What changed between the draft committee report and the plenary report

Added:(9) The following Article is inserted:

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

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

Added:(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;

Added:(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;

Added:(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;

Added:(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;

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

Added:(f) record, and enable to assess, which data, services or functions have been accessed, used or otherwise processed, at what times and by whom;

Added:(g) ensure that the ICT products, ICT services and ICT processes deployed in the provision of the managed security services are secure by default and by design and are provided with up-to-date software and hardware, do not contain known vulnerabilities and include the latest security updates;’

Added:(10) Article 52 is amended as follows:

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

Added:‘1. A European cybersecurity certification scheme may specify one or more of the following assurance levels for ICT products, ICT services, ICT processes and managed security services: ‘basic’, ‘substantial’ or ‘high’. The assurance level shall be commensurate with the level of the risk associated with the intended use of the ICT product, ICT service, ICT process or managed security service, in terms of the probability and impact of an incident.’;

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

Added:‘3. The security requirements corresponding to each assurance level shall be provided in the relevant European cybersecurity certification scheme, including the corresponding security functionalities and the corresponding rigour and depth of the evaluation that the ICT product, ICT service, ICT process or managed security service is to undergo.’;

Added:(c) paragraphs 5, 6 and 7 are replaced by the following:

Added:‘5. A European cybersecurity certificate or EU statement of conformity that refers to assurance level ‘basic’ shall provide assurance that the ICT products, ICT services, ICT processes and managed security services for which that certificate or that EU statement of conformity is issued meet the corresponding security requirements, including security functionalities, and that they have been evaluated at a level intended to minimise the known basic risks of incidents and cyberattacks. The evaluation activities to be undertaken shall include at least a review of technical documentation. Where such a review is not appropriate, substitute evaluation activities with equivalent effect shall be undertaken.

Added:6. A European cybersecurity certificate that refers to assurance level ‘substantial’ shall provide assurance that the ICT products, ICT services, ICT processes and managed security services for which that certificate is issued meet the corresponding security requirements, including security functionalities, and that they have been evaluated at a level intended to minimise the known cybersecurity risks, and the risk of incidents and cyberattacks carried out by actors with limited skills and resources. The evaluation activities to be undertaken shall include at least the following: a review to demonstrate the absence of publicly known vulnerabilities and testing to demonstrate that the ICT products, ICT services, ICT processes or managed security services correctly implement the necessary security functionalities. Where any such evaluation activities are not appropriate, substitute evaluation activities with equivalent effect shall be undertaken.

Added:7. A European cybersecurity certificate that refers to assurance level ‘high’ shall provide assurance that the ICT products, ICT services, ICT processes and managed security services for which that certificate is issued meet the corresponding security requirements, including security functionalities, and that they have been evaluated at a level intended to minimise the risk of state-of-the-art cyberattacks carried out by actors with significant skills and resources. The evaluation activities to be undertaken shall include at least the following: a review to demonstrate the absence of publicly known vulnerabilities; testing to demonstrate that the ICT products, ICT services, ICT processes or managed security services correctly implement the necessary security functionalities at the state of the art; and an assessment of their resistance to skilled attackers, using penetration testing. Where any such evaluation activities are not appropriate, substitute activities with equivalent effect shall be undertaken.’;

Added:(11) in Article 53, paragraphs 1, 2 and 3 are replaced by the following:

Added:‘1. A European cybersecurity certification scheme may allow for the conformity self-assessment under the sole responsibility of the manufacturer or provider of ICT products, ICT services, ICT processes or managed security services. Conformity self-assessment shall be permitted only in relation to ICT products, ICT services, ICT processes and managed security services that present a low risk corresponding to assurance level ‘basic’.

Added:2. The manufacturer or provider of ICT products, ICT services, ICT processes or managed security services may issue an EU statement of conformity stating that the fulfilment of the requirements set out in the scheme has been demonstrated. By issuing such a statement, the manufacturer or provider of ICT products, ICT services, ICT processes or managed security services shall assume responsibility for the compliance of the ICT product, ICT service, ICT process or managed security service with the requirements set out in that scheme.

Added:3. The manufacturer or provider of ICT products, ICT services, ICT processes or managed security services shall make the EU statement of conformity, technical documentation, and all other relevant information relating to the conformity of the ICT products, ICT services or managed security services with the scheme available to the national cybersecurity certification authority referred to in Article 58 for the period provided for in the corresponding European cybersecurity certification scheme. A copy of the EU statement of conformity shall be submitted to the national cybersecurity certification authority and to ENISA.’;

Added:(12) in Article 54, paragraph 1 is amended as follows:

Added:(a) point (a) is replaced by the following:

Added:‘(a) the subject matter and scope of the certification scheme, including the type or categories of ICT products, ICT services, ICT processes and managed security services covered;’;

Added:(b) point (j) is replaced by the following:

Added:‘(j) rules for monitoring compliance of ICT products, ICT services, ICT processes and managed security services with the requirements of the European cybersecurity certificates or the EU statements of conformity, including mechanisms to demonstrate continued compliance with the specified cybersecurity requirements;’;

Added:(c) point (l) is replaced by the following:

