This document is an excerpt from the EUR-Lex website
Document 32023R0203
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
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
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
C/2022/7215
OJ L 31, 2.2.2023, p. 1–40
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force: This act has been changed. Current consolidated version: 05/10/2023
2.2.2023 |
EN |
Official Journal of the European Union |
L 31/1 |
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:
|
(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) |
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:
|
(2) |
in Article 18, the following point (l) is added:
|
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).
ANNEX I
INFORMATION SECURITY – AUTHORITY REQUIREMENTS
[PART-IS.AR]
IS.AR.100 |
Scope |
IS.AR.200 |
Information security management system (ISMS) |
IS.AR.205 |
Information security risk assessment |
IS.AR.210 |
Information security risk treatment |
IS.AR.215 |
Information security incidents – detection, response, and recovery |
IS.AR.220 |
Contracting of information security management activities |
IS.AR.225 |
Personnel requirements |
IS.AR.230 |
Record-keeping |
IS.AR.235 |
Continuous improvement |
IS.AR.100 Scope
This Part establishes the management requirements to be met by the competent authorities referred to in Article 2(2) of this Regulation.
The requirements to be met by those competent authorities for the performance of their certification, oversight and enforcement activities are contained in the Regulations referred to in Article 2(1) of this Regulation and in Article 2 of Delegated Regulation (EU) 2022/1645.
IS.AR.200 Information security management system (ISMS)
(a) |
In order to achieve the objectives set out in Article 1, the competent authority shall set up, implement and maintain an information security management system (ISMS) which ensures that the competent authority:
|
(b) |
In order to continuously meet the requirements referred to in Article 1, the competent authority shall implement a continuous improvement process in accordance with point IS.AR.235. |
(c) |
The competent authority shall document all key processes, procedures, roles and responsibilities required to comply with point IS.AR.200(a) and establish a process for amending this documentation. |
(d) |
The processes, procedures, roles and responsibilities established by the competent authority in order to comply with point IS.AR.200(a) shall correspond to the nature and complexity of its activities, based on an assessment of the information security risks inherent to those activities, and may be integrated within other existing management systems already implemented by the competent authority. |
IS.AR.205 Information security risk assessment
(a) |
The competent authority shall identify all the elements of its own organisation which could be exposed to information security risks. This shall include:
|
(b) |
The competent authority shall identify the interfaces that its own organisation has with other organisations, and which could result in the mutual exposure to information security risks. |
(c) |
For the elements and interfaces referred to in points (a) and (b), the competent authority shall identify the information security risks which may have a potential impact on aviation safety. For each identified risk, the competent authority shall:
The predefined classification referred to in point (1) shall take into account the potential of occurrence of the threat scenario and the severity of its safety consequences. Through this classification, and taking into account whether the competent authority has a structured and repeatable risk management process for operations, the competent authority shall be able to establish whether the risk is acceptable or needs to be treated in accordance with point IS.AR.210. In order to facilitate the mutual comparability of risks assessments, the assignment of the risk level per point (1) shall take into account relevant information acquired in coordination with the organisations referred to in point (b). |
(d) |
The competent authority shall review and update the risk assessment carried out in accordance with points (a), (b) and (c) in any of the following cases:
|
IS.AR.210 Information security risk treatment
(a) |
The competent authority shall develop measures to address unacceptable risks identified in accordance with point IS.AR.205, shall implement them in a timely manner and shall check their continued effectiveness. Those measures shall enable the competent authority to:
Those measures shall not introduce any new potential unacceptable risks to aviation safety. |
(b) |
The person referred to in point IS.AR.225 (a) and other affected personnel of the competent authority shall be informed of the outcome of the risk assessment carried out in accordance with point IS.AR.205, the corresponding threat scenarios and the measures to be implemented. The competent authority shall also inform organisations with which it has an interface in accordance with point IS.AR.205 (b) of any risk shared between competent authority and the organisation. |
IS.AR.215 Information security incidents – detection, response and recovery
(a) |
Based on the outcome of the risk assessment carried out in accordance with point IS.AR.205 and the outcome of the risk treatment performed in accordance with point IS.AR.210, the competent authority shall implement measures to detect events that indicate the potential materialisation of unacceptable risks and which may have a potential impact on aviation safety. Those detection measures shall enable the competent authority to:
|
(b) |
The competent authority shall implement measures to respond to any event conditions identified in accordance with point (a) that may develop or have developed into an information security incident. Those response measures shall enable the competent authority to:
|
(c) |
The competent authority shall implement measures aimed at recovering from information security incidents, including emergency measures, if needed. Those recovery measures shall enable the competent authority to:
|
IS.AR.220 Contracting of information security management activities
The competent authority shall ensure that when contracting any part of the activities referred to in point IS.AR.200 to other organisations, the contracted activities comply with the requirements of this Regulation and the contracted organisation works under its oversight. The competent authority shall ensure that the risks associated with the contracted activities are appropriately managed.
