Framework decision 2005/222 - Attacks against information systems
Please note
This page contains a limited version of this dossier in the EU Monitor.
Contents
official title
Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systemsLegal instrument | Framework decision |
---|---|
Number legal act | Framework decision 2005/222 |
Original proposal | COM(2002)173 ![]() |
CELEX number101 | 32005F0222 |
Document | 24-02-2005 |
---|---|
Publication in Official Journal | 16-03-2005; Special edition in Romanian: Chapter 18 Volume 003,OJ L 69, 16.3.2005,Special edition in Croatian: Chapter 18 Volume 007,Special edition in Bulgarian: Chapter 18 Volume 003 |
Effect | 16-03-2005; Entry into force Date pub. See Art 3 |
End of validity | 02-09-2013; Replaced by 32013L0040 |
Transposition | 16-03-2007 |
16.3.2005 |
EN |
Official Journal of the European Union |
L 69/67 |
COUNCIL FRAMEWORK DECISION 2005/222/JHA
of 24 February 2005
on attacks against information systems
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 29, 30(1)(a), 31(1)(e) and 34(2)(b) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The objective of this Framework Decision is to improve cooperation between judicial and other competent authorities, including the police and other specialised law enforcement services of the Member States, through approximating rules on criminal law in the Member States in the area of attacks against information systems. |
(2) |
There is evidence of attacks against information systems, in particular as a result of the threat from organised crime, and increasing concern at the potential of terrorist attacks against information systems which form part of the critical infrastructure of the Member States. This constitutes a threat to the achievement of a safer information society and an area of freedom, security and justice, and therefore requires a response at the level of the European Union. |
(3) |
An effective response to those threats requires a comprehensive approach to network and information security, as underlined in the eEurope Action Plan, in the Communication by the Commission ‘Network and Information Security: Proposal for a European Policy Approach’ and in the Council Resolution of 28 January 2002 on a common approach and specific actions in the area of network and information security (2). |
(4) |
The need to further increase awareness of the problems related to information security and provide practical assistance has also been stressed in the European Parliament Resolution of 5 September 2001. |
(5) |
Significant gaps and differences in Member States’ laws in this area may hamper the fight against organised crime and terrorism, and may complicate effective police and judicial cooperation in the area of attacks against information systems. The transnational and borderless character of modern information systems means that attacks against such systems are often trans-border in nature, thus underlining the urgent need for further action to approximate criminal laws in this area. |
(6) |
The Action Plan of the Council and the Commission on how to best implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice (3), the Tampere European Council on 15 to 16 October 1999, the Santa Maria da Feira European Council on 19 to 20 June 2000, the Commission in the ‘Scoreboard’ and the European Parliament in its Resolution of 19 May 2000 indicate or call for legislative action against high technology crime, including common definitions, incriminations and sanctions. |
(7) |
It is necessary to complement the work performed by international organisations, in particular the Council of Europe’s work on approximating criminal law and the G8’s work on transnational cooperation in the area of high tech crime, by providing a common approach in the European Union in this area. This call was further elaborated by the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on ‘Creating a Safer Information Society by Improving the Security of Information Infrastructures and Combating Computer-related Crime’. |
(8) |
Criminal law in the area of attacks against information systems should be approximated in order to ensure the greatest possible police and judicial cooperation in the area of criminal offences related to attacks against information systems, and to contribute to the fight against organised crime and... |
More
This text has been adopted from EUR-Lex.
This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.
This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.
- 1.Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions 'Network and Information Security: Proposal for a European Policy Approach' of 6.6.2001. COM (2001) 298 final.
- 2.According to a survey published by the Communications Management Association (CMA), there have been hacking attacks against a third of UK's big companies and public sector organisations, including government offices, causing damage ranging from infiltrating corporate bank accounts to information theft. See the survey at http:/www.cma.org.
- 3.Communication from the Commission 'Preventing fraud and counterfeiting of non-cash means of payment', COM (2001) 11 final. Adopted by the Commission on 9.2.2001.
- 4.Proposal for a Council Framework Decision on the European arrest warrant and the surrender procedures between the Member States. COM(2001) 522 final. Adopted by the Commission on 19.9.2001.
