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Document 02025R0038-20250115
Regulation (EU) 2025/38 of the European Parliament and of the Council of 19 December 2024 laying down measures to strengthen solidarity and capacities in the Union to detect, prepare for and respond to cyber threats and incidents and amending Regulation (EU) 2021/694 (Cyber Solidarity Act)
Consolidated text: Regulation (EU) 2025/38 of the European Parliament and of the Council of 19 December 2024 laying down measures to strengthen solidarity and capacities in the Union to detect, prepare for and respond to cyber threats and incidents and amending Regulation (EU) 2021/694 (Cyber Solidarity Act)
Regulation (EU) 2025/38 of the European Parliament and of the Council of 19 December 2024 laying down measures to strengthen solidarity and capacities in the Union to detect, prepare for and respond to cyber threats and incidents and amending Regulation (EU) 2021/694 (Cyber Solidarity Act)
02025R0038 — EN — 15.01.2025 — 000.001
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REGULATION (EU) 2025/38 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 December 2024 (OJ L 38 15.1.2025, p. 1) |
Corrected by:
REGULATION (EU) 2025/38 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 December 2024
laying down measures to strengthen solidarity and capacities in the Union to detect, prepare for and respond to cyber threats and incidents and amending Regulation (EU) 2021/694 (Cyber Solidarity Act)
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject-matter and objectives
This Regulation lays down measures to strengthen capacities in the Union to detect, prepare for and respond to cyber threats and incidents, in particular by establishing:
a pan-European network of cyber hubs (European Cybersecurity Alert System) to build and enhance coordinated detection and common situational awareness capabilities;
a Cybersecurity Emergency Mechanism to support Member States in preparing for, responding to, mitigating the impact of and initiating recovery from significant cybersecurity incidents and large-scale cybersecurity incidents and to support other users in responding to significant cybersecurity incidents and large-scale-equivalent cybersecurity incidents;
a European Cybersecurity Incident Review Mechanism to review and assess significant cybersecurity incidents or large-scale cybersecurity incidents.
The achievement of the general objectives referred to in paragraph 2 shall be pursued through the following specific objectives:
to strengthen common coordinated Union detection capacities and common situational awareness of cyber threats and incidents;
to reinforce preparedness of entities operating in sectors of high criticality or entities operating in other critical sectors across the Union and strengthen solidarity by developing coordinated preparedness testing and enhanced response and recovery capacities to handle significant cybersecurity incidents, large-scale cybersecurity incidents or large-scale-equivalent cybersecurity incidents, including the possibility of making Union cybersecurity incident response support available for DEP-associated third countries;
to enhance the Union’s resilience and contribute to effective incident response by reviewing and assessing significant cybersecurity incidents or large-scale cybersecurity incidents, including drawing lessons learned and, where appropriate, recommendations.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
‘Cross-Border Cyber Hub’ means a multi-country platform, established by a written consortium agreement that brings together in a coordinated network structure National Cyber Hubs from at least three Member States, and that is designed to enhance the monitoring, detection and analysis of cyber threats to prevent incidents and to support the production of cyber threat intelligence, in particular through the exchange of relevant data and information, anonymised where appropriate, as well as through the sharing of state-of-the-art tools and the joint development of cyber detection, analysis, and prevention and protection capabilities in a trusted environment;
‘Hosting Consortium’ means a consortium composed of participating Member States, that have agreed to establish and to contribute to the acquisition of tools, infrastructure or services for, and the operation of, a Cross-Border Cyber Hub;
‘CSIRT’ means a CSIRT designated or established pursuant to Article 10 of Directive (EU) 2022/2555;
‘entity’ means an entity as defined in Article 6, point (38), of Directive (EU) 2022/2555;
