{"id":1146,"date":"2024-01-29T16:47:57","date_gmt":"2024-01-29T16:47:57","guid":{"rendered":"https:\/\/nis2resources.eu\/?page_id=1146"},"modified":"2024-08-11T22:16:06","modified_gmt":"2024-08-11T22:16:06","slug":"preamble","status":"publish","type":"page","link":"https:\/\/nis2resources.eu\/nl\/richtlijn-5\/preambule\/","title":{"rendered":"Preambule"},"content":{"rendered":"
of 17 April 2019<\/p>\n\n\n\n
on ENISA (the European Union Agency for CyberbeveiligingCyberbeveiliging<\/span> \"cyberbeveiliging\": cyberbeveiliging als gedefinieerd in artikel 2, punt 1, van Verordening (EU) 2019\/881; - \"cyberbeveiliging\": cyberbeveiliging als gedefinieerd in artikel 2, punt 1, van Verordening (EU) 2019\/881. Definitie volgens artikel 6 van Richtlijn (EU) 2022\/2555 (NIS2-richtlijn)<\/a>\r\r\"cyberbeveiliging\": de activiteiten die nodig zijn om netwerk- en informatiesystemen, de gebruikers van dergelijke systemen en andere personen die te maken hebben met cyberdreigingen, te beschermen; - Definitie overeenkomstig artikel 2, punt 1, van Verordening (EU) 2019\/881;<\/span><\/span><\/span>) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526\/2013 (Cybersecurity Act)<\/p>\n\n\n\n (Voor de EER relevante tekst)<\/p>\n<\/div>\n\n\n\n <\/p>\n\n\n\n HET EUROPEES PARLEMENT EN DE RAAD VAN DE EUROPESE UNIE, Overwegende hetgeen volgt:<\/p>\n\n\n\n (1) Network and information systems and electronic communications networks and services play a vital role in society and have become the backbone of economic growth. Information and communications technology (ICT) underpins the complex systems which support everyday societal activities, keep our economies running in key sectors such as health, energy, finance and transport, and, in particular, support the functioning of the internal market.<\/p>\n\n\n\n (2) The use of network and information systems by citizens, organisations and businesses across the Union is now pervasive. Digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of Things (IoT) an extremely high number of connected digital devices are expected to be deployed across the Union during the next decade. While an increasing number of devices is connected to the internet, security and resilience are not sufficiently built in by design, leading to insufficient cybersecurity. In that context, the limited use of certification leads to individual, organisational and business users having insufficient information about the cybersecurity features of ICT products, ICT services and ICT processes, which undermines trust in digital solutions. Network and information systems are capable of supporting all aspects of our lives and drive the Union\u2019s economic growth. They are the cornerstone for achieving the digital single market.<\/p>\n\n\n\n (3) Increased digitisation and connectivity increase cybersecurity risks, thus making society as a whole more vulnerable to cyber threats and exacerbating the dangers faced by individuals, including vulnerable persons such as children. In order to mitigate those risks, all necessary actions need to be taken to improve cybersecurity in the Union so that network and information systems, communications networks, digital products, services and devices used by citizens, organisations and businesses \u2013 ranging from small and medium-sized enterprises (SMEs), as defined in Commission Recommendation 2003\/361\/EC (4), to operators of critical infrastructure \u2013 are better protected from cyber threats.<\/p>\n\n\n\n (4) By making the relevant information available to the public, the European Union Agency for Network and Information Security (ENISA), as established by Regulation (EU) No 526\/2013 of the European Parliament and of the Council (5) contributes to the development of the cybersecurity industry in the Union, in particular SMEs and start-ups. ENISA should strive for closer cooperation with universities and research entities in order to contribute to reducing dependence on cybersecurity products and services from outside the Union and to reinforce supply chains inside the Union.<\/p>\n\n\n\n (5) Cyberattacks are on the increase and a connected economy and society that is more vulnerable to cyber threats and attacks requires stronger defences. However, while cyberattacks often take place across borders, the competence of, and policy responses by, cybersecurity and law enforcement authorities are predominantly national. Large-scale incidents could disrupt the provision of essential services across the Union. This necessitates effective and coordinated responses and crisis management at Union level, building on dedicated policies and wider instruments for European solidarity and mutual assistance. Moreover, a regular assessment of the state of cybersecurity and resilience in the Union, based on reliable Union data, as well as systematic forecasts of future developments, challenges and threats, at Union and global level, are important for policy makers, industry and users.<\/p>\n\n\n\n (6) In light of the increased cybersecurity challenges faced by the Union, there is a need for a comprehensive set of measures that would build on previous Union action and would foster mutually reinforcing objectives. Those objectives include further increasing the capabilities and preparedness of Member States and businesses, as well as improving cooperation, information sharing and coordination across Member States and Union institutions, bodies, offices and agencies. Furthermore, given the borderless nature of cyber threats, there is a need to increase capabilities at Union level that could complement the action of Member States, in particular in cases of large-scale cross-border incidents and crises, while taking into account the importance of maintaining and further enhancing the national capabilities to respond to cyber threats of all scales.