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EUROPEAN PARLIAMENT 2004 2009 Session document FINAL A6-0270/2007 2.7.2007 * REPORT on the proposal for a Council directive on the identification and designation of European Critical Infrastructure and the assessment of the need to improve their protection (COM(2006)0787 – C6-0053/2007 – 2006/0276(CNS)) Committee on Civil Liberties, Justice and Home Affairs Rapporteur: Jeanine Hennis-Plasschaert RR\674990EN.doc PE 384.638v03-00 EN EN PR_CNS_art51am Symbols for procedures * Consultation procedure majority of the votes cast **I Cooperation procedure (first reading) majority of the votes cast **II Cooperation procedure (second reading) majority of the votes cast, to approve the common position majority of Parliament’s component Members, to reject or amend the common position *** Assent procedure majority of Parliament’s component Members except in cases covered by Articles 105, 107, 161 and 300 of the EC Treaty and Article 7 of the EU Treaty ***I Codecision procedure (first reading) majority of the votes cast ***II Codecision procedure (second reading) majority of the votes cast, to approve the common position majority of Parliament’s component Members, to reject or amend the common position ***III Codecision procedure (third reading) majority of the votes cast, to approve the joint text (The type of procedure depends on the legal basis proposed by the Commission.) Amendments to a legislative text In amendments by Parliament, amended text is highlighted in bold italics. Highlighting in normal italics is an indication for the relevant departments showing parts of the legislative text for which a correction is proposed, to assist preparation of the final text (for instance, obvious errors or omissions in a given language version). These suggested corrections are subject to the agreement of the departments concerned. PE 384.638v03-00 2/58 RR\674990EN.doc EN CONTENTS Page DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION .................................5 EXPLANATORY STATEMENT ............................................................................................26 OPINION OF THE COMMITTEE ON ECONOMIC AND MONETARY AFFAIRS...........28 OPINION OF THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY.............41 OPINION OF THE COMMITTEE ON TRANSPORT AND TOURISM...............................55 PROCEDURE...........................................................................................................................58 RR\674990EN.doc 3/58 PE 384.638v03-00 EN PE 384.638v03-00 4/58 RR\674990EN.doc EN DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION on the proposal for a Council directive on the identification and designation of European Critical Infrastructure and the assessment of the need to improve their protection (COM(2006)0787 – C6-0053/2007 – 2006/0276(CNS)) (Consultation procedure) The European Parliament, – having regard to the Commission proposal to the Council (COM(2006)0787), – having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0053/2007), – having regard to the Council Conclusions of 1-2 December 2005 on the principles for a European Programme on Critical Infrastructures, - having regard to its recommendation of 7 June 2005 to the European Council and to the Council on the protection of critical infrastructure in the framework of the fight against terrorism1, – having regard to Rule 51 of its Rules of Procedure, – having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A6-0270/2007), 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. Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament; 5. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; 6. Instructs its President to forward its position to the Council and Commission. 1 OJ C 124 E, 25.5.2006, p. 250. RR\674990EN.doc 5/58 PE 384.638v03-00 EN Text proposed by the Commission Amendments by Parliament Amendment 1 Title Proposal for a directive of the Council on the Proposal for a directive of the Council on the identification and designation of European identification and designation of priority Critical Infrastructure and the assessment of sectors with European Critical Infrastructure the need to improve their protection and the assessment of the need to improve their protection Justification Member States should not be required to notify their specific critical infrastructure to the Commission since this would run counter to national security interests. A European list of critical infrastructure should not be produced in this aggregated form. Amendment 2 Recital 2 (2) On 17 November 2005 the Commission (2) On 17 November 2005 the Commission adopted a Green Paper on a European adopted a Green Paper on a European Programme for Critical Infrastructure Programme for Critical Infrastructure Protection which provided policy options Protection which provided policy options on the establishment of the programme and on the establishment of the programme and the Critical Infrastructure Warning the Critical Infrastructure Warning Information Network (CIWIN). The Information Network (CIWIN). The responses received to the Green Paper responses received to the Green Paper clearly showed the need to set up a underlined the possible added value of a Community framework concerning critical Community framework concerning critical infrastructure protection. The need to infrastructure protection. The need to increase the critical infrastructure increase the critical infrastructure protection capability in Europe and to help protection capability in Europe and to help reduce vulnerabilities concerning critical reduce vulnerabilities concerning critical infrastructures was acknowledged. The infrastructures was acknowledged. The importance of the principle of subsidiarity importance of the key principles of and of stakeholder dialogue was subsidiarity, proportionality and emphasised. complementarity as well as of stakeholder dialogue was emphasised. Justification More in line with reality. PE 384.638v03-00 6/58 RR\674990EN.doc EN Amendment 3 Recital 3 (3) In December 2005 the Justice and Home (3) In December 2005 the Justice and Home Affairs Council called upon the Commission Affairs Council called upon the Commission to make a proposal for a European to make a proposal for a European Programme for Critical Infrastructure Programme for Critical Infrastructure Protection (EPCIP) and decided that it Protection (EPCIP) and decided that it should be based on an all-hazards approach should be based on an all-hazards approach while countering threats from terrorism as a while countering threats from terrorism as a priority. Under this approach, manmade, priority. Under this approach, manmade, technological threats and natural disasters technological threats and natural disasters should be taken into account in the critical should be taken into account in the critical infrastructure protection process, but the infrastructure protection process, while threat of terrorism should be given priority. structurally determined threats must also If the level of protection measures against a be recorded. The threat of terrorism should, particular high level threat is found to be however, be given priority. adequate in a critical infrastructure sector, stakeholders should concentrate on other threats to which they are still vulnerable. Amendment 4 Recital 4 (4) The primary responsibility for (4) The primary and ultimate protecting critical infrastructures currently responsibility for protecting critical falls on the Member States and the infrastructures falls on the Member States owners/operators of critical infrastructures. and the owners/operators of critical This should not change. infrastructures. Bearing in mind that national services know best what is happening in their countries, a bottom-up approach towards European Critical Infrastructure (ECI) should therefore be taken. Justification It must be clear that the primary and ultimate responsibility falls on the MS. The Community approach should not duplicate the work of the Member States. Amendment 5 Recital 4 a (new) (4a) The protection of critical RR\674990EN.doc 7/58 PE 384.638v03-00 EN infrastructure is of vital significance for internal security in the EU and for the well- being of its citizens. In the final analysis, destroying or disrupting certain infrastructure can wreck human lives, the environment and economic assets as well as cause lasting damage to public confidence in State protection and care. Justification The effects of destroying or disrupting certain infrastructure must be emphasised. In the final analysis, it is only the possible consequences and/or the avoidance of these consequences that justify the measures contained in the draft directive. Amendment 6 Recital 5 There are a certain number of critical (5) There are a number of critical infrastructures in the Community, the infrastructures in the Community, the disruption or destruction of which would disruption of which would affect three or affect