Article 18 Advisory missions


    1. At the request of the Member State that has identified a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; of particular European significance as a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; pursuant to Article 6(1), the Commission shall organise an advisory mission to assess the measures that that critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; has put in place to meet its obligations under Chapter III.

    1. On its own initiative or at the request of one or more Member States to or in which the essential service means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; is provided, and provided that the Member State that has identified a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; of particular European significance as a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; pursuant to Article 6(1) so agrees, the Commission shall organise an advisory mission as referred to in paragraph 1 of this Article.

    1. On a reasoned request from the Commission or from one or more Member States to or in which the essential service means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; is provided, the Member State that has identified a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; of particular European significance as a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; pursuant to Article 6(1) shall provide the following to the Commission:

      1. the relevant parts of the critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; risk assessment means the overall process for determining the nature and extent of a risk by identifying and analysing potential relevant threats, vulnerabilities and hazards which could lead to an incident and by evaluating the potential loss or disruption of the provision of an essential service caused by that incident;;

      2. a list of relevant measures taken in accordance with Article 13;

      3. supervisory or enforcement actions, including assessments of compliance or orders issued, that its competent authority has undertaken pursuant to Articles 21 and 22 in respect of that critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex;.

    1. The advisory mission shall report its findings to the Commission, to the Member State that has identified a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; of particular European significance as a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; pursuant to Article 6(1), to the Member States to or in which the essential service means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; is provided and to the critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; concerned within three months of the conclusion of the advisory mission.

    2. The Member States to or in which the essential service means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; is provided shall analyse the report referred to in the first subparagraph and, where necessary, shall advise the Commission as to whether the critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; of particular European significance concerned complies with its obligations under Chapter III and, where appropriate, as to the measures which could be taken to improve the resilience means a critical entity’s ability to prevent, protect against, respond to, resist, mitigate, absorb, accommodate and recover from an incident; of that critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex;.

    3. The Commission shall, based on the advice referred to in the second subparagraph of this paragraph, communicate its opinion to the Member State that has identified a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; of particular European significance as a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; pursuant to Article 6(1), to the Member States to or in which the essential service means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; is provided and to that critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; as to whether that critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; complies with its obligations under Chapter III and, where appropriate, as to the measures which could be taken to improve the resilience means a critical entity’s ability to prevent, protect against, respond to, resist, mitigate, absorb, accommodate and recover from an incident; of that critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex;.

    4. The Member State that has identified a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; of particular European significance as a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; pursuant to Article 6(1) shall ensure that its competent authority and the critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; concerned take into account the opinion referred to in the third subparagraph of this paragraph and provide information to the Commission and the Member States to or in which the essential service means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; is provided on the measures it has taken pursuant to that opinion.

    1. Each advisory mission shall consist of experts from the Member State in which the critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; of particular European significance is located, experts from the Member States to or in which the essential service means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; is provided, and Commission representatives. Those Member States may propose candidates to be part of an advisory mission. The Commission shall, following a consultation with the Member State that has identified a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; of particular European significance as a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; pursuant to Article 6(1), select and appoint the members of each advisory mission in accordance with their professional capacity and ensuring, where possible, a geographically balanced representation from all those Member States. Whenever necessary, members of the advisory mission shall have valid and appropriate security clearance. The Commission shall bear the costs related to participation in advisory missions.

    2. The Commission shall organise the programme of each advisory mission, in consultation with the members of the advisory mission in question and in agreement with the Member State that has identified a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; of particular European significance as a critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; pursuant to Article 6(1).

    1. The Commission shall adopt an implementing act laying down rules on the procedural arrangements for requests to organise advisory missions, for handling such requests, for the conduct and reports of advisory missions and for handling the communication of the Commission’s opinion referred to in paragraph 4, third subparagraph, of this Article and of the measures taken, duly taking into account the confidentiality and commercial sensitivity of the information concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 24(2).

    1. Member States shall ensure that critical entities means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; of particular European significance provide advisory missions with access to information, systems and facilities relating to the provision of their essential services means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment; necessary for carrying out the advisory mission concerned.

    1. Advisory missions shall be carried out in compliance with the applicable national law of the Member State in which they take place, with respect for that Member State’s responsibility for national security and the protection of its security interests.

    1. When organising advisory missions, the Commission shall take into account the reports of any inspections carried out by the Commission under Regulations (EC) No 725/2004 and (EC) No 300/2008 and the reports of any monitoring carried out by the Commission under Directive 2005/65/EC in respect of the critical entity means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; concerned.

    1. The Commission shall inform the Critical Entities means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; Resilience means a critical entity’s ability to prevent, protect against, respond to, resist, mitigate, absorb, accommodate and recover from an incident; Group referred to in Article 19 whenever an advisory mission is organised. The Member State in which the advisory mission took place and the Commission shall also inform the Critical Entities means a public or private entity which has been identified by a Member State in accordance with Article 6 as belonging to one of the categories set out in the third column of the table in the Annex; Resilience means a critical entity’s ability to prevent, protect against, respond to, resist, mitigate, absorb, accommodate and recover from an incident; Group of the main findings of the advisory mission and the lessons learned with a view to promoting mutual learning.

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