REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration

9.6.2008 - (COM(2007)0861 – C6‑0003/2008 – 2007/0291(COD)) - ***I

Committee on Industry, Research and Energy
Rapporteur: Angelika Niebler
(Simplified procedure – Rule 43(2) of the Rules of Procedure)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration

(COM(2007)0861 – C6‑0003/2008 – 2007/0291(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0861),

–   having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0003/2008),

–   having regard to Rules 51 and 43(2) of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy (A6‑0245/2008),

1.  Approves the Commission proposal as amended;

2.  Instructs its President to forward its position to the Council and Commission.

Amendment  1 Proposal for a regulation – amending act Recital 1
Text proposed by the Commission	Amendment
(1) In 2004 the European Parliament and the Council adopted Regulation (EC) N° 460/2004 establishing the European Network and Information Security Agency (hereinafter referred to as “the Agency”).	(1) On 10 March 2004 the European Parliament and the Council adopted Regulation (EC) N° 460/2004 establishing the European Network and Information Security Agency (hereinafter referred to as “the Agency”) for five years.
Amendment  2 Proposal for a regulation – amending act Recital 2
Text proposed by the Commission	Amendment
(2) In March 2007 the Management Board of the Agency issued recommendations regarding appropriate changes to the Regulation. One of these was that the Regulation should be amended to extend the mandate of the Agency but that the scope of the Agency should not be materially changed.	(2) On 23 March 2007 the Management Board of the Agency issued recommendations, following the Evaluation of ENISA, regarding appropriate changes to the Regulation.
Amendment  3 Proposal for a regulation – amending act Recital 4
Text proposed by the Commission	Amendment
(4) On 13 November the Commission proposed establishment of a European Electronic Communications Market Authority. The Commission proposed that this authority take over responsibility for all the activities undertaken by ENISA from 14 March 2011 on that fall within the scope of the Regulation establishing the Authority.	deleted
Amendment  4 Proposal for a regulation – amending act Recital 5
Text proposed by the Commission	Amendment
(5) Since the mandate of the Agency will expire on 13 March 2009, in order to ensure continuity it is necessary to adopt an interim measure for the two years between the scheduled expiry of the Agency and the date proposed for the European Electronic Communications Market Authority to take over responsibility for the activities of the Agency that fall within the scope of the Regulation establishing the Authority.	(5) Since the mandate of the Agency will expire on 13 March 2009 in order to ensure consistency and continuity it is therefore necessary to adopt an extension which will enable further discussion on the ENISA. The discussion will reflect the results of the ENISA evaluation process, the Management Board recommendations and the ongoing review of the regulatory framework for electronic communications networks and services. It will also allow further reflection on the general direction of the European efforts towards an increased network and information security. The extension of the duration of the Agency is without prejudice to the outcome of this discussion.
Amendment  5 Proposal for a regulation – amending act Recital 6
Text proposed by the Commission	Amendment
(6) The duration of the Agency should therefore be extended until 13 March 2011,	(6) The duration of the Agency should therefore be extended until 13 March 2012,
Amendment  6 Proposal for a regulation – amending act Article 1 Regulation (EC) No 460/2004 Article 27
Text proposed by the Commission Amendment The Agency shall be established from 14 March 2004 for a period of seven years. The Agency shall be established from 14 March 2004 for a period of eight years.

PROCEDURE

Title	European Network and Information Security Agency
References	COM(2007)0861 – C6-0003/2008 – 2007/0291(COD)
Date submitted to Parliament	20.12.2007
Committee responsible        Date announced in plenary	ITRE 15.1.2008
Committee(s) asked for opinion(s)        Date announced in plenary	LIBE 15.1.2008
Not delivering opinions        Date of decision	LIBE 9.6.2008
Rapporteur(s)        Date appointed	Angelika Niebler 27.2.2008
Simplified procedure - date of decision	27.2.2008
Discussed in committee	6.5.2008
Date adopted	5.6.2008
Result of final vote	+: –: 0:	42 0 1
Members present for the final vote	Šarūnas Birutis, Jan Březina, Jerzy Buzek, Jorgo Chatzimarkakis, Dragoş Florin David, Den Dover, Lena Ek, Norbert Glante, Rebecca Harms, Erna Hennicot-Schoepges, Mary Honeyball, Romana Jordan Cizelj, Werner Langen, Anne Laperrouze, Eluned Morgan, Angelika Niebler, Atanas Paparizov, Aldo Patriciello, Miloslav Ransdorf, Herbert Reul, Teresa Riera Madurell, Mechtild Rothe, Paul Rübig, Britta Thomsen, Patrizia Toia, Nikolaos Vakalis, Adina-Ioana Vălean, Alejo Vidal-Quadras
Substitute(s) present for the final vote	Christian Ehler, Göran Färm, Juan Fraile Cantón, Robert Goebbels, Françoise Grossetête, Satu Hassi, Gunnar Hökmark, Mieczysław Edmund Janowski, Eija-Riitta Korhola, Esko Seppänen, Silvia-Adriana Ţicău, Lambert van Nistelrooij
Substitute(s) under Rule 178(2) present for the final vote	Giovanna Corda, Catherine Neris, Antolín Sánchez Presedo