9 Amendments of Andris AMERIKS related to 2020/0359(COD)
Amendment 12 #
Proposal for a directive
Recital 8
Recital 8
(8) In accordance with Directive (EU) 2016/1148, Member States were responsible for determining which entities meet the criteria to qualify as operators of essential services (‘identification process’). In order to eliminate the wide divergences among Member States in that regard and ensure legal certainty for the risk management requirements and reporting obligations for all relevant entities, a uniform criterion should be established that determines the entities falling within the scope of application of this Directive. That criterion should consist of the application of the size-cap rule, whereby all medium and large enterprises, as defined by Commission Recommendation 2003/361/EC15 , that operate within the sectors or provide the type of services covered by this Directive, fall within its scope. Member States should not be required to establish a list of the entities that meet this generally applicable size- related criterionThe Commission, together with the Member States and stakeholders, should develop guidelines that enable Member States to identify in a harmonised way which entities in selected sectors should be designated as essential or important entities and which entities would be considered smaller entities with a high security risk profile. Those guidelines should take into account the diverse nature of the entities, as they vary in size and in activities performed, and as their strategic importance may vary. _________________ 15 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 13 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) Guidelines should serve as a basis to define which ports in a given Member State should be designated as essential entities. Those guidelines should be developed by the Commission in close cooperation with the Member States and the stakeholders and should take into account the diverse nature of European ports, as they vary in size and in activities performed, and as their strategic importance in a given Member State may vary.
Amendment 16 #
Proposal for a directive
Recital 10
Recital 10
(10) The Commission, in cooperation with the Cooperation Group and industry stakeholders, may issue guidelines on the implementation of the criteria applicable to micro and small enterprises.
Amendment 17 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Some entities, such as ports, are complex ecosystems with many different stakeholders. The Commission, in close cooperation with the Member States and stakeholders, should therefore develop guidelines that enable Member States to define in a harmonized way which aspects of an entity should be protected and therefore subjected to the obligations set out in this Directive.
Amendment 30 #
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46 a) In order to preserve and protect critical supply chains, the focus should also lay on the protection of the entire transport and logistics chain. The transport and logistics chains is made up of a large number of interlinked actors and systems, where goods are being transported in an intermodal fashion using road, rail, inland waterways and maritime transport. This process requires swift and reliable exchange of data between the various links of the transport and logistics chain through various interfaces. Due to the interconnected nature of the various links in the chain, insufficient cybersecurity risks to endanger the functioning of the entire chain through domino effects created by a cyber incident in one or several parts of the transport and logistics chain.
Amendment 31 #
Proposal for a directive
Recital 46 b (new)
Recital 46 b (new)
(46 b) The transport envelope of the Connecting Europe Facility, both the modernisation pillar (actions relating to smart, interoperable, sustainable, multimodal, inclusive, accessible, safe and secure mobility), as well as the military mobility pillar, should be used to enhance the resilience of Europe’s port infrastructure to cybersecurity threats. Member States should also strengthen the cyber resilience of the port sector in their national Recovery and Resilience Plans as part of the EU’s digital transition objective.
Amendment 34 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States, in close cooperation with relevant industry stakeholders, shall establish a list of entities identified pursuant to points (b) to (f) and submit it to the Commission by [6 months after the transposition deadline]. Member States shall review the list, on a regular basis, and at least every two years thereafter and, where appropriate, update it.
Amendment 36 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
The Commission, together with the Member States and stakeholders, shall develop guidelines that enable Member States to identify in a harmonised way which entities in selected sectors should be designated as essential or important entities and which entities would be considered smaller entities with a high security risk profile. Those guidelines should take into account the diverse nature of the entities, as they vary in size and in activities performed, and as their strategic importance may vary.
Amendment 37 #
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
The Commission, in close cooperation with the Member States and stakeholders, shall develop guidelines that enable Member States to define in a harmonized way which aspects of an essential or important entity should be protected and therefore subjected to the obligations set out in this Directive.