COMMISSION IMPLEMENTING REGULATION (EU) 2023/203

of 27 October 2022

laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council, as regards requirements for the management of information security risks with a potential impact on aviation safety for organisations covered by Commission Regulations (EU) No 1321/2014, (EU) No 965/2012, (EU) No 1178/2011, (EU) 2015/340, Commission Implementing Regulations (EU) 2017/373 and (EU) 2021/664, and for competent authorities covered by Commission Regulations (EU) No 748/2012, (EU) No 1321/2014, (EU) No 965/2012, (EU) No 1178/2011, (EU) 2015/340 and (EU) No 139/2014, Commission Implementing Regulations (EU) 2017/373 and (EU) 2021/664 and amending Commission Regulations (EU) No 1178/2011, (EU) No 748/2012, (EU) No 965/2012, (EU) No 139/2014, (EU) No 1321/2014, (EU) 2015/340, and Commission Implementing Regulations (EU) 2017/373 and (EU) 2021/664

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Articles 17(1) point (b), 27(1) point (a), 31(1) point (b), 43(1) point (b), 53(1) point (a) and 62(15) point (c) thereof

Whereas:

(1) In accordance with the essential requirements set out in Annex II, point 3.1(b), to Regulation (EU) 2018/1139, continuing airworthiness management organisations and maintenance organisations are to implement and maintain a management system to manage safety risks.

(2) In addition, in accordance with the essential requirements set out in Annex IV, point 3.3(b) and point 5(b), to Regulation (EU) 2018/1139, pilot training organisations, cabin crew training organisations, aero-medical centres for aircrew and operators of flight simulation training devices are to implement and maintain a management system to manage safety risks.

(3) Moreover, in accordance with the essential requirements set out in Annex V, point 8.1(c), to Regulation (EU) 2018/1139, air operators are to implement and maintain a management system to manage safety risks.

(4) Furthermore, in accordance with the essential requirements set out in Annex VIII, point 5.1(c) and point 5.4(b), to Regulation (EU) 2018/1139, air traffic management and air navigation service providers, U-space service providers and single common information service providers, and training organisations and aero-medical centres for air traffic controllers are to implement and maintain a management system to manage safety risks.

(5) Those safety risks may derive from different sources, such as design and maintenance flaws, human performance aspects, environmental threats and information security threats. Therefore, the management systems implemented by the European Union Aviation Safety Agency (‘the Agency’) and the national competent authorities and organisations referred to in the recitals above, should take into account not only safety risks stemming from random events, but also safety risks deriving from information security threats where existing flaws may be exploited by individuals with a malicious intent. Those information security risks are constantly increasing in the civil aviation environment as the current information systems are becoming more and more interconnected, and increasingly becoming the target of malicious actors.

(6) The risks associated with those information systems are not limited to possible attacks to the cyberspace, but encompass also threats, which may affect processes and procedures as well as the performance of human beings.

(7) A significant number of organisations already use international standards, such as ISO 27001, in order to address the security of digital information and data. Those standards may not fully address all the specificities of civil aviation. Therefore, it is appropriate to set out requirements for the management of information security risks with a potential impact on aviation safety.

(8) It is essential that those requirements cover all aviation domains and their interfaces, since aviation is a highly interconnected system of systems. Therefore, they should apply to all the organisations and competent authorities covered by Commission Regulations (EU) No 748/2012 (2), (EU) No 1321/2014 (3), (EU) No 965/2012 (4), (EU) No 1178/2011 (5), (EU) 2015/340 (6), (EU) No 139/2014 (7) and Commission Implementing Regulation (EU) 2021/664 (8), also those that are already required to have a management system in accordance with the existing Union aviation safety legislation. However, some organisations should be excluded from the scope of this Regulation in order to ensure appropriate proportionality to the lower information security risks they pose to the aviation system.

