Regulation 2004/460 - European Network and Information Security Agency - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2004/460
Original proposal	COM(2003)63
CELEX number i	32004R0460

Avis juridique important

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Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (Text with EEA relevance)

Official Journal L 077 , 13/03/2004 P. 0001 - 0011

Regulation (EC) No 460/2004 of the European Parliament and of the Council

of 10 March 2004

establishing the European Network and Information Security Agency

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),

Whereas:

• (1) 

  Communication networks and information systems have become an essential factor in economic and societal development. Computing and networking are now becoming ubiquitous utilities in the same way as electricity or water supply already are. The security of communication networks and information systems, in particular their availability, is therefore of increasing concern to society not least because of the possibility of problems in key information systems, due to system complexity, accidents, mistakes and attacks, that may have consequences for the physical infrastructures which deliver services critical to the well-being of EU citizens.

• (2) 

  The growing number of security breaches has already generated substantial financial damage, has undermined user confidence and has been detrimental to the development of e-commerce. Individuals, public administrations and businesses have reacted by deploying security technologies and security management procedures. Member States have taken several supporting measures, such as information campaigns and research projects, to enhance network and information security throughout society.

• (3) 

  The technical complexity of networks and information systems, the variety of products and services that are interconnected, and the huge number of private and public actors that bear their own responsibility risk undermining the smooth functioning of the Internal Market.

• (4) 

  Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (the Framework Directive)(3) lays down the tasks of national regulatory authorities, which include cooperating with each other and the Commission in a transparent manner to ensure the development of consistent regulatory practice, contributing to ensuring a high level of protection of personal data and privacy, and ensuring that the integrity and security of public communications networks are ensured.

• (5) 

  Present Community legislation also includes Directive 2002/20/EC(4), Directive 2002/22/EC(5), Directive 2002/19/EC(6), Directive 2002/58/EC(7), Directive 1999/93/EC(8), Directive 2000/31/EC(9), as well as the Council Resolution of 18 February 2003 on the implementation of the eEurope 2005 Action Plan(10).

• (6) 

  Directive 2002/20/EC entitles Member States to attach to the general authorisation, conditions regarding the security of public networks against unauthorised access in accordance with Directive 97/66/EC(11).

• (7) 

  Directive 2002/22/EC requires that Member States take necessary steps to ensure the integrity and availability of the public telephone networks at fixed locations and that undertakings providing publicly available telephone services at fixed locations take all reasonable steps to ensure uninterrupted access to emergency services.

• (8) 

  Directive 2002/58/EC requires a provider of a publicly available electronic communications service to...

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