Changes from plenary report to adopted text

Removed(5e) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on [DD/MM/YYYY],

RemovedHAVE ADOPTED THIS REGULATION:

RemovedRegulation (EU) 2019/881 is amended as follows:

Removed(1) in Article 1(1), first subparagraph, point (b) is replaced by the following:

Removed‘(b) a framework for the establishment of European cybersecurity certification schemes for the purpose of ensuring an adequate level of cybersecurity for ICT products, ICT services, ICT processes, and managed security services in the Union, as well as for the purpose of avoiding the fragmentation of the internal market with regard to cybersecurity certification schemes in the Union.’;

Removed(2) Article 2 is amended as follows:

Removed(a) points (9), (10) and (11) are replaced by the following:

Removed‘(9) ‘European cybersecurity certification scheme’ means a comprehensive set of rules, technical requirements, standards and procedures that are established at Union level and that apply to the certification or conformity assessment of specific ICT products, ICT services, ICT processes, or managed security services;

Removed’(10) ‘national cybersecurity certification scheme’ means a comprehensive set of rules, technical requirements, standards and procedures developed and adopted by a national public authority and that apply to the certification or conformity assessment of ICT products, ICT services, ICT processes and managed security services falling under the scope of the specific scheme;

Removed(11) ‘European cybersecurity certificate’ means a document issued by a relevant body, attesting that a given ICT product, ICT service, ICT process or managed security service has been evaluated for compliance with specific security requirements laid down in a European cybersecurity certification scheme;’;

Removed(b) the following point is inserted:

Removed‘(14a) ‘managed security service’ means a service provided to a third party consisting of carrying out, or providing assistance for, or advice on activities relating to cybersecurity risk management, including incident handling, penetration testing, security audits and consulting’;

Removed(c) points (20), (21) and (22) are replaced by the following:

Removed‘(20) ‘technical specifications’ means a document that prescribes the technical requirements to be met by, or conformity assessment procedures relating to, an ICT product, ICT service, ICT process or managed security service;

Removed(21) ‘assurance level’ means a basis for confidence that an ICT product, ICT service, ICT process or managed security service meets the security requirements of a specific European cybersecurity certification scheme, and indicates the level at which an ICT product, ICT service, ICT process or managed security service has been evaluated but as such does not measure the security of the ICT product, ICT service, ICT process or managed security service concerned;

Removed(22) ‘conformity self-assessment’ means an action carried out by a manufacturer or provider of ICT products, ICT services, ICT processes or managed security services, which evaluates whether those ICT products, ICT services, ICT processes or managed security services meet the requirements of a specific European cybersecurity certification scheme;’;

Removed(3) in Article 4, paragraph 6 is replaced by the following:

Removed‘6. ENISA shall promote the use of European cybersecurity certification, with a view to avoiding the fragmentation of the internal market. ENISA shall contribute to the establishment and maintenance of a European cybersecurity certification framework in accordance with Title III of this Regulation, with a view to increasing the transparency of the cybersecurity of ICT products, ICT services, ICT processes, and managed security services, thereby strengthening trust in the digital internal market and its competitiveness.’;

Removed(4) Article 8 is amended as follows:

Removed(a) paragraph 1 is replaced by the following:

Removed‘1. ENISA shall support and promote the development and implementation of Union policy on cybersecurity certification of ICT products, ICT services, ICT processes and managed security services, as established in Title III of this Regulation, by:

Removed(a) monitoring developments, on an ongoing basis, in related areas of standardisation and recommending appropriate technical specifications for use in the development of European cybersecurity certification schemes pursuant to Article 54(1), point (c), where standards are not available;

Removed(b) preparing candidate European cybersecurity certification schemes (‘candidate schemes’) for ICT products, ICT services, ICT processes and managed security services in accordance with Article 49;

Removed(c) evaluating adopted European cybersecurity certification schemes in accordance with Article 49(8);

Removed(d) participating in peer reviews pursuant to Article 59(4);

Removed(e) assisting the Commission in providing the secretariat of the ECCG pursuant to Article 62(5).’;

Removed(b) paragraph 3 is replaced by the following:

Removed‘3. ENISA shall compile and publish guidelines and develop good practices, concerning the cybersecurity requirements for ICT products, ICT services, ICT processes and managed security services, in cooperation with national cybersecurity certification authorities and industry in a formal, structured and transparent way.’;

Removed(c) paragraph 5 is replaced by the following:

Removed‘5. ENISA shall facilitate the establishment and take-up of European and international standards for risk management and for the security of ICT products, ICT services, ICT processes and managed security services.’;

Removed(5) in Article 46, paragraphs 1 and 2 are replaced by the following:

Removed‘1. The European cybersecurity certification framework shall be established in order to improve the conditions for the functioning of the internal market by increasing the level of cybersecurity within the Union and enabling a harmonised approach at Union level to European cybersecurity certification schemes, with a view to creating a digital single market for ICT products, ICT services, ICT processes and managed security services.