‘entities operating in sectors of high criticality’ means the types of entity listed in Annex I to Directive (EU) 2022/2555;
‘entities operating in other critical sectors’ means the types of entity listed in Annex II to Directive (EU) 2022/2555;
‘risk’ means risk as defined in Article 6, point (9), of Directive (EU) 2022/2555;
‘cyber threat’ means a cyber threat as defined in Article 2, point (8), of Regulation (EU) 2019/881;
‘incident’ means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555;
‘significant cybersecurity incident’ means an incident fulfilling the criteria set out in Article 23(3) of Directive (EU) 2022/2555;
‘major incident’ means a major incident as defined in Article 3, point (8), of Regulation (EU, Euratom) 2023/2841 of the European Parliament and the Council ( 1 );
‘large-scale cybersecurity incident’ means a large-scale cybersecurity incident as defined in Article 6, point (7), of Directive (EU) 2022/2555;
‘large-scale-equivalent cybersecurity incident’ means, in the case of Union institutions, bodies, offices and agencies, a major incident and, in the case of DEP-associated third countries, an incident which causes a level of disruption that exceeds the capacity of the DEP-associated third country concerned to respond to it;
‘DEP-associated third country’ means a third country which is party to an agreement with the Union allowing for its participation in the Digital Europe Programme pursuant to Article 10 of Regulation (EU) 2021/694;
‘contracting authority’ means the Commission or, to the extent that the operation and administration of the EU Cybersecurity Reserve has been entrusted to ENISA pursuant to Article 14(5), ENISA;
‘managed security service provider’ means a managed security service provider as defined in Article 6, point (40), of Directive (EU) 2022/2555;
‘trusted managed security service providers’ means managed security service providers selected to be included in the EU Cybersecurity Reserve in accordance with Article 17.
CHAPTER II
THE EUROPEAN CYBERSECURITY ALERT SYSTEM
Article 3
Establishment of the European Cybersecurity Alert System
The European Cybersecurity Alert System shall:
contribute to better protection from and responses to cyber threats by supporting and cooperating with, and reinforcing the capabilities of, relevant entities, in particular CSIRTs, the CSIRTs network, EU-CyCLONe and competent authorities designated or established pursuant to Article 8(1) of Directive (EU) 2022/2555;
pool relevant data and information on cyber threats and incidents from various sources within the Cross-Border Cyber Hubs and share analysed or aggregated information through Cross-Border Cyber Hubs, where relevant with the CSIRTs network;
collect and support the production of high-quality, actionable information and cyber threat intelligence, through the use of state-of-the art tools and advanced technologies, and share that information and cyber threat intelligence;
contribute to enhancing the coordinated detection of cyber threats and common situational awareness across the Union, and to the issuing of alerts, including, where relevant, by providing concrete recommendations to entities;
provide services and activities for the cybersecurity community in the Union, including contributing to the development of advanced tools and technologies, such as artificial intelligence and data analytics tools.
Article 4
National Cyber Hubs
A National Cyber Hub shall be a single entity acting under the authority of a Member State. It may be a CSIRT or, where applicable, a national cyber crisis management authority or other competent authority designated or established pursuant to Article 8(1) of Directive (EU) 2022/2555, or another entity. The National Cyber Hub shall:
have the capacity to act as a reference point and gateway to other public and private organisations at national level for collecting and analysing information on cyber threats and incidents and to contribute to a Cross-Border Cyber Hub as referred to in Article 5; and
be capable of detecting, aggregating, and analysing data and information relevant to cyber threats and incidents, such as cyber threat intelligence, by using in particular state-of-the-art technologies, with the aim of preventing incidents.
Article 5
Cross-Border Cyber Hubs
Where a Hosting Consortium is selected in accordance with Article 9(3), its members shall conclude a written consortium agreement which:
sets out the internal arrangements for implementing the hosting and usage agreement referred to in Article 9(3);
establishes the Hosting Consortium’s Cross-Border Cyber Hub; and
includes the specific clauses required pursuant to Article 6(1) and (2).