(9) The requirements laid down in this Regulation should ensure a consistent implementation across all aviation domains, while creating a minimal impact on the Union aviation safety legislation already applicable to those domains.

(10) The requirements laid down in this Regulation should be without prejudice to information security and cybersecurity requirements laid down in Point 1.7 of the Annex to Commission Implementing Regulation (EU) 2015/1998 (9) and in Article 14 of Directive (EU) 2016/1148 of the European Parliament and of the Council (10).

(11) The security requirements laid down in Articles 33 to 43 of Title V ‘Security of the Programme’ of Regulation (EU) 2021/696 of the European Parliament and of the Council (11) are considered to be equivalent with the requirements laid down in this Regulation, except as regards point IS.I.OR.230 of Annex II to this Regulation which should be complied with.

(12) In order to provide legal certainty, the interpretation of the term ‘information security’ as defined in this Regulation, reflecting its common use in civil aviation globally, should be considered as being consistent with that of the term ‘security of network and information systems’ as defined in Article 4(2) of Directive (EU) 2016/1148. The definition of information security used for the purposes of this Regulation should not be interpreted as divergent from the definition of security of network and information systems laid down in Directive (EU) 2016/1148.

(13) In order to avoid duplication of legal requirements, where organisations covered by this Regulation are already subject to security requirements arising from Union acts referred to in recitals (10) and (11) which are in their effect equivalent to the provisions laid down in this Regulation, compliance with those security requirements should be considered to constitute compliance with the requirements laid down in this Regulation.

(14) Organisations covered by this Regulation that are already subject to security requirements arising from Implementing Regulation (EU) 2015/1998 or Regulation (EU) 2021/696, or both, should also comply with the requirements of Annex II (Part IS.I.OR.230 ‘Information security external reporting scheme’) to this Regulation as neither Regulation contains provisions related to external reporting of information security incidents.

(15) For the sake of completeness, Regulations (EU) No 1178/2011, (EU) No 748/2012, (EU) No 965/2012, (EU) No 139/2014, (EU) No 1321/2014, (EU) 2015/340 and Implementing Regulations (EU) 2017/373 (12) and (EU) 2021/664 should be amended in order to introduce the information security management system requirements prescribed in this Regulation together with the management systems set out therein, and to set out the competent authorities’ requirements as regards the oversight of organisations implementing the aforementioned information security management requirements.

(16) In order to provide organisations with sufficient time to ensure compliance with the new rules and procedures, this Regulation should apply 3 years after its entry into force, except for the air navigation service provider of the European Geostationary Navigation Overlay Service (EGNOS) defined in Implementing Regulation (EU) 2017/373, where due to the ongoing security accreditation of the EGNOS system and services in line with Regulation (EU) 2021/696, it should become applicable from 1 January 2026.

(17) The requirements laid down in this Regulation are based on Opinion No 03/2021 (13), issued by the Agency in accordance with Article 75(2) points (b) and (c) and Article 76(1) of Regulation (EU) 2018/1139.

(18) The requirements laid down in this Regulation are in accordance with the opinion of the Committee for the application of common safety rules in the field of civil aviation established by Article 127 of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1 Subject matter This Regulation sets out the requirements to be met by the organisations and competent authorities in order: (a) to identify and manage information security risks with potential impact on aviation safety which could affect information and communication technology systems and data used for civil aviation purposes, (b) to detect information security events and identify those which are considered information security incidents with potential impact on aviation safety, (c) to respond to, and recover from, those information security incidents.

