Critical Infrastructure Warning Information Network * European Parliament legislative resolution of 22 April 2009 on the proposal for a Council decision on a Critical Infrastructure Warning Information Network (CIWIN) (COM(2008)0676 – C6-0399/2008 – 2008/0200(CNS))
Date: 2009-04-22
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU programme, industrial hazard, information network, natural disaster, public safety, terrorism








CE2010184EN.01017401.xml










8.7.2010   


EN


Official Journal of the European Union


CE 184/174





Wednesday 22 April 2009Critical Infrastructure Warning Information Network *
P6_TA(2009)0227
European Parliament legislative resolution of 22 April 2009 on the proposal for a Council decision on a Critical Infrastructure Warning Information Network (CIWIN) (COM(2008)0676 – C6-0399/2008 – 2008/0200(CNS))
2010/C 184 E/41
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2008)0676),
having regard to Article 308 of the EC Treaty and Article 203 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0399/2008),
having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,
having regard to Rules 51 and 35 of its Rules of Procedure,
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0228/2009),






1.


Approves the Commission proposal as amended;










2.


Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;










3.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;










4.


Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;










5.


Calls on the Commission, following the entry into force of the Treaty of Lisbon, if the Council has not taken any decision in this respect, to consider the possibility of using Article 196 (Civil Protection) as the legal basis for this proposal and to reconsider, if appropriate, submitting a proposal to Parliament;










6.


Instructs its President to forward its position to the Council and the Commission.










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













(3)






Alert Areas, which may be created in the event of an alert being triggered in the RAS, and will constitute the channel of communication during CIP-related activities;










deleted








(1)  
14894/04.



(2)  
Council Document 15232/04.



(3)  

OJ L 184, 17.7.1999, p. 23.