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

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 19(1) point (g) and 39(1) point (b) thereof.

Whereas:

(1) In accordance with the essential requirements set out in Annex II, point 3.1(b), to Regulation (EU) 2018/1139, design and production 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 VII, points 2.2.1 and 5.2, to Regulation (EU) 2018/1139, aerodrome operators and organisations responsible for the provision of apron management services are to implement and maintain a management system to manage safety risks.

(3) The safety risks referred to in recitals (1) and (2) may derive from different sources, including design and maintenance flaws, human performance aspects, environmental threats and information security threats. Therefore, the management systems implemented by the organisations as referred to in recitals (1) and (2), 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.

(4) 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.

(5) A significant number of organisations already use international standards, such as ISO 27001, in order to address the security of digital information and data. These standards may not fully address all the specificities of civil aviation.

(6) Therefore, it is appropriate to set out requirements for the management of information security risks with a potential impact on aviation safety.

(7) It is essential that those requirements cover the different aviation domains and their interfaces since aviation is a highly interconnected system of systems. Therefore, they should apply to all the organisations that are already required to have a management system in accordance with the existing Union aviation safety legislation.

(8) The requirements laid down in this Regulation should be consistently applied across all aviation domains, while creating a minimal impact on the Union aviation safety legislation already applicable to those domains.

(9) 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 (2) and in Article 14 of Directive (EU) 2016/1148 of the European Parliament and of the Council (3).

(10) The definition on information security used for the purposes of this legal act should not be interpreted as divergent from the definition of security of network and information systems laid down in Directive (EU) 2016/1148.

(11) In order to avoid duplication of legal requirements, where organisations covered by this Regulation are already subject to security requirements arising from other Union acts referred to in recital (9), 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.

(12) Organisations covered by this Regulation that are already subject to security requirements arising from Implementing Regulation (EU) 2015/1998 should also comply with the requirements of Annex I (Part IS.D.OR.230 ‘Information security external reporting scheme’) to this Regulation as Implementing Regulation (EU) 2015/1998 does not contain any provisions related to external reporting of information security incidents.

(13) Commission Regulations (EU) No 748/2012 (4) and (EU) No 139/2014 (5) should be amended in order to establish the link between the management systems prescribed in the regulations listed above and the information security management requirements prescribed by this Regulation.

(14) In order to provide organisations with sufficient time to ensure compliance with the new rules and procedures introduced by this Regulation, this Regulation should apply from 3 years after the date of entry into force.

(15) The requirements laid down by this Regulation are based on Opinion No 03/2021 (6), issued by the Agency in accordance with Article 75(2) points (b) and (c) and Article 76(1) of Regulation (EU) 2018/1139.

(16) In accordance with Article 128(4) of Regulation (EU) 2018/1139, the Commission consulted experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making (7),

HAS ADOPTED THIS REGULATION:

Article 1 Subject matter This Regulation sets out the requirements to be met by the organisations referred to in Article 2 in order 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 and to detect information security events and identify those which are considered information security incidents with potential impact on aviation safety and respond to, and recover from, those information security incidents.

Article 2 Scope 1. This Regulation applies to the following organisations: (a) production organisations and design organisations subject to Subparts G and J of Section A of Annex I (Part 21) to Regulation (EU) No 748/2012, except design and production organisations that are solely involved in the design and/or production of ELA2 aircraft as defined in Article 1(2), point (j) of Regulation (EU) No 748/2012; (b) aerodrome operators and apron management service providers subject to Annex III ‘Part Organisation Requirements (Part-ADR.OR)’ to Regulation (EU) No 139/2014. 2. 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 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 arising from other Union legislation 1. Where an organisation referred to in Article 2 complies with security requirements laid down in 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 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 (8), the cybersecurity requirements contained in point 1.7 of the Annex to Implementing Regulation (EU) 2015/1998 are considered to be equivalent to the requirements laid down in this Regulation, except as regards point IS.D.OR.230 of the Annex to this Regulation that shall be complied with. 3. The Commission, after consulting EASA 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 5 Competent authority 1. The authority responsible for certifying and overseeing compliance with this Regulation shall be: (a) with regard to organisations referred to in Article 2, point (a), the competent authority designated in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012; (b) with regard to organisations referred to in Article 2, point (b), the competent authority designated in accordance with Annex III (Part-ADR.OR) to Regulation (EU) No 139/2014. 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.

Article 6 Amendment to Regulation (EU) No 748/2012 Annex I (Part 21) to Regulation (EU) No 748/2012 is amended as follows: (1) the Table of Contents is amended as follows: (a) the following heading is inserted after heading 21.A.139: ‘21.A.139A Information security management system’; (b) the following heading is inserted after heading 21.A.239: ‘21.A.239A Information security management system’; (2) the following point 21.A.139A is inserted after point 21.A.139: ‘21.A.139A Information security management system In addition to the production management system required by point 21.A.139, the production organisation shall establish, implement and maintain an information security management system in accordance with Commission Delegated Regulation (EU) 2022/1645 (*1) in order to ensure the proper management of information security risks which may have an impact on aviation safety. (*1) 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).’;" (3) the following point 21.A.239A is inserted after point 21.A.239: ‘21.A.239A Information security management system In addition to the design management system required by point 21.A.239, the design organisation shall establish, implement and maintain an information security management system in accordance with Commission Delegated Regulation (EU) 2022/1645 in order to ensure the proper management of information security risks which may have an impact on aviation safety.’.

Article 7 Amendment to Regulation (EU) No 139/2014 Annex III (Part-ADR.OR) to Regulation (EU) No 139/2014 is amended as follows: (1) the following point ADR.OR.D.005A is inserted after point ADR.OR.D.005: ‘ADR.OR.D.005A Information security management system The aerodrome operator shall establish, implement and maintain an information security management system in accordance with Delegated Regulation (EU) 2022/1645 (*2) in order to ensure the proper management of information security risks which may have an impact on aviation safety. (*2) 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).’;" (2) point ADR.OR.D.007 is replaced by the following: ‘ADR.OR.D.007 Management of aeronautical data and aeronautical information (a) As part of its management system, the aerodrome operator shall implement and maintain a quality management system covering the following activities: (1) its aeronautical data activities; (2) its aeronautical information provision activities. (b) As part of its management system, the aerodrome operator shall establish a security management system to ensure the security of operational data it receives, or produces, or otherwise employs, so that access to that operational data is restricted only to those authorised. (c) The security management system shall define the following elements: (1) the procedures relating to data security risk assessment and mitigation, security monitoring and improvement, security reviews and lesson dissemination; (2) the means designed to detect security breaches and to alert personnel with appropriate security warnings; (3) the means of controlling the effects of security breaches and of identifying recovery action and mitigation procedures to prevent reoccurrence. (d) The aerodrome operator shall ensure the security clearance of its personnel with respect to aeronautical data security. (e) The aspects related to information security shall be managed in accordance with point ADR.OR.D.005A.’; (3) the following point ADR.OR.F.045A is inserted after point ADR.OR.F.045: ‘ADR.OR.F.045A Information security management system The organisation responsible for the provision of AMS shall establish, implement and maintain an information security management system in accordance with Delegated Regulation (EU) 2022/1645 in order to ensure the proper management of information security risks which may have an impact on aviation safety.’.

Article 8 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 16 October 2025.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 July 2022. For the Commission The President Ursula VON DER LEYEN

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

(2) 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).

(3) 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).

(4) 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).

(5) 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).

(6) https://www.easa.europa.eu/document-library/opinions

(7) OJ L 123, 12.5.2016, p. 1.

(8) 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).