8.7.2010 |
EN |
Official Journal of the European Union |
CE 184/174 |
Wednesday 22 April 2009
Critical Infrastructure Warning Information Network *
P6_TA(2009)0227
European Parliament legislative resolution of 22 April 2009 on the proposal for a Council decision on a Critical Infrastructure Warning Information Network (CIWIN) (COM(2008)0676 – C6-0399/2008 – 2008/0200(CNS))
2010/C 184 E/41
(Consultation procedure)
The European Parliament,
having regard to the Commission proposal to the Council (COM(2008)0676),
having regard to Article 308 of the EC Treaty and Article 203 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0399/2008),
having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,
having regard to Rules 51 and 35 of its Rules of Procedure,
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0228/2009),
1. |
Approves the Commission proposal as amended; |
2. |
Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
3. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
4. |
Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
5. |
Calls on the Commission, following the entry into force of the Treaty of Lisbon, if the Council has not taken any decision in this respect, to consider the possibility of using Article 196 (Civil Protection) as the legal basis for this proposal and to reconsider, if appropriate, submitting a proposal to Parliament; |
6. |
Instructs its President to forward its position to the Council and the Commission. |
TEXT PROPOSED BY THE COMMISSION |
AMENDMENT |
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Amendment 1 |
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Proposal for a decision Recital 1 |
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Amendment 2 |
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Proposal for a decision Recital 4 |
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Amendment 3 |
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Proposal for a decision Recital 5 |
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Amendment 4 |
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Proposal for a decision Recital 6 |
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Amendment 5 |
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Proposal for a decision Recital 6 a (new) |
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Amendment 6 |
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Proposal for a decision Recital 7 |
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deleted |
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Amendment 7 |
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Proposal for a decision Recital 8 |
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Amendment 8 |
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Proposal for a decision Recital 10 |
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Amendment 9 |
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Proposal for a decision Recital 10 a (new) |
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Amendment 11 |
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Proposal for a decision Recital 17 |
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Amendment 12 |
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Proposal for a decision Article 1 |
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This Decision sets up a secure information , communication and alert system - Critical Infrastructure Warning Information Network (CIWIN) - with the aim of assisting Member States to exchange information on shared threats, vulnerabilities and appropriate measures and strategies to mitigate risks related to CIP. |
This Decision sets up a secure information and communication system - Critical Infrastructure Warning Information Network (CIWIN) - with the aim of assisting Member States to exchange information on vulnerabilities and appropriate measures and strategies to mitigate risks related to CIP. |
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Amendment 13 |
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Proposal for a decision Article 2 – paragraph 2 |
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‘Critical Infrastructure’ shall mean those assets, systems or parts thereof located in Member States which are essential for the maintenance of vital societal functions, health, safety, security, economic or social well-being of people, and the disruption or destruction of which would have a significant impact in a Member State as a result of the failure to maintain those functions. |
‘Critical Infrastructure’ shall mean those assets, systems or parts thereof located in Member States which are essential for the maintenance of vital societal functions, health, safety, security, supply chain, economic or social well-being of people, and the disruption or destruction of which would have a significant impact in a Member State as a result of the failure to maintain those functions. |
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Amendment 14 |
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Proposal for a decision Article 2 – paragraph 3 |
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‘Participating Member State’ shall mean the Member State having signed a Memorandum of understanding with the Commission. |
deleted |
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Amendment 15 |
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Proposal for a decision Article 3 |
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Article 3 Participation Participation in and use of CIWIN is open to all Member States. The participation to CIWIN shall be conditional upon the signature of a Memorandum of understanding that contains technical and security requirements applicable to CIWIN, and information on the sites to be connected to CIWIN. |
deleted |
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Amendment 16 |
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Proposal for a decision Article 4 – Title |
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Functionalities |
Functionality and structure |
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Amendment 17 |
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Proposal for a decision Article 4 – paragraph 1 |
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(1) The CIWIN shall consist of the two following functionalities:
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(1) The CIWIN shall be designed as an electronic forum for the CIP related to information exchange. |
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Amendment 18 |
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Proposal for a decision Article 4 – paragraph 1 a (new) |
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(1a) The technical platform for CIWIN shall be present in at least one secure location in each Member State. |
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Amendment 19 |
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Proposal for a decision Article 4 – paragraph 2 – subparagraph 2 |