- 5.Proposal for a Council Framework Decision on combating terrorism. COM(2001) 521 final. Adopted by the Commission on 19.9.2001
- 6.The IST Programme is managed by the European Commission. It is part of the 5th Framework Programme, which runs from 1998 to 2002. More information is available at www.cordis.lu/ist.
- 7.Under the auspices of the Joint Consultative Group of the EC/US Science and Technology Co-operation Agreement.
- 8.The Computer Security Institute (CSI) and the Federal Bureau of Investigation (FBI) produce an annual 'Computer Crime and Security Survey' published early in each year. CSI's website and further details about the survey may be found at www. gocsi.com
- 9.The Italian Ministry of Interior recently published statistics on its operational activities against computer-related crime in 1999 and 2000 (see at www.mininterno.it/dip_ps/dcpsffp/index). Official reports of hacking cases in 2000 are 98, four times the figure reported in 1999, when only 21 cases were officially recorded.
- 10.
- 11.
- 12.
- 13.Presidency Conclusions of the Lisbon European Council of 23 and 24 March 2000, available at
- 14.COM (2000) 890 final
- 15.OJ L. 281, 23.11.1995, p. 0031-0050, OJ L. 024, 30.01.1998, p. 0001-0008
- 16.The IST Programme is managed by the European Commission. It is part of the 5th Framework Programme, which runs from 1998 to 2002. More information is available at www.cordis.lu/ist.
- 17.COM (2001) 298 final. 6.6.2001.
- 19.The Prevention and control of organised crime: A European Union strategy for the beginning of the new Millennium (OJ 2000 C124, 3.5.2000).
- 21.
- 22.OJ C . . p
- 23.Council Act of 26 July 1995 drawing up the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) OJ C 316 , 27.11.1995 p. 0001 - 0001
- 24.OJ C . . p
- 25.OJ C . . p
- 26.Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures, OJ L. 13 of 19/01/2000
- 27.OJ L320, 28.11.1998, p. 54-57
- 28.The text is available on the web, in two languages, in French : conventions.coe.int/treaty/fr/projets/cybercrime.
- 29.Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures, OJ L. 13 of 19/01/2000
- 30.OJ L320, 28.11.1998, p. 54-57
- 31.
- 32.The International Organization for Standardization (ISO) is a worldwide federation of national standards bodies from some 100 countries.
- 33.OJ L 122 , 17/05/1991 P. 0042 - 0046
- 34.Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions 'Network and Information Security: Proposal for a European Policy Approach' of 6.6.2001. COM (2001) 298 final.
- 35.According to a survey published by the Communications Management Association (CMA), there have been hacking attacks against a third of UK's big companies and public sector organisations, including government offices, causing damage ranging from infiltrating corporate bank accounts to information theft. See the survey at http:/www.cma.org.
- 36.The phrase is taken from the Judgment given by the Court of Justice on 21 September 1989 in Case 68/88
- 37.OJ L 182, 5.7.2001, p.1
- 38.OJ C 187, 3.7.2001, p. 5
- 39.OJ C . . p .
- 40.OJ C . . p
- 41.COM (2001) 298
- 42.OJ C 19, 23.1.1999
- 43.COM (2001) 278 final
- 44.A5-0127/2000
- 45.COM (2000) 890
- 46.OJ C . . p
- 47.OJ C . . p
- 48.OJ L 351, 29.12.1998, p. 1
- 49.Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions 'Network and Information Security: Proposal for a European Policy Approach' of 6.6.2001. COM (2001) 298 final.
- 50.According to a survey published by the Communications Management Association (CMA), there have been hacking attacks against a third of UK's big companies and public sector organisations, including government offices, causing damage ranging from infiltrating corporate bank accounts to information theft. See the survey at http:/www.cma.org.
- 51.Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions 'Network and Information Security: Proposal for a European Policy Approach' of 6.6.2001. COM (2001) 298 final.
- 52.According to a survey published by the Communications Management Association (CMA), there have been hacking attacks against a third of UK's big companies and public sector organisations, including government offices, causing damage ranging from infiltrating corporate bank accounts to information theft. See the survey at http:/www.cma.org.