Article 6
Cooperation and information sharing within and between Cross-Border Cyber Hubs
Members of a Hosting Consortium shall ensure that their National Cyber Hubs share, in accordance with the written consortium agreement referred to in Article 5(3), relevant information, anonymised where appropriate, such as information relating to cyber threats, near misses, vulnerabilities, techniques and procedures, indicators of compromise, adversarial tactics, threat-actor-specific information, cybersecurity alerts and recommendations regarding the configuration of cybersecurity tools to detect cyberattacks, among themselves within the Cross-Border Cyber Hub where such information sharing:
fosters and enhances the detection of cyber threats and reinforces the capabilities of the CSIRTs network to prevent and respond to incidents or to mitigate their impact;
enhances the level of cybersecurity, for example through raising awareness in relation to cyber threats, limiting or impeding the ability of such threats to spread, supporting a range of defensive capabilities, vulnerability remediation and disclosure, threat detection, containment and prevention techniques, mitigation strategies, response and recovery stages or promoting collaborative threat research between public and private entities.
The written consortium agreement referred to in Article 5(3) shall establish:
a commitment to share among the members of the Hosting Consortium information as referred to in paragraph 1 and the conditions under which that information is to be shared;
a governance framework clarifying and incentivising the sharing by all participants of relevant information, anonymised where appropriate, as referred to in paragraph 1;
targets for contribution to the development of advanced tools and technologies, such as artificial intelligence and data analytics tools.
The written consortium agreement may specify that the information referred to in paragraph 1 is to be shared in accordance with Union and national law.
Article 7
Cooperation and information sharing with Union-level networks
Article 8
Security
Article 9
Funding of the European Cybersecurity Alert System
CHAPTER III
CYBERSECURITY EMERGENCY MECHANISM
Article 10
Establishment of the Cybersecurity Emergency Mechanism
Article 11
Types of action
The Cybersecurity Emergency Mechanism shall support the following types of action:
preparedness actions, namely:
the coordinated preparedness testing of entities operating in sectors of high criticality across the Union as specified in Article 12;
other preparedness actions for entities operating in sectors of high criticality or entities operating in other critical sectors, as specified in Article 13;
actions supporting response to and initiating recovery from significant cybersecurity incidents, large-scale cybersecurity incidents and large-scale-equivalent cybersecurity incidents, to be provided by trusted managed security service providers participating in the EU Cybersecurity Reserve established under Article 14;
actions supporting mutual assistance as referred to in Article 18.
Article 12
Coordinated preparedness testing of entities
Article 13
Other preparedness actions
Article 14
Establishment of the EU Cybersecurity Reserve
The users of the services provided by the EU Cybersecurity Reserve shall consist of the following:
Member States’ cyber crisis management authorities and CSIRTs as referred to, respectively, in Article 9(1) and (2) and Article 10 of Directive (EU) 2022/2555;
CERT-EU in accordance with Article 13 of Regulation (EU, Euratom) 2023/2841;
competent authorities such as computer security incident response teams and cyber crisis management authorities of DEP-associated third countries in accordance with Article 19(8).
Article 15
Requests for support from the EU Cybersecurity Reserve
Requests for support shall be transmitted to the contracting authority as follows:
in the case of the users referred to in Article 14(3), point (a), of this Regulation, via the single point of contact designated or established pursuant to Article 8(3) of Directive (EU) 2022/2555;
in the case of the user referred to in Article 14(3), point (b), by that user;
in the case of the users referred to in Article 14(3), point (c), via the single point of contact referred to in Article 19(9).
Requests for incident response and initial recovery support shall include:
appropriate information regarding the entity affected and the potential impact of the incident on:
in the case of users referred to in Article 14(3), point (a), the Member States and users affected, including the risk of spillover to another Member State;
in the case of the user referred to in Article 14(3), point (b), the Union institutions, bodies, offices or agencies affected,
in the case of users referred to in Article 14(3), point (c), the DEP-associated countries affected;
information regarding the requested service, together with the planned use of the requested support, including an indication of the estimated needs;
appropriate information about measures taken to mitigate the incident for which the support is requested, as referred to in paragraph 2;
where relevant, available information about other forms of support available to the entity affected.