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Fixed areas shall be included in the system on a permanent basis. While their content may be adjusted, the areas may not be removed , renamed or new areas added . Annex I contains a list of fixed areas. |
Fixed areas shall be included in the system on a permanent basis. While their content may be adjusted, the areas may not be removed and renamed. Annex I contains a list of fixed areas. This does not preclude the inclusion of new areas if the functioning of the system demonstrates that it is necessary. |
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Amendment 20 |
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Proposal for a decision Article 5 – paragraph 1 |
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(1) Participating Member States shall designate a CIWIN Executive and notify the Commission thereof. CIWIN Executive shall be responsible for granting or denying access rights to the CIWIN within the relevant Member State. |
(1) Member States shall designate a CIWIN Executive and notify the Commission thereof. CIWIN Executive shall be responsible for granting or denying access rights to the CIWIN within the relevant Member State. |
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(This amendment applies throughout the text.) |
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Amendment 21 |
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Proposal for a decision Article 5 – paragraph 2 |
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(2) Participating Member States shall provide access to the CIWIN in compliance with the guidelines adopted by the Commission. |
(2) Member States shall provide access to the CIWIN in compliance with the user guidelines adopted by the Commission. |
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Amendment 22 |
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Proposal for a decision Article 6 – paragraph 1 – point b |
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Amendment 23 |
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Proposal for a decision Article 6 – paragraph 3 a (new) |
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(3a) The Commission shall monitor the functioning of the CIWIN system. |
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Amendment 24 |
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Proposal for a decision Article 7 – paragraph 2 |
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(2) Users’ rights to access documents shall be on a ‘need to know’ basis and must at all times respect the author’s specific instructions on the protection and distribution of a document. |
(2) Users’ rights to access documents shall be on a ‘need to know’ basis . Users shall at all times respect the author’s specific instructions on the protection and distribution of a document. |
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Amendment 25 |
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Proposal for a decision Article 7 – paragraph 2 a (new) |
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(2a) In Member States, the exchange of sensitive information uploaded onto CIWIN between authorised users and third parties shall be subject to the prior authorisation of the owner of that information and shall take place in accordance with relevant Community and national law. |
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Amendment 26 |
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Proposal for a decision Article 7 a (new) |
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Article 7a Requirements relating to information included in CIWIN For any information or documents uploaded in the system an automatic translation will be possible. The Commission shall, in collaboration with CIP contact points, develop a list of key words for each sector which could be used when uploading or searching for information in CIWIN. |
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Amendment 27 |
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Proposal for a decision Article 8 |
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The Commission shall develop and regularly update User guidelines containing full details of CIWIN’s functionalities and roles. |
The Commission shall develop and regularly update the User guidelines containing full details of CIWIN’s functionality and roles. |
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Amendment 28 |
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Proposal for a decision Article 8 – paragraph 1 a (new) |
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The User Guidelines shall be established in accordance with the advisory procedure laid down in Article 3 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (3). |
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Amendment 29 |
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Proposal for a decision Article 10 – paragraph 1 |
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The Commission shall review and evaluate the operation of the CIWIN every three years, and shall submit regular reports to the Member States. |
The Commission , using specially developed indicators for monitoring progress, shall review and evaluate the operation of the CIWIN every three years, and shall submit regular reports to all Member States , the European Parliament, the Committee of the Regions and the European Economic and Social Committee . |
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Amendment 30 |
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Proposal for a decision Article 10 – paragraph 2 |
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The first report, which shall be submitted within three years after the entry into force of this Decision, shall, in particular, identify those elements of the Community network which should be improved or adapted. It shall also include any proposal that the Commission considers necessary for the amendment or adaptation of this Decision. |
The first report, which shall be submitted within three years after the entry into force of this Decision, shall, in particular, identify those elements of the Community network which should be improved or adapted and shall, in particular, assess the participation of each Member State in the CIWIN system as well as the possibility of upgrading CIWIN to include a rapid alert system (RAS) functionality . It shall also include any proposal that the Commission considers necessary for the amendment or adaptation of this Decision. |
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Amendment 31 |
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Proposal for a decision Article 11 |
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This Decision shall apply as from 1 January 2009 . |
This Decision shall take effect on the day of its publication in the Official Journal of the European Union . |
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Amendment 32 |
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Proposal for a decision Annex II – point 3 |
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deleted |
(1) 14894/04.
(2) Council Document 15232/04.
(3) OJ L 184, 17.7.1999, p. 23.