IS.AR.225 Personnel requirements
The competent authority shall:
(a) |
have a person who has the authority to establish and maintain the organisational structures, policies, processes, and procedures necessary to implement this Regulation. This person shall:
|
(b) |
have a process in place to ensure that they have sufficient personnel on duty to perform the activities covered by this Annex; |
(c) |
have a process in place to ensure that the personnel referred to in point (b) have the necessary competence to perform their tasks; |
(d) |
have a process in place to ensure that personnel acknowledge the responsibilities associated with the assigned roles and tasks; |
(e) |
ensure that the identity and trustworthiness of the personnel who have access to information systems and data subject to the requirements of this Regulation are appropriately established. |
IS.AR.230 Record-keeping
(a) |
The competent authority shall keep records of its information security management activities
|
(b) |
The competent authority shall keep records of qualification and experience of its own staff involved in information security management activities
|
(c) |
The format of the records shall be specified in the competent authority’s procedures. |
(d) |
Records shall be stored in a manner that ensures protection from damage, alteration and theft, with information being identified, when required, according to its security classification level. The competent authority shall ensure that the records are stored using means to ensure integrity, authenticity and authorised access. |
IS.AR.235 Continuous improvement
(a) |
The competent authority shall assess, using adequate performance indicators, the effectiveness and maturity of its own ISMS. The assessment shall be performed on a predefined calendar basis defined by the competent authority or following an information security incident. |
(b) |
If deficiencies are found following the assessment carried out in accordance with point (a), the competent authority shall take the necessary improvement measures to ensure that the ISMS continues to comply with the applicable requirements and maintains the information security risks at an acceptable level. In addition, the competent authority shall reassess those elements of the ISMS affected by the adopted measures. |
ANNEX II
INFORMATION SECURITY – ORGANISATION REQUIREMENTS
[PART-IS.I.OR]
IS.I.OR.100 |
Scope |
IS.I.OR.200 |
Information security management system (ISMS) |
IS.I.OR.205 |
Information security risk assessment |
IS.I.OR.210 |
Information security risk treatment |
IS.I.OR.215 |
Information security internal reporting scheme |
IS.I.OR.220 |
Information security incidents – detection, response, and recovery |
IS.I.OR.225 |
Response to findings notified by the competent authority |
IS.I.OR.230 |
Information security external reporting scheme |
IS.I.OR.235 |
Contracting of information security management activities |
IS.I.OR.240 |
Personnel requirements |
IS.I.OR.245 |
Record-keeping |
IS.I.OR.250 |
Information security management manual (ISMM) |
IS.I.OR.255 |
Changes to the information security management system |
IS.I.OR.260 |
Continuous improvement |
IS.I.OR.100 Scope
This Part establishes the requirements to be met by the organisations referred to in Article 2(1) of this Regulation.