Article 2 Scope 1. This Regulation applies to the following organisations: (a) maintenance organisations subject to Section A of Annex II (Part-145) to Regulation (EU) No 1321/2014, except those solely involved in the maintenance of aircraft in accordance with Annex Vb (Part-ML) to Regulation (EU) No 1321/2014; (b) continuing airworthiness management organisations (CAMOs) subject to Section A of Annex Vc (Part-CAMO) to Regulation (EU) No 1321/2014, except those solely involved in the continuing airworthiness management of aircraft in accordance with Annex Vb (Part-ML) to Regulation (EU) No 1321/2014; (c) air operators subject to Annex III (Part-ORO) to Regulation (EU) No 965/2012, except those solely involved in the operation of any of the following: (i) an ELA 2 aircraft as defined in Article 1(2), point (j) of Regulation (EU) No 748/2012; (ii) single-engine propeller-driven aeroplanes with a Maximum Operational Passenger Seating Configuration of 5 or less that are not classified as complex motor-powered aircraft, when taking off and landing at the same aerodrome or operating site and operating under Visual Flight Rules (VFR) by day rules; (iii) single-engine helicopters with a Maximum Operational Passenger Seating Configuration of 5 or less that are not classified as complex motor-powered aircraft, when taking off and landing at the same aerodrome or operating site and operating under VFR by day rules. (d) approved training organisations (ATOs) subject to Annex VII (Part-ORA) to Regulation (EU) No 1178/2011, except those solely involved in training activities of ELA2 aircraft as defined in Article 1(2), point (j) of Regulation (EU) No 748/2012, or solely involved in theoretical training; (e) aircrew aero-medical centres subject to Annex VII (Part-ORA) to Regulation (EU) No 1178/2011; (f) flight simulation training device (FSTD) operators subject to Annex VII (Part-ORA) to Regulation (EU) No 1178/2011, except those solely involved in the operation of FSTDs for ELA2 aircraft as defined in Article 1(2), point (j) of Regulation (EU) No 748/2012; (g) air traffic controller training organisations (ATCO TOs) and ATCO aero-medical centres subject to Annex III (Part ATCO.OR) to Regulation (EU) 2015/340; (h) organisations subject to Annex III (Part-ATM/ANS.OR) to Implementing Regulation (EU) 2017/373, except the following service providers: (i) air navigation service providers holding a limited certificate in accordance with point ATM/ANS.OR.A.010 of that Annex; (ii) flight information service providers declaring their activities in accordance with point ATM/ANS.OR.A.015 of that Annex; (i) U-space service providers and single common information service providers subject to Implementing Regulation (EU) 2021/664. 2. This Regulation applies to the competent authorities, including the European Union Aviation Safety Agency (‘the Agency’), referred to Article 6 of this Regulation and in Article 5 of Commission Delegated Regulation (EU) 2022/1645 (14). 3. This Regulation also applies to the competent authority responsible for the issuance, continuation, change, suspension or revocation of aircraft maintenance licences in accordance with Annex III (Part-66) to Regulation (EU) No 1321/2014. 4. This Regulation is without prejudice to information security and cybersecurity requirements laid down in point 1.7 of the Annex to Implementing Regulation (EU) 2015/1998 and in Article 14 of Directive (EU) 2016/1148.

Article 3 Definitions For the purpose of this Regulation, the following definitions shall apply: (1) ‘information security’ means the preservation of confidentiality, integrity, authenticity and availability of network and information systems; (2) ‘information security event’ means an identified occurrence of a system, service or network state indicating a possible breach of the information security policy or failure of information security controls, or a previously unknown situation that can be relevant for information security; (3) ‘incident’ means any event having an actual adverse effect on the security of network and information systems as defined in Article 4(7) of Directive (EU) 2016/1148; (4) ‘information security risk’ means the risk to organisational civil aviation operations, assets, individuals, and other organisations due to the potential of an information security event. Information security risks are associated with the potential that threats will exploit vulnerabilities of an information asset or group of information assets; (5) ‘threat’ means a potential violation of information security which exists when there is an entity, circumstance, action or event that could cause harm; (6) ‘vulnerability’ means a flaw or weakness in an asset or a system, procedures, design, implementation, or information security measures that could be exploited and results in a breach or violation of the information security policy.

