TEXT PROPOSED BY THE COMMISSION AMENDMENT

Amendment 1

Proposal for a decision Recital 1

(1) The Council conclusions on ‘Prevention, Preparedness and Response to Terrorist Attacks’ and the ‘EU Solidarity Programme on the Consequences of Terrorist Threats and Attacks’ adopted by Council in December 2004 endorsed the Commission’s intention to propose a European Programme for Critical Infrastructure Protection and agreed to the Commission setting up CIWIN (1). (1) The Council conclusions on ‘Prevention, Preparedness and Response to Terrorist Attacks’ and the ‘EU Solidarity Programme on the Consequences of Terrorist Threats and Attacks’ adopted by Council in December 2004 endorsed the Commission’s intention to propose a European Programme for Critical Infrastructure Protection and agreed to the Commission setting up CIWIN (2).

Amendment 2

Proposal for a decision Recital 4

(4) Several incidents involving critical infrastructure in Europe such as for example the European blackout in 2006 demonstrated the need for a better and more efficient exchange of information in order to prevent or limit the scope of the incident . (4) Several incidents involving critical infrastructure in Europe such as for example the European blackout in 2006 demonstrated the need for a better and more efficient exchange of information and greater knowledge of the practice of different Member States in order to be prepared and to avoid a recurrence of such incidents .

Amendment 3

Proposal for a decision Recital 5

(5) It is appropriate to establish an information system that will enable Member States and the Commission to exchange information and alerts in the field of Critical Infrastructure Protection ( CIP ) , to strengthen their CIP dialogue, and contribute towards promoting the integration and better coordination of nationally scattered and fragmented CIP research programmes. (5) It is therefore appropriate to establish an information system that will enable Member States and the Commission to exchange information in the field of CIP, to strengthen their CIP dialogue, and contribute towards promoting the integration and better coordination of nationally scattered and fragmented CIP research programmes.

Amendment 4

Proposal for a decision Recital 6

(6) CIWIN should contribute to the improvement of CIP in the EU by providing an information system that could facilitate Member States’ cooperation ; and offer an efficient and quick alternative to time-consuming methods of searching for information on critical infrastructures in the Community. (6) CIWIN should contribute to the improvement of CIP in the EU by providing an information system that could facilitate Member States’ cooperation and coordination, and offer an efficient and quick alternative to time-consuming methods of searching for information on critical infrastructures in the Community. It should in particular stimulate the development of appropriate measures aimed at facilitating the exchange and dissemination of information, best practice and experience between Member States.

Amendment 5

Proposal for a decision Recital 6 a (new)

(6a) The first evaluation of CIWIN should also include an in-depth analysis of the necessity of adding a new functionality to CIWIN, namely the technical facility of a rapid alert system (RAS). This functionality should enable Member States and the Commission to post alerts on immediate risks and threats to critical infrastructure, taking into account all the necessary security requirements.

Amendment 6

Proposal for a decision Recital 7

(7) CIWIN should, in particular, stimulate the development of appropriate measures aimed at facilitating an exchange of best practices as well as being a vehicle for transmission of immediate threats and alerts in a secure manner. deleted

Amendment 7

Proposal for a decision Recital 8

(8) CIWIN should avoid duplication and be heedful of the specific characteristics, expertise, arrangements and areas of competence of each of the existing sectoral rapid alert systems (RAS). (8) In the course of the development and evaluation of the new information system, Member States and the Commission should ensure that CIWIN avoids duplication and is heedful of the specific characteristics, expertise, arrangements and areas of competence of each of the existing sectoral rapid alert systems (RAS).

Amendment 8

Proposal for a decision Recital 10

(10) The interdependence of critical infrastructure in Member States and varying levels of CIP in Member States suggest that creating a horizontal and cross-sectoral Community tool for the exchange of information and alerts on CIP would increase the security of citizens. (4a) The interdependence of critical infrastructure in Member States and varying levels of Critical Infrastructure Protection ( CIP ) in Member States suggest that creating a horizontal and cross-sectoral Community tool for the exchange of information on CIP would increase the security of citizens.

Amendment 9

Proposal for a decision Recital 10 a (new)

(10a) The adoption of measures in the sphere of civil protection is listed among the activities of Community in point (u) of Article 3(1) of the EC Treaty. Therefore, the creation of CIWIN is necessary to enable the Community to attain an objective laid down by the Treaty.

Amendment 11

Proposal for a decision Recital 17

(17) This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, (17) This Decision respects the fundamental rights and observes the principles recognised by Article 6 of the EU Treaty and reflected in the Charter of Fundamental Rights of the European Union,

Amendment 12

Proposal for a decision Article 1

This Decision sets up a secure information , communication and alert system - Critical Infrastructure Warning Information Network (CIWIN) - with the aim of assisting Member States to exchange information on shared threats, vulnerabilities and appropriate measures and strategies to mitigate risks related to CIP. This Decision sets up a secure information and communication system - Critical Infrastructure Warning Information Network (CIWIN) - with the aim of assisting Member States to exchange information on vulnerabilities and appropriate measures and strategies to mitigate risks related to CIP.

Amendment 13

Proposal for a decision Article 2 – paragraph 2

‘Critical Infrastructure’ shall mean those assets, systems or parts thereof located in Member States which are essential for the maintenance of vital societal functions, health, safety, security, economic or social well-being of people, and the disruption or destruction of which would have a significant impact in a Member State as a result of the failure to maintain those functions. ‘Critical Infrastructure’ shall mean those assets, systems or parts thereof located in Member States which are essential for the maintenance of vital societal functions, health, safety, security, supply chain, economic or social well-being of people, and the disruption or destruction of which would have a significant impact in a Member State as a result of the failure to maintain those functions.