IS.I.OR.200 Information security management system (ISMS)
(a) |
In order to achieve the objectives set out in Article 1, the organisation shall set up, implement and maintain an information security management system (ISMS) which ensures that the organisation:
|
(b) |
In order to continuously meet the requirements referred to in Article 1, the organisation shall implement a continuous improvement process in accordance with point IS.I.OR.260. |
(c) |
The organisation shall document, in accordance with point IS.I.OR.250, all key processes, procedures, roles and responsibilities required to comply with point IS.I.OR.200(a), and shall establish a process for amending that documentation. Changes to those processes, procedures, roles and responsibilities shall be managed in accordance with point IS.I.OR.255. |
(d) |
The processes, procedures, roles and responsibilities established by the organisation in order to comply with point IS.I.OR.200(a) shall correspond to the nature and complexity of its activities, based on an assessment of the information security risks inherent to those activities, and may be integrated within other existing management systems already implemented by the organisation. |
(e) |
Without prejudice to the obligation to comply with the reporting requirements laid down in Regulation (EU) No 376/2014 and the requirements laid down in point IS.I.OR.200 (a)(13), the organisation may be approved by the competent authority not to implement the requirements referred to in points (a) to (d) and the related requirements contained in points IS.I.OR.205 through IS.I.OR.260, if it demonstrates to the satisfaction of that authority that its activities, facilities and resources, as well as the services it operates, provides, receives and maintains, do not pose any information security risks with a potential impact on aviation safety neither to itself nor to other organisations. The approval shall be based on a documented information security risk assessment carried out by the organisation or a third party in accordance with point IS.I.OR.205 and reviewed and approved by its competent authority. The continued validity of that approval will be reviewed by the competent authority following the applicable oversight audit cycle and whenever changes are implemented in the scope of work of the organisation. |
IS.I.OR.205 Information security risk assessment
(a) |
The organisation shall identify all its elements which could be exposed to information security risks. That shall include:
|
(b) |
The organisation shall identify the interfaces that it has with other organisations, and which could result in the mutual exposure to information security risks. |
(c) |
With regard to the elements and interfaces referred to in points (a) and (b), the organisation shall identify the information security risks which may have a potential impact on aviation safety. For each identified risk, the organisation shall:
The predefined classification referred to in point (1) shall take into account the potential of occurrence of the threat scenario and the severity of its safety consequences. Based on that classification, and taking into account whether the organisation has a structured and repeatable risk management process for operations, the organisation shall be able to establish whether the risk is acceptable or needs to be treated in accordance with point IS.I.OR.210. In order to facilitate the mutual comparability of risks assessments, the assignment of the risk level pursuant to point (1) shall take into account relevant information acquired in coordination with the organisations referred to in point (b). |
(d) |
The organisation shall review and update the risk assessment carried out in accordance with points (a), (b) and, as applicable, points (c) or (e), in any of the following situations:
|
(e) |
By derogation from point (c), organisations required to comply with Subpart C of Annex III (Part-ATM/ANS.OR) to Implementing Regulation (EU) 2017/373 shall replace the analysis of the impact on aviation safety by an analysis of the impact on their services as per the safety support assessment required by point ATM/ANS.OR.C.005. This safety support assessment shall be made available to the air traffic service providers to whom they provide services and those air traffic service providers shall be responsible for evaluating the impact on aviation safety. |
IS.I.OR.210 Information security risk treatment
(a) |
The organisation shall develop measures to address unacceptable risks identified in accordance with point IS.I.OR.205, implement them in a timely manner and check their continued effectiveness. Those measures shall enable the organisation to:
Those measures shall not introduce any new potential unacceptable risks to aviation safety. |
(b) |
The person referred to in point IS.I.OR.240 (a) and (b) and other affected personnel of the organisation shall be informed of the outcome of the risk assessment carried out in accordance with point IS.I.OR.205, the corresponding threat scenarios and the measures to be implemented. The organisation shall also inform organisations with which it has an interface in accordance with point IS.I.OR.205(b) of any risk shared between both organisations. |
IS.I.OR.215 Information security internal reporting scheme
(a) |
The organisation shall establish an internal reporting scheme to enable the collection and evaluation of information security events, including those to be reported pursuant to point IS.I.OR.230. |
(b) |
That scheme and the process referred to in point IS.I.OR.220 shall enable the organisation to:
|
(c) |
Any contracted organisation which may expose the organisation to information security risks with a potential impact on aviation safety shall be required to report information security events to the organisation. Those reports shall be submitted using the procedures established in the specific contractual arrangements and shall be evaluated in accordance with point (b). |
(d) |
The organisation shall cooperate on investigations with any other organisation that has a significant contribution to the information security of its own activities. |
(e) |
The organisation may integrate that reporting scheme with other reporting schemes it has already implemented. |
IS.I.OR.220 Information security incidents – detection, response and recovery
(a) |
Based on the outcome of the risk assessment carried out in accordance with point IS.I.OR.205 and the outcome of the risk treatment performed in accordance with point IS.I.OR.210, the organisation shall implement measures to detect incidents and vulnerabilities that indicate the potential materialisation of unacceptable risks and which may have a potential impact on aviation safety. Those detection measures shall enable the organisation to:
|
(b) |
The organisation shall implement measures to respond to any event conditions identified in accordance with point (a) that may develop or have developed into an information security incident. Those response measures shall enable the organisation to:
|
(c) |
The organisation shall implement measures aimed at recovering from information security incidents, including emergency measures, if needed. Those recovery measures shall enable the organisation to:
|
IS.I.OR.225 Response to findings notified by the competent authority
(a) |
After receipt of the notification of findings submitted by the competent authority, the organisation shall:
|
(b) |
The actions referred to in point (a) shall be carried out within the period agreed with the competent authority. |
IS.I.OR.230 Information security external reporting scheme
(a) |
The organisation shall implement an information security reporting system that complies with the requirements laid down in Regulation (EU) No 376/2014 and its delegated and implementing acts if that Regulation is applicable to the organisation. |
(b) |
Without prejudice to the obligations of Regulation (EU) No 376/2014, the organisation shall ensure that any information security incident or vulnerability, which may represent a significant risk to aviation safety, is reported to their competent authority. Furthermore:
|
(c) |
The organisation shall report the conditions referred to in point (b) as follows:
|
IS.I.OR.235 Contracting of information security management activities
(a) |
The organisation shall ensure that when contracting any part of the activities referred to in point IS.I.OR.200 to other organisations, the contracted activities comply with the requirements of this Regulation and the contracted organisation works under its oversight. The organisation shall ensure that the risks associated with the contracted activities are appropriately managed. |
(b) |
The organisation shall ensure that the competent authority can have access upon request to the contracted organisation to determine continued compliance with the applicable requirements laid down in this Regulation. |
IS.I.OR.240 Personnel requirements
(a) |
The accountable manager of the organisation designated in accordance with Regulations (EU) No 1321/2014, (EU) No 965/2012, (EU) No 1178/2011, (EU) 2015/340, Implementing Regulation (EU) 2017/373 or Implementing Regulation (EU) 2021/664 as applicable referred to in Article 2(1) of this Regulation shall have corporate authority to ensure that all activities required by this Regulation can be financed and carried out. That person shall:
|
(b) |
The accountable manager shall appoint a person or group of persons to ensure that the organisation complies with the requirements of this Regulation, and shall define the extent of their authority. That person or group of persons shall report directly to the accountable manager, and shall have the appropriate knowledge, background and experience to discharge their responsibilities. It shall be determined in the procedures who deputises for a particular person in the case of lengthy absence of that person. |
(c) |
The accountable manager shall appoint a person or group of persons with the responsibility to manage the compliance monitoring function referred to in point IS.I.OR.200(a)(12). |
(d) |
Where the organisation shares information security organisational structures, policies, processes and procedures with other organisations or with areas of their own organisation which are not part of the approval or declaration, the accountable manager may delegate its activities to a common responsible person. In such a case, coordination measures shall be established between the accountable manager of the organisation and the common responsible person to ensure adequate integration of the information security management within the organisation. |
(e) |
The accountable manager or the common responsible person referred to in (d) shall have corporate authority to establish and maintain the organisational structures, policies, processes and procedures necessary to implement point IS.I.OR.200. |
(f) |
The organisation shall have a process in place to ensure that they have sufficient personnel on duty to carry out the activities covered by this Annex. |
(g) |
The organisation shall have a process in place to ensure that the personnel referred to in point (f) have the necessary competence to perform their tasks. |
(h) |
The organisation shall have a process in place to ensure that personnel acknowledge the responsibilities associated with the assigned roles and tasks. |
(i) |
The organisation shall ensure that the identity and trustworthiness of the personnel who have access to information systems and data subject to the requirements of this Regulation are appropriately established. |
IS.I.OR.245 Record-keeping
(a) |
The organisation shall keep records of its information security management activities
|
(b) |
The organisation shall keep records of qualification and experience of its own staff involved in information security management activities
|
(c) |
The format of the records shall be specified in the organisation’s procedures. |
(d) |
Records shall be stored in a manner that ensures protection from damage, alteration and theft, with information being identified, when required, according to its security classification level. The organisation shall ensure that the records are stored using means to ensure integrity, authenticity and authorised access. |
IS.I.OR.250 Information security management manual (ISMM)
(a) |
The organisation shall make available to the competent authority an information security management manual (ISMM) and, where applicable, any referenced associated manuals and procedures, containing:
|
(b) |
The initial issue of the ISMM shall be approved and a copy shall be retained by the competent authority. The ISMM shall be amended as necessary to remain an up-to-date description of the ISMS of the organisation. A copy of any amendments to the ISMM shall be provided to the competent authority. |
(c) |
Amendments to the ISMM shall be managed in a procedure established by the organisation. Any amendments that are not included within the scope of this procedure and any amendments related to the changes referred to in point IS.I.OR.255(b) shall be approved by the competent authority. |
(d) |
The organisation may integrate the ISMM with other management expositions or manuals it holds, provided there is a clear cross reference that indicates which portions of the management exposition or manual correspond to the different requirements contained in this Annex. |
IS.I.OR.255 Changes to the information security management system
(a) |
Changes to the ISMS may be managed and notified to the competent authority in a procedure developed by the organisation. This procedure shall be approved by the competent authority. |
(b) |
With regard to changes to the ISMS not covered by the procedure referred to in point (a), the organisation shall apply for and obtain an approval issued by the competent authority. With regard to those changes:
|
IS.I.OR.260 Continuous improvement
(a) |
