Regulation (EU, Euratom) 2023/2841 of the European Parliament and of the Council of 13 December 2023 laying down measures for a high common level of cybersecurity at the institutions, bodies, offices and agencies of the Union

A Union entity shall, without undue delay and in any event within 24 hours of becoming aware of a significant incident, inform any relevant Member State counterparts referred to in Article 17(1) in the Member State where it is located that a significant incident has occurred.

The Union entities shall notify, inter alia, any information enabling CERT-EU to determine any cross-entity impact, impact on the hosting Member State or cross-border impact following a significant incident. Without prejudice to Article 12, the mere act of notification shall not subject the Union entity to increased liability.

Where applicable, Union entities shall communicate, without undue delay, to the users of the network and information systems affected, or of other components of the ICT environment, that are potentially affected by a significant incident or a significant cyber threat, and, where appropriate, need to take mitigating measures, any measures or remedies that they can take in response to that incident or that threat. Where appropriate, Union entities shall inform those users of the significant cyber threat itself.

Where a significant incident or significant cyber threat affects a network and information system, or a component of a Union entity’s ICT environment that is knowingly connected with another Union entity’s ICT environment, CERT-EU shall issue a relevant cybersecurity alert.

The Union entities, upon the request of CERT-EU, shall, without undue delay, provide CERT-EU with digital information created by the use of electronic devices involved in their respective incidents. CERT-EU may provide further details of the types of information that it requires for situational awareness and incident response.

CERT-EU shall submit to the IICB, ENISA, the EU INTCEN and the CSIRTs network, every three months, a summary report including anonymised and aggregated data on significant incidents, incidents, cyber threats, near misses and vulnerabilities pursuant to Article 20 and significant incidents notified pursuant to paragraph 2 of this Article. The summary report shall constitute an input to the biennial report on the state of cybersecurity in the Union adopted pursuant to Article 18 of Directive (EU) 2022/2555.

By 8 July 2024, the IICB shall issue guidelines or recommendations further specifying the arrangements for, and format and content of, the reporting pursuant to this Article. When preparing such guidelines or recommendations, the IICB shall take into account any implementing acts adopted pursuant to Article 23(11) of Directive (EU) 2022/2555 specifying the type of information, the format and the procedure of notifications. CERT-EU shall disseminate the appropriate technical details to enable proactive detection, incident response or mitigating measures by Union entities.

The reporting obligations laid down in this Article shall not extend to:

In acting as a cybersecurity information exchange and incident response coordination hub, CERT-EU shall facilitate information exchange with regards to incidents, cyber threats, vulnerabilities and near misses among:

CERT-EU, where relevant in close cooperation with ENISA, shall facilitate coordination among Union entities on incident response, including:

CERT-EU, in close cooperation with ENISA, shall support Union entities regarding situational awareness of incidents, cyber threats, vulnerabilities and near misses as well as sharing relevant developments in the field of cybersecurity.

By 8 January 2025, the IICB shall, on the basis of a proposal by CERT-EU, adopt guidelines or recommendations on incident response coordination and cooperation for significant incidents. Where the criminal nature of an incident is suspected, CERT-EU shall advise on how to report the incident to law enforcement authorities, without undue delay.

Following a specific request from a Member State and with the approval of the Union entities concerned, CERT-EU may call on experts from the list referred to in Article 23(4), for contributing to the response to a major incident which has an impact in that Member State, or a large-scale cybersecurity incident in accordance with Article 15(3), point (g), of Directive (EU) 2022/2555. Specific rules on access to and the use of technical experts from Union entities shall be approved by the IICB on the basis of a proposal by CERT-EU.

In order to support at operational level the coordinated management of major incidents affecting Union entities and to contribute to the regular exchange of relevant information among Union entities and with Member States, the IICB shall, pursuant to Article 11, point (q), establish a cyber crisis management plan based on the activities referred to in Article 22(2), in close cooperation with CERT-EU and ENISA. The cyber crisis management plan shall include at least the following elements:

The Commission representative in the IICB shall, subject to the cyber crisis management plan established pursuant to paragraph 1 of this Article and without prejudice to Article 16(2), first subparagraph, of Directive (EU) 2022/2555, be the point of contact for the sharing of relevant information in relation to major incidents with EU-CyCLONe.

CERT-EU shall coordinate among the Union entities the management of major incidents. It shall maintain an inventory of the available technical expertise that would be needed for incident response in the event of major incidents and assist the IICB in coordinating Union entities’ cyber crisis management plans for major incidents referred to in Article 9(2).

The Union entities shall contribute to the inventory of technical expertise by providing an annually updated list of experts available within their respective organisations detailing their specific technical skills.

By 8 January 2025 and on an annual basis thereafter, the IICB, with the assistance of CERT-EU, shall report to the Commission on the implementation of this Regulation. The IICB may make recommendations to the Commission to review this Regulation.

By 8 January 2027 and every two years thereafter, the Commission shall assess and report on the implementation of this Regulation and on the experience gained at a strategic and operational level to the European Parliament and to the Council.

By 8 January 2029, the Commission shall evaluate the functioning of this Regulation and submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The Commission shall also evaluate the appropriateness of including network and information systems handling EUCI within the scope of this Regulation, taking into account other Union legislative acts applicable to those systems. The report shall be accompanied, where necessary, by a legislative proposal.