11 Amendments of Raphaël GLUCKSMANN related to 2020/0365(COD)
Amendment 13 #
Proposal for a directive
Recital 2
Recital 2
(2) Despite existing measures at 19 19 Union and national level aimed at supporting the protection of critical infrastructures in the Union, the entities operating those infrastructures are not adequately equipped to address current, potential and anticipated future risks to their operations that may result in disruptions of the provision of services that are essential for the performance of vital societal functions or economic activities. This is due to an increasingly challenging security environment, with multi-faceted threats the Union is facing in a highly multipolar world with unreliable global actors, a dynamic threat landscape with an evolving terrorist threat and growing global interdependencies between infrastructures and sectors, as well as an increased physical risk due to natural disasters and climate change, which increases the frequency and scale of extreme weather events and brings long- term changes in average climate that can reduce the capacity and efficiency of certain infrastructure types if resilience or climate adaptation measures are not in place. Moreover, relevant sectors and types of entities are not recognised consistently as critical in all Member States. _________________ 19European Programme for Critical Infrastructure Protection (EPCIP).
Amendment 18 #
Proposal for a directive
Recital 3
Recital 3
(3) Those growing interdependencies are the result of an increasingly cross- border and interdependent network of service provision using key infrastructures across the Union in the sectors of energy, transport, banking, financial market infrastructure, digital infrastructure, drinking and waste water, health, certain aspects of public administration, as well as space in as far as the provision of certain services depending on ground-based infrastructures that are owned, managed and operated either by Member States or by private parties is concerned, therefore not covering infrastructures owned, managed or operated by or on behalf of the Union as part of its space programmes. These interdependencies mean that any disruption, even one initially confined to one entity or one sector, can have cascading effects more broadly, potentially resulting in far-reaching and long-lasting negative impacts in the delivery of services across the internal market. The COVID-19 pandemic has shown the vulnerability of our increasingly interdependent societies in the face of low-probability risk- high impact risks and the crucial importance to secure our supply chain of inter alia raw materials, chemicals, pharmaceutical products, that are essential to many critical infrastructure sectors.
Amendment 23 #
Proposal for a directive
Recital 8
Recital 8
(8) Given the importance of cybersecurity for the resilience of critical entities and in the interest of consistency, a coherent approach between this Directive and Directive (EU) XX/YY of the European Parliament and of the Council20 [Proposed Directive on measures for a high common level of cybersecurity across the Union; (hereafter “NIS 2 Directive”)] is necessary wherever possible. In view of the higher frequency and particular characteristics of cyber risks and the growing number of cyber attacks and cyber enabled incidents led by hostile state and non state actors, the NIS 2 Directive imposes comprehensive requirements on a large set of entities to ensure their cybersecurity. Given that cybersecurity is addressed sufficiently in the NIS 2 Directive, the matters covered by it should be excluded from the scope of this Directive, without prejudice to the particular regime for entities in the digital infrastructure sectorapply coherently and consistently with this Directive, whenever possible and necessary. _________________ 20[Reference to NIS 2 Directive, once adopted.]
Amendment 24 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) As climate change is leading to an increase in the frequency, intensity and complexity of natural disasters which can result in a disruption of essential services or the destruction of essential infrastructure with a significant cross- sectoral or transboundary effects, a coherent approach between this Directive and Decision No 1313/2013/EU of the European Parliament and the Council1a, as amended, is necessary especially on issues covering preparedness and response actions. _________________ 1aDecision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
Amendment 26 #
Proposal for a directive
Recital 11
Recital 11
(11) The actions of Member States to identify and help ensure the resilience of critical entities should follow a risk-based approach that targets efforts to the entities most relevant for the performance of vital societal functions or economic activities. In order to ensure such a targeted approach, each Member State should carry out, within a harmonised framework, an assessment of all relevant natural and man- made risks that may affect the provision of essential services, including accidents, natural disasters, public health emergencies such as pandemics, and antagonistic threats, including terrorist offences, foreign interferences and malicious disinformation campaigns, as well as CBRN threats. When carrying out those risk assessments, Member States should take into account other general or sector- specific risk assessment carried out pursuant to other acts of Union law, especially under Decision No 1313/2013/EU of the European Parliament and the Council1a and should consider the dependencies between sectors, including from other Member States and third countries. The outcomes of the risk assessment should be used in the process of identification of critical entities and to assist those entities in meeting the resilience requirements of this Directive. _________________ 1aDecision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
Amendment 30 #
Proposal for a directive
Recital 24
Recital 24
(24) The risk of employees of critical entities misusing for instancemisuse of their access rights within the critical entity’s organisation to harm and cause damage is of increasing concern. That risk is exacerbated by the growing phenomenon of, especially in the context of growing foreign interference, malicious disinformation and radicalisation which could leading to violent extremism and terrorism. It is therefore necessary to enable critical entities to request background checks on persons falling within specific categories of its personnel, while fully respecting their fundamental rights, labour law and data protection and privacy, ruling out any discrimination of biased recruitment procedures, and to ensure that those requests are assessed expeditiously by the relevant authorities, in accordance with the applicable rules of Union and national law, including on the protection of personal data.
Amendment 34 #
Proposal for a directive
Recital 29
Recital 29
(29) In order to achieve the objectives of this Directive, and without prejudice to the legal responsibility of Member States and critical entities to ensure compliance with their respective obligations set out therein, the Commission should, where it considers it appropriate, undertake certain supporting activities aimed at facilitating compliance with those obligations. When providing support and training to Member States and critical entities in the implementation of obligations under this Directive, the Commission should build on existing structures and tools, such as those under the Union Civil Protection mechanism and the European Reference Network for Critical Infrastructure Protection, or the European Security and Defence College, which can contribute to the development of a common European security culture.
Amendment 38 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) “incident” means any event having the potential to disrupt, or that disrupts,natural or man-made event which has the potential to jeopardize the security, to disrupt the delivery of essential services or the destruction of essential infrastructure in one or more Member States as the results of failure to maintain the operations of theat critical entity;
Amendment 40 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) “essential service” means a service which is essential for the maintenance of vital societal and democratic functions or, economic activities, public safety and the rule of law;
Amendment 55 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) ensure adequate physical protection of sensitive areas, facilities and other infrastructure, including fencing, barriers, perimeter monitoring tools and routines, as well as detection equipment and access controls, while fully respecting data protection and privacy regulations and complying with sectoral and labour law;
Amendment 58 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that critical entities may submit requests for proportionate background checks on persons who fall within certain specific categories of their personnel, including persons being considered for recruitment to positions falling within those categories, and that those requests are assessed expeditiously by the public authorities competent to carry out such background checks. Those checks shall be proportionate and strictly limited to what is necessary and relevant for the fulfilment of the duties of the concerned personnel, while fully respecting sectoral and labour law.