination Centres, and in respect of specifying criteria for assessing and accrediting entities as members of the Cybersecurity Competence Community. It is of particular importance that the Commission carry out xxxxx/18 EB/kp 50 ANNEX JAI.2 LIMITE EN
appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law- 1a Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 1a OJ L 123, 12.5.2013, p. 1. (34) Since the objectives of this (34) The objectives of this (34) Since the objectives of this (34) The objectives of this 62 Regulation, namely retaining and Regulation, namely Regulation, namely retaining and Regulation, namely strengthening developing Union's cybersecurity strengthening the Union’s developing Union's cybersecurity the Union’s competitiveness and technological and industrial competitiveness and capacities research, technological and capacities in cybersecurity capacities, increasing the in cybersecurity through, and industrial capacities, increasing through, and reducing its digital competitiveness of the Union's reducing its digital dependence the competitiveness of the dependence by increasing the xxxxx/18 EB/kp 51 ANNEX JAI.2 LIMITE EN
cybersecurity industry and turning by increasing the uptake of Union's cybersecurity industry uptake of cybersecurity products, cybersecurity into a competitive cybersecurity products, and turning cybersecurity into a processes and services developed advantage of other Union processes and services competitive advantage of other within the Union, retaining and industries, cannot be sufficiently developed within the Union, Union industries, cannot be developing Union's cybersecurity achieved by the Member States retaining and developing Union's sufficiently achieved by the research, technological and due the fact that existing, limited cybersecurity technological and Member States due the fact that industrial capacities, increasing resources are dispersed as well as industrial capacities, increasing existing, limited resources are the competitiveness of the Union's due to the scale of the investment the competitiveness of the dispersed as well as due to the cybersecurity industry and turning necessary, but can rather by Union's cybersecurity industry scale of the investment cybersecurity into a competitive reason of avoiding unnecessary and turning cybersecurity into a necessary, but can rather by advantage of other Union duplication of these efforts, competitive advantage of other reason of avoiding unnecessary industries, cannot be sufficiently helping to achieve critical mass of Union industries, cannot be duplication of these efforts, achieved by the Member States investment and ensuring that sufficiently achieved by the helping to achieve critical mass due the fact that existing, limited public financing is used in an Member States due the fact that of investment and ensuring that resources are dispersed as well as optimal way be better achieved at existing, limited resources are public financing is used in an due to the scale of the investment Union level, the Union may adopt dispersed as well as due to the optimal way be better achieved necessary, but can rather by measures, in accordance with the scale of the investment at Union level, the Union may reason of avoiding unnecessary principle of subsidiarity as set out necessary, but can rather by adopt measures, in accordance duplication of these efforts, in Article 5 of the Treaty on reason of avoiding unnecessary with the principle of subsidiarity helping to achieve critical mass of European Union. In accordance duplication of these efforts, as set out in Article 5 of the investment and ensuring that with the principle of helping to achieve critical mass Treaty on European Union. In public financing is used in an proportionality as set out in that of investment and ensuring that accordance with the principle of optimal way be better achieved at Article, this Regulation does not public financing is used in an proportionality as set out in that Union level. In addition, only go beyond what is necessary in optimal way be better achieved Article, this Regulation does not actions at Union level can ensure order to achieve that objective. at Union level. In addition, only go beyond what is necessary in the highest level of cybersecurity actions at Union level can order to achieve that objective. in all Member States and thus ensure the highest level of close security gaps existing in cybersecurity in all Member some Member States that create States and thus close security security gaps for the whole gaps existing in some Member Union. Hence, the Union may xxxxx/18 EB/kp 52 ANNEX JAI.2 LIMITE EN
States that create security gaps adopt measures, in accordance for the whole Union. Hence, the with the principle of subsidiarity Union may adopt measures, in as set out in Article 5 of the accordance with the principle of Treaty on European Union. In subsidiarity as set out in Article accordance with the principle of 5 of the Treaty on European proportionality as set out in that Union. In accordance with the Article, this Regulation does not principle of proportionality as go beyond what is necessary in set out in that Article, this order to achieve that objective. Regulation does not go beyond what is necessary in order to [EP and Council changes both achieve that objective. retained.] xxxxx/18 EB/kp 53 ANNEX JAI.2 LIMITE EN
HAVE ADOPTED THIS HAVE ADOPTED THIS HAVE ADOPTED THIS HAVE ADOPTED THIS 63 REGULATION: REGULATION: REGULATION: REGULATION: CHAPTER I CHAPTER I CHAPTER I CHAPTER I 64 GENERAL GENERAL GENERAL GENERAL PROVISIONS AND PROVISIONS AND PROVISIONS AND PROVISIONS AND PRINCIPLES OF THE PRINCIPLES OF PRINCIPLES OF PRINCIPLES OF THE COMPETENCE THE COMPETENCE THE COMPETENCE COMPETENCE CENTRE AND THE CENTRE AND THE CENTRE AND THE CENTRE AND THE NETWORK NETWORK NETWORK NETWORK 65 66 Article 1 Article 1 Article 1 Article 1 Subject matter Subject matter Subject matter Subject matter 67 1. This Regulation establishes 1. This Regulation 1. This Regulation 1. This Regulation establishes 68 the European Cybersecurity establishes the European establishes the European the European Cybersecurity Industrial, Technology and Cybersecurity Industrial, Cybersecurity Industrial, Industrial, Technology and Research Competence Centre (the Technology and Research Technology and Research Research Competence Centre (the ‘Competence Centre’), as well as Competence Centre (the Competence Centre (the ‘Competence Centre’), as well as the Network of National ‘Competence Centre’), as well ‘Competence Centre’), as well as the Network of National Coordination Centres, and lays as the Network of National the Network of National Coordination Centres (the down rules for the nomination of Coordination Centres (the Coordination Centres (the “Network”), and lays down rules National Coordination Centres as “Network”), and lays down rules “Network”), and lays down for the nomination of National well as for the establishment of for the nomination of National rules for the nomination of Coordination Centres as well as xxxxx/18 EB/kp 54 ANNEX JAI.2 LIMITE EN