Article 16
Implementation of the support from the EU Cybersecurity Reserve
As regards information shared in the course of requesting and providing the services of the EU Cybersecurity Reserve, all parties involved in the application of this Regulation shall:
limit the use and sharing of that information to what is necessary to discharge their obligations or functions under this Regulation;
use and share any information that is confidential or classified pursuant to Union and national law only in accordance with that law; and
ensure effective, efficient and secure information exchange, where appropriate by using and respecting relevant information-sharing protocols including the traffic light protocol.
In assessing individual requests under Article 16(1) and Article 19(10), the contracting authority or the Commission, as applicable, shall first assess whether the criteria referred to in Article 15(1) and (2) are fulfilled. If that is the case, it shall assess the duration and nature of support that is appropriate, having regard to the objective referred to in Article 1(3), point (b), and the following criteria, where relevant:
the scale and severity of the incident;
the type of entity affected, with higher priority given to incidents affecting essential entities as referred to in Article 3(1) of Directive (EU) 2022/2555;
the potential impact of the incident on the affected Member States, Union institutions, bodies, offices or agencies, or DEP-associated third countries;
the potential cross-border nature of the incident and the risk of spillover to other Member States, Union institutions, bodies, offices or agencies, or DEP-associated third countries;
the measures taken by the user to assist the response, and initial recovery efforts, as referred in Article 15(2).
Users may use the EU Cybersecurity Reserve services provided in response to a request under Article 15(1) only in order to support response to and initiate recovery from significant cybersecurity incidents, large-scale cybersecurity incidents or large-scale-equivalent cybersecurity incidents. They may use those services only in respect of:
entities operating in sectors of high criticality or entities operating in other critical sectors, in the case of users referred to in Article 14(3), point (a), and equivalent entities in the case of users referred to in Article 14(3), point (c); and
Union institutions, bodies, offices and agencies, in the case of the user referred to in Article 14(3), point (b).
Within 2 months of the end of a support, users that have received support shall provide a summary report about the service provided, the results achieved and the lessons learned, to:
the Commission, ENISA, the CSIRTs network and EU-CyCLONe in the case of users referred to in Article 14(3), point (a);
the Commission, ENISA and the IICB in the case of the user referred to in Article 14(3), point (b);
the Commission in the case of users referred to in Article 14(3), point (c).
The Commission shall transmit any summary report received from users referred to in Article 14(3) pursuant to the first subparagraph, point (c), of this paragraph, to the Council and the High Representative.
Article 17
Trusted managed security service providers
In procurement procedures for the purpose of establishing the EU Cybersecurity Reserve, the contracting authority shall act in accordance with the principles laid down in Regulation (EU, Euratom) 2024/2509 and in accordance with the following principles:
ensure that the services included in the EU Cybersecurity Reserve, when taken as a whole, are such that the EU Cybersecurity Reserve includes services that may be deployed in all Member States, taking into account in particular national requirements for the provision of such services, including on languages, certification or accreditation;
ensure the protection of the essential security interests of the Union and its Member States;
ensure that the EU Cybersecurity Reserve brings Union added value, by contributing to the objectives set out in Article 3 of Regulation (EU) 2021/694, including promoting the development of cybersecurity skills in the Union.