Removed2. The European cybersecurity certification framework shall provide for a mechanism to establish European cybersecurity certification schemes. It shall attest that the ICT products, ICT services and ICT processes that have been evaluated in accordance with such schemes comply with specified security requirements for the purpose of protecting the availability, authenticity, integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by, or accessible via, those products, services and processes throughout their life cycle. In addition, it shall attest that managed security services that have been evaluated in accordance with such schemes comply with specified security requirements for the purpose of protecting the availability, authenticity, integrity and confidentiality of data, which are accessed, processed, stored or transmitted in relation to the provision of those services, and that those services are provided continuously with the requisite competence, expertise and experience by staff with a very high level of relevant technical knowledge and professional integrity.’;

Removed(6) in Article 47, paragraphs 2 and 3 are replaced by the following:

Removed‘2. The Union rolling work programme shall in particular include a list of ICT products, ICT services and ICT processes or categories thereof, and managed security services, that are capable of benefiting from being included in the scope of a European cybersecurity certification scheme. In that context, the Commission may include an in-depth assessment of existing training paths to bridge identified skills gaps and a list of proposals for addressing the needs for skilled employees and types of skills.

Removed3. Inclusion of specific ICT products, ICT services and ICT processes or categories thereof, or of managed security services, in the Union rolling work programme shall be justified on the basis of one or more of the following grounds:

Removed(a) the availability and the development of national cybersecurity certification schemes covering a specific category of ICT products, ICT services, ICT processes or managed security services and, in particular, as regards the risk of fragmentation;

Removed(b) relevant Union or Member State law or policy;

Removed(c) market demand;

Removed(ca) technological developments and the availability and development of international cybersecurity certification schemes and international and industrial standards.

Removed(d) developments in the cyber threat landscape;

Removed(e) request for the preparation of a specific candidate scheme by the ECCG.’;

Removed(7) Article 49, is amended as follows:

Removed(a) paragraph 7 is replaced by the following:

Removed‘7. The Commission, based on the candidate scheme prepared by ENISA, is empowered to adopt delegated acts in accordance with Article 65a, supplementing this Regulation by providing for a European cybersecurity certification scheme for ICT products, ICT services, ICT processes and managed security services which meets the requirements set out in Articles 51, 52 and 54.’;

Removed(b) the following paragraph is inserted:

Removed‘7a. Before adopting such delegated acts, the Commission, in cooperation with ENISA, shall carry out and publish an impact assessment of the proposed European cybersecurity certification scheme. While preparing the impact assessment, the Commission shall carry out public consultations and shall consult the SCCG and ECCG.’;

Removed(8) Article 51 is amended as follows:

Removed(a) the title is replaced by the following:

Removed‘Security objectives of European cybersecurity certification schemes for ICT products, ICT services and ICT processes’

Removed(b) the introductory sentence is replaced by the following:

Removed‘A European cybersecurity certification scheme for ICT products, ICT services or ICT processes shall be designed to achieve, as applicable, at least the following security objectives:’;

Removed(9) The following Article is inserted:

Removed‘Article 51aSecurity objectives of European cybersecurity certification schemes for managed security services

RemovedA European cybersecurity certification scheme for managed security services shall be designed to achieve, as applicable, at least the following security objectives:

Removed(a) ensure that the managed security services are provided with the requisite competence, expertise and experience, including that the staff in charge of providing these services has a very high level of technical knowledge and competence in the specific field, sufficient and appropriate experience, and the highest degree of professional integrity;

Removed(b) ensure that the provider has appropriate internal procedures in place to ensure that the managed security services are provided at a very high level of quality at all times;

Removed(c) protect data accessed, stored, transmitted or otherwise processed in relation to the provision of managed security services against accidental or unauthorised access, storage, disclosure, destruction, other processing, or loss or alteration or lack of availability;

Removed(d) ensure that the availability and access to data, services and functions is restored in a timely manner in the event of a physical or technical incident;

Removed(e) ensure that authorised persons, programs or machines are able only to access the data, services or functions to which their access rights refer;