the Cybersecurity Competence Coordination Centres as well as National Coordination Centres for the establishment of the Community. for the establishment of the as well as for the establishment Cybersecurity Competence Cybersecurity Competence of the Cybersecurity Community (the “Community”). Community (the Competence Community (the The Competence Centre and the “Community”). The “Community”). Network shall contribute to the Competence Centre and the overall resilience and awareness Network shall contribute to the in the Union towards overall resilience and cybersecurity threats, thoroughly awareness in the Union towards taking into account societal cybersecurity threats, implications. thoroughly taking into account societal implications. [Both changes from EP and Council retained] 2. The Competence Centre 2. The Competence Centre 2. The Competence Centre 2. The Competence Centre 69 shall contribute to the shall contribute to the shall contribute to the shall contribute to the implementation of the implementation of the implementation of the implementation of the cybersecurity part of the Digital cybersecurity part of the Digital cybersecurity part of the Digital cybersecurity part of the Digital Europe Programme established by Europe Programme established Europe Programme established Europe Programme established by Regulation No XXX and in by Regulation No XXX and in by Regulation No XXX and in Regulation No XXX and in particular actions related to particular actions related to particular actions related to particular actions related to Article 6 of Regulation (EU) No Article 6 of Regulation (EU) No Article 6 of Regulation (EU) No Article 6 of Regulation (EU) No XXX [Digital Europe XXX [Digital Europe XXX [Digital Europe XXX [Digital Europe Programme] Programme] thereof and of the Programme] thereof and of the Programme] thereof and of the thereof and of the Horizon Europe Horizon Europe Programme Horizon Europe Programme Horizon Europe Programme Programme established by established by Regulation No established by Regulation No established by Regulation No Regulation No XXX and in XXX and in particular Section XXX and in particular Section XXX and in particular Section particular Section 2.2.6 of Pillar II 2.2.6 of Pillar II of Annex I. of 2.2.6 of Pillar II of Annex I. of 2.2.6 of Pillar II of Annex I. of of Annex I. of Decision No XXX Decision No XXX on establishing Decision No XXX on Decision No XXX on on establishing the specific the specific programme establishing the specific establishing the specific programme implementing implementing Horizon Europe – programme implementing programme implementing Horizon Europe – the Framework xxxxx/18 EB/kp 55 ANNEX JAI.2 LIMITE EN
the Framework Programme for Horizon Europe – the Horizon Europe – the Programme for Research and Research and Innovation[ref. Framework Programme for Framework Programme for Innovation[ref. number of the number of the Specific Research and Innovation[ref. Research and Innovation[ref. Specific Programme]. Programme]. number of the Specific number of the Specific Programme]. Programme]. 3. The seat of the Competence 3. The seat of the 3. The seat of the [Both changes from EP and Centre shall be located in Competence Centre shall be Competence Centre shall be Council retained] [Brussels, Belgium.] located in [Brussels, Belgium.] located in [XXXBrussels, 70 31 Belgium] . 4. The Competence Centre 4. The Competence Centre 4. The Competence Centre 4. The Competence Centre shall have legal personality. In shall have legal personality. In shall have legal personality. In shall have legal personality. In each Member State, it shall enjoy each Member State, it shall each Member State, it shall enjoy each Member State, it shall enjoy the most extensive legal capacity enjoy the most extensive legal the most extensive legal capacity the most extensive legal capacity accorded to legal persons under capacity accorded to legal accorded to legal persons under accorded to legal persons under the laws of that Member State. It persons under the laws of that the laws of that Member State. It the laws of that Member State. It may, in particular, acquire or Member State. It may, in may, in particular, acquire or may, in particular, acquire or dispose of movable and particular, acquire or dispose of dispose of movable and dispose of movable and immovable property and may be a movable and immovable immovable property and may be immovable property and may be a party to legal proceedings. property and may be a party to a party to legal proceedings. party to legal proceedings. legal proceedings. [Change from EP (deletion or (moved to Art 38a (new) article) not retained. Check with EP why they want to delete this ] as not considered subject 31 xxxxx/18 EB/kp 56 ANNEX JAI.2 LIMITE EN
matter) 5. This Regulation is 5. This Regulation is without without prejudice to the prejudice to the competences of competences of the Member the Member States regarding States regarding activities activities concerning public concerning public security, security, defence, national defence, national security and security and the activities of the the activities of the state in state in areas of criminal law. areas of criminal law. [Change from Council retained. 71 No change from EP.] 72 Article 2 Article 2 Article 2 Article 2 Definitions Definitions Definitions Definitions 73 For the purpose of this For the purpose of this For the purpose of this For the purpose of this Regulation, the following Regulation, the following Regulation, the following Regulation, the following 74 definitions shall apply: definitions shall apply: definitions shall apply: definitions shall apply: (1) 'cybersecurity' means the (1) 'cybersecurity' means all (1) 'cybersecurity' means the (1) 'cybersecurity' means the 75 protection of network and activities necessary to protect protection the activities protection the activities information systems, their users, network and information necessary to protect network necessary to protect network and and other persons against cyber systems, their users, and and information systems, their information systems, their users of threats; affected persons from cyber users of such systems, and other such systems, and other persons threats; persons affected by against affected by against cyber threats; cyber threats; [Changes from Council and EP xxxxx/18 EB/kp 57 ANNEX JAI.2 LIMITE EN