Article 4 Requirements for organisations and competent authorities 1. The organisations referred to in Article 2(1) shall comply with the requirements of Annex II (Part-IS.I.OR) to this Regulation. 2. The competent authorities referred to in Article 2(2) and (3) shall comply with the requirements of Annex I (Part-IS.AR) to this Regulation.

Article 5 Requirements arising from other Union legislation 1. Where an organisation referred to in Article 2(1) complies with security requirements laid down in accordance with Article 14 of Directive (EU) 2016/1148 that are equivalent to the requirements laid down in this Regulation, compliance with those security requirements shall be considered to constitute compliance with the requirements laid down in this Regulation. 2. Where an organisation referred to in Article 2(1) is an operator or an entity referred to in the national civil aviation security programmes of Member States laid down in accordance with Article 10 of Regulation (EC) No 300/2008 of the European Parliament and of the Council (15), the cybersecurity requirements contained in point 1.7 of the Annex to Implementing Regulation (EU) 2015/1998 shall be considered to be equivalent with the requirements laid down in this Regulation, except as regards point IS.I.OR.230 of Annex II to this Regulation that shall be complied with as such. 3. Where the organisation referred to in Article 2(1) is the air navigation service provider of the European Geostationary Navigation Overlay Service (EGNOS) referred to in Regulation (EU) 2021/696, the security requirements contained in Articles 33 to 43 of Title V of that Regulation are considered to be equivalent with the requirements laid down in this Regulation, except as regards point IS.I.OR.230 of Annex II to this Regulation that shall be complied with as such. 4. The Commission, after consulting the Agency and the Cooperation Group referred to in Article 11 of Directive (EU) 2016/1148, may issue guidelines for the assessment of the equivalence of requirements laid down in this Regulation and Directive (EU) 2016/1148.

Article 6 Competent authority 1. Without prejudice to the tasks entrusted to the Security Accreditation Board (SAB) referred to in Article 36 of Regulation (EU) 2021/696, the authority responsible for certifying and overseeing compliance with this Regulation shall be: (a) with regard to organisations referred to in Article 2(1), point (a), the competent authority designated in accordance with Annex II (Part-145) to Regulation (EU) No 1321/2014; (b) with regard to organisations referred to in Article 2(1), point (b), the competent authority designated in accordance with Annex Vc (Part-CAMO) to Regulation (EU) No 1321/2014; (c) with regard to organisations referred to in Article 2(1), point (c), the competent authority designated in accordance with Annex III (Part-ORO) to Regulation (EU) No 965/2012; (d) with regard to organisations referred to in Article 2(1), points (d) to (f), the competent authority designated in accordance with Annex VII (Part-ORA) to Regulation (EU) No 1178/2011; (e) with regard to organisations referred to in Article 2(1), point (g), the competent authority designated in accordance with Article 6(2) of Regulation (EU) 2015/340; (f) with regard to organisations referred to in Article 2(1), point (h), the competent authority designated in accordance with Article 4(1) of Implementing Regulation (EU) 2017/373; (g) with regard to organisations referred to in Article 2(1), point (i), the competent authority designated in accordance with Article 14(1) or 14(2), as applicable, of Implementing Regulation (EU) 2021/664. 2. Member States may, for the purposes of this Regulation, designate an independent and autonomous entity to fulfil the assigned role and responsibilities of the competent authorities referred to in paragraph 1. In that case, coordination measures shall be established between that entity and the competent authorities, as referred to in paragraph 1, to ensure effective oversight of all the requirements to be met by the organisation. 3. The Agency shall cooperate in full compliance with the applicable rules on secrecy, protection of personal data and protection of classified information with the European Union Agency for the Space Programme (EUSPA), and the SAB referred to in Article 36 of Regulation (EU) 2021/696 in order to ensure effective oversight of the requirements applicable to EGNOS air navigation service provider.