- 53.Communication from the Commission 'Preventing fraud and counterfeiting of non-cash means of payment', COM (2001) 11 final. Adopted by the Commission on 9.2.2001.
- 54.Proposal for a Council Framework Decision on the European arrest warrant and the surrender procedures between the Member States. COM(2001) 522 final. Adopted by the Commission on 19.9.2001.
- 55.Proposal for a Council Framework Decision on combating terrorism. COM(2001) 521 final. Adopted by the Commission on 19.9.2001
- 56.The IST Programme is managed by the European Commission. It is part of the 5th Framework Programme, which runs from 1998 to 2002. More information is available at www.cordis.lu/ist.
- 57.Under the auspices of the Joint Consultative Group of the EC/US Science and Technology Co-operation Agreement.
- 58.The Computer Security Institute (CSI) and the Federal Bureau of Investigation (FBI) produce an annual 'Computer Crime and Security Survey' published early in each year. CSI's website and further details about the survey may be found at www. gocsi.com
- 59.The Italian Ministry of Interior recently published statistics on its operational activities against computer-related crime in 1999 and 2000 (see at www.mininterno.it/dip_ps/dcpsffp/index). Official reports of hacking cases in 2000 are 98, four times the figure reported in 1999, when only 21 cases were officially recorded.
- 60.
- 61.
- 62.
- 63.Presidency Conclusions of the Lisbon European Council of 23 and 24 March 2000, available at
- 64.COM (2000) 890 final
- 65.OJ L. 281, 23.11.1995, p. 0031-0050, OJ L. 024, 30.01.1998, p. 0001-0008
- 66.The IST Programme is managed by the European Commission. It is part of the 5th Framework Programme, which runs from 1998 to 2002. More information is available at www.cordis.lu/ist.
- 67.COM (2001) 298 final. 6.6.2001.
- 69.The Prevention and control of organised crime: A European Union strategy for the beginning of the new Millennium (OJ 2000 C124, 3.5.2000).
- 71.
- 72.OJ C . . p
- 73.Council Act of 26 July 1995 drawing up the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) OJ C 316 , 27.11.1995 p. 0001 - 0001
- 74.OJ C . . p
- 75.OJ C . . p
- 76.Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures, OJ L. 13 of 19/01/2000
- 77.OJ L320, 28.11.1998, p. 54-57
- 78.The text is available on the web, in two languages, in French : conventions.coe.int/treaty/fr/projets/cybercrime.
- 79.Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures, OJ L. 13 of 19/01/2000
- 80.OJ L320, 28.11.1998, p. 54-57
- 81.
- 82.The International Organization for Standardization (ISO) is a worldwide federation of national standards bodies from some 100 countries.
- 83.OJ L 122 , 17/05/1991 P. 0042 - 0046
- 84.Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions 'Network and Information Security: Proposal for a European Policy Approach' of 6.6.2001. COM (2001) 298 final.
- 85.According to a survey published by the Communications Management Association (CMA), there have been hacking attacks against a third of UK's big companies and public sector organisations, including government offices, causing damage ranging from infiltrating corporate bank accounts to information theft. See the survey at http:/www.cma.org.
- 86.The phrase is taken from the Judgment given by the Court of Justice on 21 September 1989 in Case 68/88
- 87.OJ L 182, 5.7.2001, p.1
- 88.OJ C 187, 3.7.2001, p. 5
- 89.OJ C . . p .
- 90.OJ C . . p
- 91.COM (2001) 298
- 92.OJ C 19, 23.1.1999
- 93.COM (2001) 278 final
- 94.A5-0127/2000
- 95.COM (2000) 890
- 96.OJ C . . p
- 97.OJ C . . p
- 98.OJ L 351, 29.12.1998, p. 1
- 99.Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions 'Network and Information Security: Proposal for a European Policy Approach' of 6.6.2001. COM (2001) 298 final.
- 100.According to a survey published by the Communications Management Association (CMA), there have been hacking attacks against a third of UK's big companies and public sector organisations, including government offices, causing damage ranging from infiltrating corporate bank accounts to information theft. See the survey at http:/www.cma.org.
- 101.Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
- 102.EUR-lex provides an overview of the proposal, amendments, citations and legality.