Directive (EU) 2022/2557 on the resilience of critical entities

What it is

to lay down harmonised minimum rules to ensure the provision of essential services in the internal market and enhance the resilience of critical entities. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the EU established the European Programme for Critical Infrastructure Protection (EPCIP) in 2006 and adopted the European Critical Infrastructure (ECI) Directive in 2008, which applies to the energy and transport sectors. Both the Commission’s EU Security Union Strategy for 2020-2025 and the recently adopted Counter-Terrorism Agenda for the EU stress the importance of ensuring the resilience of critical infrastructure in the face of physical and digital risks. The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Michal ŠIMEČKA (Renew Europe, SK) on the proposal for a directive of the European Parliament and of the Council on the resilience of critical entities. The proposed Directive aims to enhance the provision in the internal market of services essential for the maintenance of vital societal functions or economic activities by increasing the resilience of critical entities providing such services. This report seeks to enhance certain aspects of the proposed Directive. The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows: Members proposed to extend the definition of essential services, so that protecting the environment, public health and safety, and the rule of law are also mentioned. With a view to enhancing cooperation between competent authorities of the Member States, Members proposed setting up single points of contact to exercise a liaison function and coordination with the critical entities with competent authorities and with the Critical Entities Resilience Group. The single point of contact should also simplify and harmonise reporting channels (one-stop-shop principle). The Commission should, in cooperation with the Member States, develop recommendations and guidelines to support Member States in identifying critical entities. Members proposed that Member States should support critical entities in enhancing their resilience. That support should include developing guidance materials and methodologies, supporting the organisation of exercises to test their resilience and providing training to personnel of critical entities. Member States may provide financial resources to critical entities, without prejudice to applicable rules on State aid, where necessary and justified by public interest objectives. The Critical Entities Resilience Group should be composed of representatives of the Member States and the Commission. Where relevant for the performance of its tasks, the Critical Entities Resilience Group should invite representatives of relevant stakeholders to participate in its work and the European Parliament to participate as an observer . The Group should, inter alia : (i)…

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