Article 7 Submission of relevant information to NIS competent authorities Competent authorities under this Regulation shall inform, without undue delay, the single point of contact designated in accordance with Article 8 of Directive (EU) 2016/1148 of any relevant information included in notifications submitted pursuant to point IS.I.OR.230 of Annex II to this Regulation and point IS.D.OR.230 of Annex I to Delegated Regulation (EU) 2022/1645 by operators of essential services identified in accordance with Article 5 of Directive (EU) 2016/1148.

Article 8 Amendment to Regulation (EU) No 1178/2011 Annexes VI (Part-ARA) and VII (Part-ORA) to Regulation (EU) No 1178/2011 are amended in accordance with Annex III to this Regulation.

Article 9 Amendment to Regulation (EU) No 748/2012 Annex I (Part 21) to Regulation (EU) No 748/2012 is amended in accordance with Annex IV to this Regulation.

Article 10 Amendment to Regulation (EU) No 965/2012 Annexes II (Part-ARO) and III (Part-ORO) to Regulation (EU) No 965/2012 are amended in accordance with Annex V to this Regulation.

Article 11 Amendment to Regulation (EU) No 139/2014 Annex II (Part-ADR.AR) to Regulation (EU) No 139/2014 is amended in accordance with Annex VI to this Regulation.

Article 12 Amendment to Regulation (EU) No 1321/2014 Annexes II (Part-145), III (Part-66) and Vc (Part-CAMO) to Regulation (EU) No 1321/2014 are amended in accordance with Annex VII to this Regulation.

Article 13 Amendment to Regulation (EU) 2015/340 Annexes II (Part ATCO.AR) and III (Part ATCO.OR) to Regulation (EU) 2015/340 are amended in accordance with Annex VIII to this Regulation.

Article 14 Amendment to Implementing Regulation (EU) 2017/373 Annexes II (Part-ATM/ANS.AR) and III (Part-ATM/ANS.OR) to Implementing Regulation (EU) 2017/373 are amended in accordance with Annex IX to this Regulation.

Article 15 Amendment to Implementing Regulation (EU) 2021/664 Implementing Regulation (EU) 2021/664 is amended as follows: (1) in Article 15(1), point(f) is replaced by the following: ‘(f) implement and maintain a security management system in accordance with point ATM/ANS.OR.D.010 in Subpart D of Annex III to Implementing Regulation (EU) 2017/373 and an information security management system in accordance with Annex II (Part-IS.I.OR) to Implementing Regulation (EU) 2023/203;’; (2) in Article 18, the following point (l) is added: ‘(l) establish, implement and maintain an information security management system in accordance with Annex I (Part-IS.AR) to Implementing Regulation (EU) 2023/203.’.

Article 16 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 22 February 2026. However, as regards the case of the EGNOS air navigation service provider subject to Implementing Regulation (EU) 2017/373 it shall apply from 1 January 2026.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 October 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 212, 22.8.2018, p. 1.

(2) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).

(3) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (Recast) (OJ L 362, 17.12.2014, p. 1).

(4) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).

(5) Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1).

(6) Commission Regulation (EU) 2015/340 of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (OJ L 63, 6.3.2015, p. 1).

(7) Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 44, 14.2.2014, p. 1).

(8) Commission Implementing Regulation (EU) 2021/664 of 22 April 2021 on a regulatory framework for the U-space (OJ L 139, 23.4.2021, p. 161).

(9) Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (OJ L 299, 14.11.2015, p. 1).

(10) Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

(11) Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).

(12) Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (OJ L 62, 8.3.2017, p. 1).

(13) https://www.easa.europa.eu/en/document-library/opinions/opinion-032021

(14) Commission Delegated Regulation (EU) 2022/1645 of 14 July 2022 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council, as regards requirements for the management of information security risks with a potential impact on aviation safety for organisations covered by Commission Regulations (EU) No 748/2012 and (EU) No 139/2014 and amending Commission Regulations (EU) No 748/2012 and (EU) No 139/2014 (OJ L 248, 26.9.2022, p. 18).

(15) Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72).