Added:‘(l) rules concerning the consequences for ICT products, ICT services, ICT processes and managed security services that have been certified or for which an EU statement of conformity has been issued, but which do not comply with the requirements of the scheme;’;

Added:(d) point (o) is replaced by the following:

Added:‘(o) the identification of national or international cybersecurity certification schemes covering the same type or categories of ICT products, ICT services, ICT processes and managed security services, security requirements, evaluation criteria and methods, and assurance levels;’;

Added:(e) point (q) is replaced by the following:

Added:‘(q) the period of the availability of the EU statement of conformity, technical documentation, and all other relevant information to be made available by the manufacturer or provider of ICT products, ICT services, ICT or managed security services processes;’;

Added:(13) Article 56 is amended as follows:

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

Added:‘1. ICT products, ICT services, ICT processes and managed security services that have been certified under a European cybersecurity certification scheme adopted pursuant to Article 49 shall be presumed to comply with the requirements of such scheme.’;

Added:(b) paragraph 3 is amended as follows:

Added:(i) the first subparagraph is replaced by the following:

Added:‘The Commission shall regularly assess the efficiency and use of the adopted European cybersecurity certification schemes and whether a specific European cybersecurity certification scheme is to be made mandatory through relevant Union law to ensure an adequate level of cybersecurity of ICT products, ICT services, ICT processes and managed security services in the Union and improve the functioning of the internal market. The first such assessment shall be carried out by 31 December 2023, and subsequent assessments shall be carried out at least every two years thereafter. Based on the outcome of those assessments, the Commission shall identify the ICT products, ICT services, ICT processes and managed security services covered by an existing certification scheme which are to be covered by a mandatory certification scheme.’;

Added:(ii) the third subparagraph is amended as follows:

Added:(aa) point (a) is replaced by the following:

Added:‘(a) take into account the impact of the measures on the manufacturers or providers of such ICT products, ICT services, ICT processes or managed security services and on the users in terms of the cost of those measures and the societal or economic benefits stemming from the anticipated enhanced level of security for the targeted ICT products, ICT services, ICT processes or managed security services;’;

Added:(bb) point (d) is replaced by the following:

Added:‘(d) take into account any implementation deadlines, transitional measures and periods, in particular with regard to the possible impact of the measure on the manufacturers or providers of ICT products, ICT services, ICT processes or managed security services, including the specific interests and needs of microenterprises and SMEs;’;

Added:(iii) the following subparagraph is added:

Added:‘With regard to the third subparagraph, point (d) of this Article, theCommission shall ensure appropriate financial support in the regulatory framework of existing Union programmes, in particular in order to ease the financial burden on microenterprises and SMEs, including start-ups acting in the field of managed security services.’;

Added:(c) paragraphs 7 and 8 are replaced by the following:

Added:‘7. The natural or legal person who submits ICT products, ICT services, ICT processes or managed security services for certification shall make available to the national cybersecurity certification authority referred to in Article 58, where that authority is the body issuing the European cybersecurity certificate, or to the conformity assessment body referred to in Article 60 all information necessary to conduct the certification.

Added:8. The holder of a European cybersecurity certificate shall inform the authority or body referred to in paragraph 7 of any subsequently detected vulnerabilities or irregularities concerning the security of the certified ICT product, ICT service, ICT process or managed security services that may have an impact on its compliance with the requirements related to the certification. That authority or body shall forward that information without undue delay to the national cybersecurity certification authority concerned.’

Added:(14) in Article 57, paragraphs 1 and 2 are replaced by the following:

Added:‘1. Without prejudice to paragraph 3 of this Article, national cybersecurity certification schemes, and the related procedures for the ICT products, ICT services, ICT processes and managed security services that are covered by a European cybersecurity certification scheme shall cease to produce effects from the date established in the delegated act adopted pursuant to Article 49(7). National cybersecurity certification schemes and the related procedures for the ICT products, ICT services, ICT processes and managed security services that are not covered by a European cybersecurity certification scheme shall continue to exist.

Added:2. Member States shall not introduce new national cybersecurity certification schemes for ICT products, ICT services, ICT processes and managed security services already covered by a European cybersecurity certification scheme that is in force.’;

Added:(15) Article 58 is amended as follows:

Added:(a) paragraph 7 is amended as follows:

Added:(i) points (a) and (b) are replaced by the following:

Added:‘(a) supervise and enforce rules included in European cybersecurity certification schemes pursuant to Article 54(1), point (j), for the monitoring of the compliance of ICT products, ICT services, ICT processes and managed security services with the requirements of the European cybersecurity certificates that have been issued in their respective territories, in cooperation with other relevant market surveillance authorities;

Added:(b) monitor compliance with and enforce the obligations of the manufacturers or providers of ICT products, ICT services, ICT processes or managed security services that are established in their respective territories and that carry out conformity self-assessment, and shall, in particular, monitor compliance with and enforce the obligations of such manufacturers or providers set out in Article 53(2) and (3) and in the corresponding European cybersecurity certification scheme;’;

Added:(ii) point (h) is replaced by the following:

Added:‘(h) cooperate with other national cybersecurity certification authorities or other public authorities, including by sharing information on the possible non-compliance of ICT products, ICT services, ICT processes and managed security services with the requirements of this Regulation or with the requirements of specific European cybersecurity certification schemes; and’;