When procuring services for the EU Cybersecurity Reserve, the contracting authority shall include in the procurement documents the following criteria and requirements:
the provider shall demonstrate that its personnel has the highest degree of professional integrity, independence, responsibility, and the requisite technical competence to perform the activities in their specific field, and ensures the permanence and continuity of expertise as well as the required technical resources;
the provider, and any relevant subsidiaries and subcontractors, shall comply with applicable rules on the protection of classified information and shall have in place appropriate measures, including, where relevant, agreements between one another, to protect confidential information relating to the service, and in particular evidence, findings and reports;
the provider shall provide sufficient proof that its governing structure is transparent, not likely to compromise its impartiality and the quality of its services or to cause conflicts of interest;
the provider shall have appropriate security clearance, at least for personnel intended for service deployment, where required by a Member State;
the provider shall have the relevant level of security for its IT systems;
the provider shall be equipped with the hardware and software necessary to support the requested service, which shall not contain known exploitable vulnerabilities, shall include the latest security updates and shall in any case comply with any applicable provision of Regulation (EU) 2024/2847 of the European Parliament and of the Council ( 2 );
the provider shall be able to demonstrate that it has experience in delivering similar services to relevant national authorities, entities operating in sectors of high criticality or entities operating in other critical sectors;
the provider shall be able to provide the service within a short timeframe in the Member States where it can deliver the service;
the provider shall be able to provide the service in one or more official languages of the Union institutions or of a Member State as required, if any, by the Member States or users referred to in Articles 14(3), points (b) and (c), where the provider can deliver the service;
once an European cybersecurity certification scheme for managed security services pursuant to Regulation (EU) 2019/881 is in place, the provider shall be certified in accordance with that scheme within 2 years from the date of application of the scheme;
the provider shall include in the tender the conversion conditions for any unused incident response service that could be converted into preparedness services closely related to incident response, such as exercises or training.
Article 18
Actions supporting mutual assistance
Article 19
Support to DEP-associated third countries
The Commission shall assess regularly, and at least once a year, the following criteria in respect of each DEP-associated third country referred to in paragraph 1:
whether that country is complying with the terms of the agreement referred to in paragraph 1, insofar as those terms relate to participation in the EU Cybersecurity Reserve;
whether that country has taken adequate steps to prepare for significant cybersecurity incidents or large-scale-equivalent cybersecurity incidents, based on the information referred to in paragraph 2; and
whether the provision of support is consistent with the Union’s policy towards and overall relations with that country and whether it is consistent with other Union policies in the field of security.
The Commission shall consult the High Representative when conducting the assessment referred to in the first subparagraph, with regard to the criterion referred to in point (c) of that subparagraph.
Where the Commission concludes that a DEP-associated third country meets all of the conditions referred to in the first subparagraph, the Commission shall submit a proposal to the Council to adopt an implementing act in accordance with paragraph 4 authorising the provision of support from the EU Cybersecurity Reserve to that country.
For the purposes of this Article, the Council shall act expeditiously and shall, as a rule, adopt the implementing acts referred to in this paragraph within eight weeks of the adoption of the relevant Commission proposal pursuant to paragraph 3, third subparagraph.
Where the Council considers there to have been a significant change concerning the criterion referred to in paragraph 3, first subparagraph, point (c), the Council may amend or repeal an implementing act adopted pursuant to paragraph 4 acting on the duly reasoned initiative of one or more Member States.