<\/p>\n\n\n\n (7) Additional efforts are also needed to increase citizens\u2019, organisations\u2019 and businesses\u2019 awareness of cybersecurity issues. Moreover, given that incidents undermine trust in digitale dienstDigitale service<\/span> iedere dienst van de informatiemaatschappij, dat wil zeggen iedere dienst die gewoonlijk tegen vergoeding, langs elektronische weg, op afstand en op individueel verzoek van een afnemer van diensten verricht wordt.\r\rIn deze definitie wordt verstaan onder: i) \"op afstand\": een dienst die wordt geleverd zonder dat de partijen gelijktijdig aanwezig zijn; ii) \"langs elektronische weg\": een dienst die verzonden en ontvangen wordt via elektronische apparatuur voor de verwerking (met inbegrip van digitale compressie) en de opslag van gegevens, en die geheel via draden, radio, optische middelen of andere elektromagnetische middelen wordt verzonden, doorgeleid en ontvangen; iii) \"op individueel verzoek van een afnemer van diensten\": een dienst die op individueel verzoek via de transmissie van gegevens wordt geleverd.\r\r- Definitie overeenkomstig artikel 1, lid 1, onder b), van Richtlijn (EU) 2015\/1535 van het Europees Parlement en de Raad.<\/span><\/span><\/span> providers and in the digital single market itself, especially among consumers, trust should be further strengthened by offering information in a transparent manner on the level of security of ICT products, ICT services and ICT processes that stresses that even a high level of cybersecurity certification cannot guarantee that an ICT-productICT-product<\/span> Een element of groep elementen van een netwerk of informatiesysteem. - Definitie overeenkomstig artikel 2, punt 12, van Verordening (EU) 2019\/881.<\/span><\/span><\/span>, ICT-dienstICT-dienst<\/span> Een dienst die geheel of hoofdzakelijk bestaat uit het overbrengen, opslaan, opvragen of verwerken van informatie door middel van netwerken en informatiesystemen - Definitie overeenkomstig artikel 2, punt 13, van Verordening (EU) 2019\/881.<\/span><\/span><\/span> or ICT-procesICT-proces<\/span> Een reeks activiteiten voor het ontwerpen, ontwikkelen, leveren of onderhouden van een ICT-product of ICT-dienst. - Definitie overeenkomstig artikel 2, punt 14, van Verordening (EU) 2019\/881.<\/span><\/span><\/span> is completely secure. An increase in trust can be facilitated by Union-wide certification providing for common cybersecurity requirements and evaluation criteria across national markets and sectors.<\/p>\n\n\n\n (8) Cybersecurity is not only an issue related to technology, but one where human behaviour is equally important. Therefore, \u2018cyber-hygiene\u2019, namely, simple, routine measures that, where implemented and carried out regularly by citizens, organisations and businesses, minimise their exposure to risks from cyber threats, should be strongly promoted.<\/p>\n\n\n\n (9) For the purpose of strengthening Union cybersecurity structures, it is important to maintain and develop the capabilities of Member States to comprehensively respond to cyber threats, including to cross-border incidents.<\/p>\n\n\n\n (10) Businesses and individual consumers should have accurate information regarding the assurance level with which the security of their ICT products, ICT services and ICT processes has been certified. At the same time, no ICT product or ICT service is wholly cyber-secure and basic rules of cyber-hygiene have to be promoted and prioritised. Given the growing availability of IoT devices, there is a range of voluntary measures that the private sector can take to reinforce trust in the security of ICT products, ICT services and ICT processes.<\/p>\n\n\n\n (11) Modern ICT products and systems often integrate and rely on one or more third-party technologies and components such as software modules, libraries or application programming interfaces. This reliance, which is referred to as a \u2018dependency\u2019, could pose additional cybersecurity risks as vulnerabilities found in third-party components could also affect the security of the ICT products, ICT services and ICT processes. In many cases, identifying and documenting such dependencies enables end users of ICT products, ICT services and ICT processes to improve their cybersecurity risicoRisico<\/span> Betekent de kans op verlies of verstoring veroorzaakt door een incident en moet worden uitgedrukt als een combinatie van de omvang van een dergelijk verlies of verstoring en de waarschijnlijkheid dat het incident zich voordoet. Definitie volgens artikel 6 van Richtlijn (EU) 2022\/2555 (NIS2-richtlijn)<\/a><\/span><\/span><\/span> management activities by improving, for example, users\u2019 cybersecurity kwetsbaarheidKwetsbaarheid<\/span> Een zwakte, gevoeligheid of tekortkoming van ICT-producten of ICT-diensten die door een cyberdreiging kan worden uitgebuit. Definitie volgens artikel 6 van Richtlijn (EU) 2022\/2555 (NIS2-richtlijn)<\/a><\/span><\/span><\/span> management and remediation procedures.