The organisation shall assess, using adequate performance indicators, the effectiveness and maturity of the ISMS. That assessment shall be carried out on a calendar basis predefined by the organisation or following an information security incident. |
(b) |
If deficiencies are found following the assessment carried out in accordance with point (a), the organisation shall take the necessary improvement measures to ensure that the ISMS continues to comply with the applicable requirements and maintains the information security risks at an acceptable level. In addition, the organisation shall reassess those elements of the ISMS affected by the adopted measures. |
ANNEX III
Annexes VI (Part-ARA) and VII (Part-ORA) to Regulation (EU) No 1178/2011 are amended as follows:
(1) |
Annex VI (Part-ARA) is amended as follows:
|
(2) |
Annex VII (Part-ORA) is amended as follows: The following point ORA.GEN.200A is inserted after point ORA.GEN.200: ‘ ORA.GEN.200A Information security management system In addition to the management system referred to in point ORA.GEN.200, the organisation shall establish, implement and maintain an information security management system in accordance with Implementing Regulation (EU) 2023/203 in order to ensure the proper management of information security risks which may have an impact on aviation safety.’. |
ANNEX IV
Annex I (Part 21) to Regulation (EU) No 748/2012 is amended as follows:
(1) |
the Table of Contents is amended as follows:
|
(2) |
in point 21.B.15, the following point (c) is added:
|
(3) |
the following point 21.B.20A is inserted after point 21.B.20: ‘21.B.20A Immediate reaction to an information security incident or vulnerability with an impact on aviation safety
|
(4) |
in point 21.B.25, the following point (e) is added:
|
(5) |
point 21.B.30 is amended as follows:
|
(6) |
in point 21.B.221, the following point (g) is added:
|
(7) |
the following point 21.B.240A is inserted after point 21.B.240: ‘ 21.B.240A Changes to the information security management system
|
(8) |
in point 21.B.431, the following point (d) is added:
|
(9) |
the following point 21.B.435A is inserted after point 21.B.435: ‘ 21.B.435A Changes to the information security management system
|
ANNEX V
Annexes II (Part-ARO) and III (Part-ORO) to Regulation (EU) No 965/2012 are amended as follows:
(1) |
Annex II (Part-ARO) is amended as follows:
|
(2) |
Annex III (Part-ORO) is amended as follows: the following point ORO.GEN.200A is inserted after point ORO.GEN.200: ‘ORO.GEN.200A Information security management system In addition to the management system referred to in point ORO.GEN.200, the operator shall establish, implement and maintain an information security management system in accordance with Implementing Regulation (EU) 2023/203 in order to ensure the proper management of information security risks which may have an impact on aviation safety.’. |
ANNEX VI
Annex II (Part-ADR.AR) to Regulation (EU) No 139/2014 is amended as follows:
(1) |
in point ADR.AR.A.025, the following point (c) is added:
|
(2) |
the following point ADR.AR.A.030A is inserted after point ADR.AR.A.030: ‘ ADR.AR.A.030A Immediate reaction to an information security incident or vulnerability with an impact on aviation safety
|
(3) |
in point ADR.AR.B.005, the following point (d) is added:
|
(4) |
point ADR.AR.B.010 is amended as follows:
|
(5) |
in point ADR.AR.C.005, the following point (f) is added:
|
(6) |
the following point ADR.AR.C.040A is inserted after point ADR.AR.C.040: ‘ ADR.AR.C.040A Changes to the information security management system
|
ANNEX VII
Annexes II (Part-145), III (Part-66) and Vc (Part-CAMO) to Regulation (EU) No 1321/2014 are amended as follows:
(1) |
Annex II (Part-145) is amended as follows:
|
(2) |
Annex III (Part-66) is amended as follows:
|
(3) |
Annex Vc (Part-CAMO) is amended as follows:
|
ANNEX VIII
Annexes II (Part ATCO.AR) and III (Part ATCO.OR) to Regulation (EU) 2015/340 are amended as follows:
(1) |
Annex II (Part ATCO.AR) is amended as follows:
|
(2) |
Annex III (Part ATCO.OR) is amended as follows: The following point ATCO.OR.C.001A is inserted after point ATCO.OR.C.001: ‘ATCO.OR.C.001A Information security management system In addition to the management system referred to in point ATCO.OR.C.001, the training organisation shall establish, implement and maintain an information security management system in accordance with Implementing Regulation (EU) 2023/203 in order to ensure the proper management of information security risks which may have an impact on aviation safety.’. |
ANNEX IX
Annexes II (Part-ATM/ANS.AR) and III (Part-ATM/ANS.OR) to Implementing Regulation (EU) 2017/373 are amended as follows:
(1) |
Annex II (Part-ATM/ANS.AR) is amended as follows:
|
(2) |
Annex III (Part-ATM/ANS.OR) is amended as follows:
|