Article 20
Coordination with Union crisis management mechanisms
CHAPTER IV
EUROPEAN CYBERSECURITY INCIDENT REVIEW MECHANISM
Article 21
European Cybersecurity Incident Review Mechanism
CHAPTER V
FINAL PROVISIONS
Article 22
Amendments to Regulation (EU) 2021/694
Regulation (EU) 2021/694 is amended as follows:
Article 6 is amended as follows:
paragraph 1 is amended as follows:
the following point is inserted:
support the development of the European Cybersecurity Alert System established by Article 3 of Regulation (EU) 2025/38 of the European Parliament and of the Council ( *1 ) (the “European Cybersecurity Alert System”), including the development, deployment and operation of National Cyber Hubs and Cross-Border Cyber Hubs that contribute to situational awareness in the Union and to enhancing the cyber threat intelligence capacities of the Union;
the following point is added:
establish and operate the Cybersecurity Emergency Mechanism established by Article 10 of Regulation (EU) 2025/38, including the EU Cybersecurity Reserve established by Article 14 of that Regulation (the “EU Cybersecurity Reserve”), to support Member States in preparing for and responding to significant cybersecurity incidents and large-scale cybersecurity incidents that is complementary to national resources and capabilities and other forms of support available at Union level, and to support other users in responding to significant cybersecurity incidents and large-scale-equivalent cybersecurity incidents;’
;
paragraph 2 is replaced by the following:
Article 9 is amended as follows:
in paragraph 2, points (b), (c) and (d) are replaced by the following:
EUR 1 760 806 000 for Specific Objective 2 – Artificial Intelligence;
EUR 1 372 020 000 for Specific Objective 3 – Cybersecurity and Trust;
EUR 482 640 000 for Specific Objective 4 – Advanced Digital Skills;’
;
the following paragraph is added:
;
Article 12 is amended as follows:
the following paragraphs are inserted:
Paragraph 5 shall not apply, insofar as concerns legal entities that are established in the Union but are controlled from third countries, to any action implementing the European Cybersecurity Alert System where both of the following conditions are fulfilled in respect of the action concerned:
there is a real risk, taking into account the results of the mapping carried out pursuant to Article 9(4) of Regulation (EU) 2025/38, that the tools, infrastructure or services necessary and sufficient for that action to adequately contribute to the objective of the European Cybersecurity Alert System will not be available from legal entities established or deemed to be established in Member States and controlled by Member States or by nationals of Member States;
the security risk of procuring from such legal entities within the European Cybersecurity Alert System is proportionate to the benefits and does not undermine the essential security interests of the Union and its Member States.
Paragraph 5 shall not apply, insofar as concerns legal entities that are established in the Union but are controlled from third countries, to any action implementing the EU Cybersecurity Reserve where both of the following conditions are fulfilled in respect of the action concerned:
there is a real risk, taking into account the results of the mapping carried out pursuant to Article 14(6) of Regulation (EU) 2025/38, that the technology, expertise or capacity necessary and sufficient for the EU Cybersecurity Reserve to adequately perform its functions will not be available from legal entities established or deemed to be established in Member States and controlled by Member States or by nationals of Member States;
the security risk of including such legal entities within the EU Cybersecurity Reserve is proportionate to the benefits and does not undermine the essential security interests of the Union and its Member States.’
;
paragraph 6 is replaced by the following:
The first subparagraph shall also apply, insofar as concerns legal entities that are established in the Union but are controlled from third countries, to actions under Specific Objective 3:
to implement the European Cybersecurity Alert System where paragraph 5a applies; and
to implement the EU Cybersecurity Reserve where paragraph 5b applies.’
;
in Article 14, paragraph 2 is replaced by the following:
Where the achievement of the objective of an action requires the procurement of innovative goods and services, grants may be awarded only to beneficiaries that are contracting authorities or contracting entities as defined in Directives 2014/24/EU ( *3 ) and 2014/25/EU ( *4 ) of the European Parliament and of the Council.
Where the supply of innovative goods or services that are not yet available on a large-scale commercial basis is necessary to achieve the objectives of an action, the contracting authority or the contracting entity may authorise the award of multiple contracts within the same procurement procedure.
For duly justified reasons of public security, the contracting authority or the contracting entity may require that the place of performance of the contract be situated within the territory of the Union.
When implementing procurement procedures for the EU Cybersecurity Reserve, the Commission and ENISA may act as a central purchasing body to procure on behalf of or in the name of third countries associated to the Programme in accordance with Article 10 of this Regulation. The Commission and ENISA may also act as wholesaler, by buying, stocking and reselling or donating supplies and services, including rentals, to those third countries. By way of derogation from Article 168(3) of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council ( *5 ), the request from a single third country shall be sufficient to mandate the Commission or ENISA to act.
When implementing procurement procedures for the EU Cybersecurity Reserve, the Commission and ENISA may act as a central purchasing body to procure on behalf of or in the name of Union institutions, bodies, offices or agencies. The Commission and ENISA may also act as a wholesaler, by buying, stocking and reselling or donating supplies and services, including rentals, to Union institutions, bodies, offices or agencies. By way of derogation from Article 168(3) of Regulation (EU, Euratom) 2024/2509, a request from a single Union institution, body, office or agency shall be sufficient to mandate the Commission or ENISA to act.