Amendment 14

Proposal for a decision Article 2 – paragraph 3

‘Participating Member State’ shall mean the Member State having signed a Memorandum of understanding with the Commission. deleted

Amendment 15

Proposal for a decision Article 3

Article 3 Participation Participation in and use of CIWIN is open to all Member States. The participation to CIWIN shall be conditional upon the signature of a Memorandum of understanding that contains technical and security requirements applicable to CIWIN, and information on the sites to be connected to CIWIN. deleted

Amendment 16

Proposal for a decision Article 4 – Title

Functionalities Functionality and structure

Amendment 17

Proposal for a decision Article 4 – paragraph 1

(1) The CIWIN shall consist of the two following functionalities: (a) an electronic forum for the CIP related to information exchange; (b) a rapid alert functionality that shall enable participating Member States and the Commission to post alerts on immediate risks and threats to critical infrastructure. (1) The CIWIN shall be designed as an electronic forum for the CIP related to information exchange.

Amendment 18

Proposal for a decision Article 4 – paragraph 1 a (new)

(1a) The technical platform for CIWIN shall be present in at least one secure location in each Member State.

Amendment 19

Proposal for a decision Article 4 – paragraph 2 – subparagraph 2

Fixed areas shall be included in the system on a permanent basis. While their content may be adjusted, the areas may not be removed , renamed or new areas added . Annex I contains a list of fixed areas. Fixed areas shall be included in the system on a permanent basis. While their content may be adjusted, the areas may not be removed and renamed. Annex I contains a list of fixed areas. This does not preclude the inclusion of new areas if the functioning of the system demonstrates that it is necessary.

Amendment 20

Proposal for a decision Article 5 – paragraph 1

(1) Participating Member States shall designate a CIWIN Executive and notify the Commission thereof. CIWIN Executive shall be responsible for granting or denying access rights to the CIWIN within the relevant Member State. (1) Member States shall designate a CIWIN Executive and notify the Commission thereof. CIWIN Executive shall be responsible for granting or denying access rights to the CIWIN within the relevant Member State.

(This amendment applies throughout the text.)

Amendment 21

Proposal for a decision Article 5 – paragraph 2

(2) Participating Member States shall provide access to the CIWIN in compliance with the guidelines adopted by the Commission. (2) Member States shall provide access to the CIWIN in compliance with the user guidelines adopted by the Commission.

Amendment 22

Proposal for a decision Article 6 – paragraph 1 – point b

(b) laying down guidelines on the terms of use of the system, including confidentiality, transmission, storage, filing and deletion of information. The Commission shall also establish the terms and procedures for granting full or selective access to the CIWIN. (b) laying down user guidelines on the terms of use of the system, including confidentiality, transmission, storage, filing and deletion of information. The Commission shall also establish the terms and procedures for granting full or selective access to the CIWIN.

Amendment 23

Proposal for a decision Article 6 – paragraph 3 a (new)

(3a) The Commission shall monitor the functioning of the CIWIN system.

Amendment 24

Proposal for a decision Article 7 – paragraph 2

(2) Users’ rights to access documents shall be on a ‘need to know’ basis and must at all times respect the author’s specific instructions on the protection and distribution of a document. (2) Users’ rights to access documents shall be on a ‘need to know’ basis . Users shall at all times respect the author’s specific instructions on the protection and distribution of a document.

Amendment 25

Proposal for a decision Article 7 – paragraph 2 a (new)

(2a) In Member States, the exchange of sensitive information uploaded onto CIWIN between authorised users and third parties shall be subject to the prior authorisation of the owner of that information and shall take place in accordance with relevant Community and national law.

Amendment 26

Proposal for a decision Article 7 a (new)

Article 7a Requirements relating to information included in CIWIN For any information or documents uploaded in the system an automatic translation will be possible. The Commission shall, in collaboration with CIP contact points, develop a list of key words for each sector which could be used when uploading or searching for information in CIWIN.

Amendment 27

Proposal for a decision Article 8

The Commission shall develop and regularly update User guidelines containing full details of CIWIN’s functionalities and roles. The Commission shall develop and regularly update the User guidelines containing full details of CIWIN’s functionality and roles.

Amendment 28

Proposal for a decision Article 8 – paragraph 1 a (new)

The User Guidelines shall be established in accordance with the advisory procedure laid down in Article 3 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (3).

Amendment 29

Proposal for a decision Article 10 – paragraph 1

The Commission shall review and evaluate the operation of the CIWIN every three years, and shall submit regular reports to the Member States. The Commission , using specially developed indicators for monitoring progress, shall review and evaluate the operation of the CIWIN every three years, and shall submit regular reports to all Member States , the European Parliament, the Committee of the Regions and the European Economic and Social Committee .

Amendment 30

Proposal for a decision Article 10 – paragraph 2

The first report, which shall be submitted within three years after the entry into force of this Decision, shall, in particular, identify those elements of the Community network which should be improved or adapted. It shall also include any proposal that the Commission considers necessary for the amendment or adaptation of this Decision. The first report, which shall be submitted within three years after the entry into force of this Decision, shall, in particular, identify those elements of the Community network which should be improved or adapted and shall, in particular, assess the participation of each Member State in the CIWIN system as well as the possibility of upgrading CIWIN to include a rapid alert system (RAS) functionality . It shall also include any proposal that the Commission considers necessary for the amendment or adaptation of this Decision.

Amendment 31

Proposal for a decision Article 11

This Decision shall apply as from 1 January 2009 . This Decision shall take effect on the day of its publication in the Official Journal of the European Union .

Amendment 32

Proposal for a decision Annex II – point 3