<\/p>\n\n\n\n (12) Organisations, manufacturers or providers involved in the design and development of ICT products, ICT services or ICT processes should be encouraged to implement measures at the earliest stages of design and development to protect the security of those products, services and processes to the highest possible degree, in such a way that the occurrence of cyberattacks is presumed and their impact is anticipated and minimised (\u2018security-by-design\u2019). Security should be ensured throughout the lifetime of the ICT product, ICT service or ICT process by design and development processes that constantly evolve to reduce the risk of harm from malicious exploitation.<\/p>\n\n\n\n (13) Undertakings, organisations and the public sector should configure the ICT products, ICT services or ICT processes designed by them in a way that ensures a higher level of security which should enable the first user to receive a default configuration with the most secure settings possible (\u2018security by default\u2019), thereby reducing the burden on users of having to configure an ICT product, ICT service or ICT process appropriately. Security by default should not require extensive configuration or specific technical understanding or non-intuitive behaviour on the part of the user, and should work easily and reliably when implemented. If, on a case-by-case basis, a risk and usability analysis leads to the conclusion that such a setting by default is not feasible, users should be prompted to opt for the most secure setting.<\/p>\n\n\n\n (14) Regulation (EC) No 460\/2004 of the European Parliament and of the Council (6) established ENISA with the purposes of contributing to the goals of ensuring a high and effective level of network and information security within the Union, and developing a culture of network and information security for the benefit of citizens, consumers, enterprises and public administrations. Regulation (EC) No 1007\/2008 of the European Parliament and of the Council (7) extended ENISA\u2019s mandate until March 2012. Regulation (EU) No 580\/2011 of the European Parliament and of the Council (8) further extended ENISA\u2019s mandate until 13 September 2013. Regulation (EU) No 526\/2013 extended ENISA\u2019s mandate until 19 June 2020.<\/p>\n\n\n\n (15) The Union has already taken important steps to ensure cybersecurity and to increase trust in digital technologies. In 2013, the Cybersecurity Strategy of the European Union was adopted to guide the Union\u2019s policy response to cyber threats and risks. In an effort to better protect citizens online, the Union\u2019s first legal act in the field of cybersecurity was adopted in 2016 in the form of Directive (EU) 2016\/1148 of the European Parliament and of the Council (9). Directive (EU) 2016\/1148 put in place requirements concerning national capabilities in the field of cybersecurity, established the first mechanisms to enhance strategic and operational cooperation between Member States, and introduced obligations concerning security measures and incidentIncident<\/span> Een gebeurtenis die de beschikbaarheid, authenticiteit, integriteit of vertrouwelijkheid in gevaar brengt van opgeslagen, verzonden of verwerkte gegevens of van de diensten die worden aangeboden door of toegankelijk zijn via netwerk- en informatiesystemen. Definitie volgens artikel 6 van Richtlijn (EU) 2022\/2555 (NIS2-richtlijn)<\/a><\/span><\/span><\/span> notifications across sectors which are vital for the economy and society, such as energy, transport, drinking water supply and distribution, banking, financial market infrastructures, healthcare, digital infrastructure as well as key digital service providers (search engines, cloud computing services and online marketplaces).<\/p>\n\n\n\n A key role was attributed to ENISA in supporting the implementation of that Directive. In addition, fighting effectively against cybercrime is an important priority in the European Agenda on Security, contributing to the overall aim of achieving a high level of cybersecurity. Other legal acts such as Regulation (EU) 2016\/679 of the European Parliament and of the Council (10) and Directives 2002\/58\/EC (11) and (EU) 2018\/1972 (12) of the European Parliament and of the Council also contribute to a high level of cybersecurity in the digital single market.<\/p>\n\n\n\n (16) Since the adoption of the Cybersecurity Strategy of the European Union in 2013 and the last revision of ENISA\u2019s mandate, the overall policy context has changed significantly as the global environment has become more uncertain and less secure. Against that background and in the context of the positive development of the role of ENISA as a reference point for advice and expertise, as a facilitator of cooperation and of capacity-building as well as within the framework of the new Union cybersecurity policy, it is necessary to review ENISA\u2019s mandate, to establish its role in the changed cybersecurity ecosystem and to ensure that it contributes effectively to the Union\u2019s response to cybersecurity challenges emanating from the radically transformed cyberdreigingCyberdreiging<\/span> elke potenti\u00eble omstandigheid, gebeurtenis of actie die netwerk- en informatiesystemen, de gebruikers van dergelijke systemen en andere personen kan beschadigen, verstoren of anderszins nadelig kan be\u00efnvloeden - definitie overeenkomstig artikel 2, punt 8, van Verordening (EU) 2019\/881<\/span><\/span><\/span> landscape, for which, as recognised during the evaluation of ENISA, the current mandate is not sufficient.