The Programme may also provide financing in the form of financial instruments within blending operations.
the following article is inserted:
‘Article 16a
Conflicts of rules
In the case of actions implementing the European Cybersecurity Alert System, the applicable rules shall be those set out in Articles 4, 5 and 9 of Regulation (EU) 2025/38. In the case of a conflict between the provisions of this Regulation and Articles 4, 5 and 9 of Regulation (EU) 2025/38, the latter shall prevail and apply to those specific actions.
In the case of EU Cybersecurity Reserve, specific rules for the participation of third countries associated to the Programme are laid down in Article 19 of Regulation (EU) 2025/38. In the case of a conflict between the provisions of this Regulation and Article 19 of Regulation (EU) 2025/38, the latter shall prevail and apply to those specific actions.’
;Article 19 is replaced by the following:
‘Article 19
Grants
Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation and may cover up to 100 % of the eligible costs, without prejudice to the co-financing principle as laid down in Article 190 of the Financial Regulation. Such grants shall be awarded and managed as specified for each specific objective.
Support in the form of grants may be awarded directly by the ECCC without a call for proposals to the Member States selected pursuant to Article 9 of Regulation (EU) 2025/38 and the Hosting Consortium referred to in Article 5 of Regulation (EU) 2025/38, in accordance with Article 195(1), point (d), of the Financial Regulation.
Support in the form of grants for the Cybersecurity Emergency Mechanism may be awarded directly by the ECCC to Member States without a call for proposals, in accordance with Article 195(1), point (d), of the Financial Regulation.
With regard to actions supporting mutual assistance provided for in Article 18 of Regulation (EU) 2025/38, the ECCC shall inform the Commission and ENISA about Member States’ requests for direct grants without a call for proposals.
With regard to actions supporting mutual assistance provided for in Article 18 of Regulation (EU) 2025/38, and in accordance with Article 193(2), second subparagraph, point (a), of the Financial Regulation, the costs may, in duly justified cases, be considered to be eligible even if they were incurred before the grant application was submitted.’
;Annexes I and II are amended in accordance with the Annex to this Regulation.
Article 23
Exercise of the delegation
Article 24
Committee procedure
Article 25
Evaluation and review
The evaluation referred to in paragraph 1 shall assess, in particular:
the number of National Cyber Hubs and Cross-Border Cyber Hubs established, the extent of information shared, including, if possible, the impact on the work of the CSIRTs network, and the extent to which those have contributed to strengthening common Union detection and situational awareness of cyber threats and incidents and to the development of state-of-the-art technologies; the use of DEP funding for cybersecurity tools, infrastructure, or services jointly procured; and, if the information is available, the level of cooperation between National Cyber Hubs and sectoral and cross-sectoral communities of essential and important entities as referred to in Article 3 of Directive (EU) 2022/2555;
the use and effectiveness of actions under the Cybersecurity Emergency Mechanism supporting preparedness, including training, response to and initial recovery from significant cybersecurity incidents, large-scale cybersecurity incidents and large-scale-equivalent cybersecurity incidents, including the use of DEP funding and the lessons learned and recommendations from the implementation of the Cybersecurity Emergency Mechanism;
the use and effectiveness of the EU Cybersecurity Reserve in relation to types of user, including the use of DEP funding, the uptake of services, including their type, the average time for responding to the requests and for the EU Cybersecurity Reserve to be deployed, the percentage of services converted into preparedness services related to incident prevention and response and the lessons learned and recommendations from the implementation of the EU Cybersecurity Reserve;
the contribution of this Regulation to strengthening the competitive position of the industry and services in the Union across the digital economy, including microenterprises and small and medium-sized enterprises as well as start-ups, and the contribution to the overall objective of reinforcing the cybersecurity skills and capacities of the workforce.