<\/p>\n\n\n\n (17) ENISA as established by this Regulation should succeed ENISA as established by Regulation (EU) No 526\/2013. ENISA should carry out the tasks conferred on it by this Regulation and other legal acts of the Union in the field of cybersecurity, among other things, by providing advice and expertise and by acting as a Union centre of information and knowledge. It should promote the exchange of best practices between Member States and private stakeholders, offer policy suggestions to the Commission and the Member States, act as a reference point for Union sectoral policy initiatives with regard to cybersecurity matters, and foster operational cooperation, both between Member States and between the Member States and Union institutions, bodies, office and agencies.<\/p>\n\n\n\n (18) Within the framework of Decision 2004\/97\/EC, Euratom taken by common agreement between the Representatives of the Member States, meeting at Head of State or Government level (13), the representatives of the Member States decided that ENISA would have its seat in a town in Greece to be determined by the Greek Government. ENISA\u2019s host Member State should ensure the best possible conditions for the smooth and efficient operation of ENISA. It is imperative for the proper and efficient performance of its tasks, for staff recruitment and retention and for enhancing the efficiency of networking activities that ENISA be based in an appropriate location, among other things providing appropriate transport connections and facilities for spouses and children accompanying members of staff of ENISA. The necessary arrangements should be laid down in an agreement between ENISA and the host Member State concluded after obtaining the approval of the Management Board of ENISA.<\/p>\n\n\n\n (19) Given the increasing cybersecurity risks and challenges the Union is facing, the financial and human resources allocated to ENISA should be increased to reflect its enhanced role and tasks, and its critical position in the ecosystem of organisations defending the digital ecosystem of the Union, allowing ENISA to effectively carry out the tasks conferred on it by this Regulation.<\/p>\n\n\n\n (20) ENISA should develop and maintain a high level of expertise and operate as a reference point, establishing trust and confidence in the single market by virtue of its independence, the quality of the advice it delivers, the quality of information it disseminates, the transparency of its procedures, the transparency of its methods of operation, and its diligence in carrying out its tasks. ENISA should actively support national efforts and should proactively contribute to Union efforts while carrying out its tasks in full cooperation with the Union institutions, bodies, offices and agencies and with the Member States, avoiding any duplication of work and promoting synergy. In addition, ENISA should build on input from and cooperation with the private sector as well as other relevant stakeholders. A set of tasks should establish how ENISA is to accomplish its objectives while allowing flexibility in its operations.<\/p>\n\n\n\n (21) In order to be able to provide adequate support to the operational cooperation between Member States, ENISA should further strengthen its technical and human capabilities and skills. ENISA should increase its know-how and capabilities. ENISA and Member States, on a voluntary basis, could develop programmes for seconding national experts to ENISA, creating pools of experts and staff exchanges.<\/p>\n\n\n\n (22) ENISA should assist the Commission by means of advice, opinions and analyses regarding all Union matters related to policy and law development, updates and reviews in the field of cybersecurity and sector-specific aspects thereof in order to enhance the relevance of Union policies and laws with a cybersecurity dimension and to enable consistency in the implementation of those policies and laws at national level. ENISA should act as a reference point for advice and expertise for Union sector-specific policy and law initiatives where matters related to cybersecurity are involved. ENISA should regularly inform the European Parliament about its activities.<\/p>\n\n\n\n (23) The public core of the open internet, namely its main protocols and infrastructure, which are a global public good, provides the essential functionality of the internet as a whole and underpins its normal operation. ENISA should support the security of the public core of the open internet and the stability of its functioning, including, but not limited to, key protocols (in particular DNS, BGP, and IPv6), the operation of the domain name system (such as the operation of all top-level domains), and the operation of the root zone.<\/p>\n\n\n\n (24) The underlying task of ENISA is to promote the consistent implementation of the relevant legal framework, in particular the effective implementation of Directive (EU) 2016\/1148 and other relevant legal instruments containing cybersecurity aspects, which is essential to increasing cyber resilience. In light of the fast evolving cyber threat landscape, it is clear that Member States have to be supported by more comprehensive, cross-policy approach to building cyber resilience.<\/p>\n\n\n\n
Gezien het Verdrag betreffende de werking van de Europese Unie, en met name artikel 114,
Gezien het voorstel van de Europese Commissie,
Na toezending van het ontwerp van wetgevingshandeling aan de nationale parlementen,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),<\/p>\n\n\n\n