Article 26
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
Regulation (EU) 2021/694 is amended as follows:
in Annex I, the section ‘Specific Objective 3 – Cybersecurity and Trust’ is replaced by the following:
‘Specific Objective 3 – Cybersecurity and Trust
The Programme shall stimulate the reinforcement, building and acquisition of essential capacities to secure the Union’s digital economy, society and democracy by reinforcing the Union cybersecurity industrial potential and competitiveness, as well as by improving capabilities of both the private and public sectors to protect citizens and businesses from cyber threats, including by supporting the implementation of Directive (EU) 2016/1148.
Initial and, where appropriate, subsequent actions under this objective shall include:
Co-investment with Member States in advanced cybersecurity equipment, infrastructure and know-how that are essential to protect critical infrastructures and the Digital Single Market at large. Such co-investment could include investments in quantum facilities and data resources for cybersecurity, situational awareness in cyberspace including National Cyber Hubs and Cross-Border Cyber Hubs forming the European Cybersecurity Alert System, as well as other tools to be made available to public and private sector across Europe.
Scaling up existing technological capacities and networking the competence centres in Member States and making sure that those capacities respond to public sector and industry needs, including through products and services that reinforce cybersecurity and trust within the Digital Single Market.
Ensuring wide deployment of effective state-of-the-art cybersecurity and trust solutions across the Member States. Such deployment includes strengthening the security and safety of products, from their design to their commercialisation.
Support closing the cybersecurity skills gap, taking into account gender balance by, for example, aligning cybersecurity skills programmes, adapting them to specific sectorial needs and facilitating access to targeted specialised training.
Promoting solidarity among Member States in preparing for and responding to significant cybersecurity incidents and large-scale cybersecurity incidents through deployment of cybersecurity services across borders, including support for mutual assistance between public authorities and the establishment of a reserve of trusted managed security service providers at Union level.’;
in Annex II, the section ‘Specific Objective 3 – Cybersecurity and Trust’ is replaced by the following:
‘Specific Objective 3 – Cybersecurity and Trust
3.1. The number of cybersecurity infrastructure, or tools, or both jointly procured including in the context of the European Cybersecurity Alert System
3.2. The number of users and user communities getting access to European cybersecurity facilities
3.3. The number of actions supporting preparedness for and response to cybersecurity incidents under the Cybersecurity Emergency Mechanism’.
A statement has been made with regard to this act and can be found in OJ C, C/2025/310, 15.1.2025, ELI: http://data.europa.eu/eli/C/2025/310/oj.
( ) Regulation (EU, Euratom) 2023/2841 of the European Parliament and of the Council of 13 December 2023 laying down measures for a high common level of cybersecurity at the institutions, bodies, offices and agencies of the Union (OJ L, 2023/2841, 18.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2841/oj).
( ) Regulation (EU) 2024/2847 of the European Parliament and of the Council of 23 October 2024 on horizontal cybersecurity requirements for products with digital elements and amending Regulations (EU) No 168/2013 and (EU) 2019/1020 and Directive (EU) 2020/1828 (Cyber Resilience Act) (OJ L, 2024/2847, 20.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2847/oj).
( *1 ) Regulation (EU) 2025/38 of the European Parliament and of the Council of 19 December 2024 laying down measures to strengthen solidarity and capacities in the Union to detect, prepare for and respond to cyber threats and incidents and amending Regulation (EU) 2021/694 (Cyber Solidarity Act) (OJ L, 2025/38, 15.1.2025, ELI: http://data.europa.eu/eli/reg/2025/38/oj).’;
( *2 ) Regulation (EU) 2021/887 of the European Parliament and of the Council of 20 May 2021 establishing the European Cybersecurity Industrial, Technology and Research Competence Centre and the Network of National Coordination Centres (OJ L 202, 8.6.2021, p. 1).’.
( *3 ) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
( *4 ) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
( *5 ) Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).’;