Selected Legas Issues Related To The Protection Of Critical Infrastructure Presented by: Dr. Ocieczek Date:8 March 2024 Main Assumptions Of The Presentation - Security - Terrorism - Polish National Security Strategies (1990-2020) - European Union Security Strategy - European Regulations for the Protection of Critical Infrastructure - Conclusions Security (“Sine Cura”) - 1. “State of not being threatened”. - 2. “State of affairs that provides a sense of certainty and guarantees for its preservation and a chance for improvement”. - 3. “The totality of conditions and institutions that protect the state and citizens from phenomena threatening the legal order' as well as the protection of the system from attacks on the basic political institutions of the state”. - 5 The need for self-fulfillment - 4 Need for recognition - 3 The need for group belonging - 2 The need for security - 1 Physiological needs Terrorism - Polish legislation, in Article 115 § 20 of the Penal Code, defines terrorist offences as offences punishable by imprisonment of at least five years and committed with the purpose: • The serious intimidation of many people, • Forcing a public authority of the Republic of Poland or of another state or an authority of an international organization to take or to refrain from taking certain actions, • Causing serious disturbance to the system or economy of the Republic of Poland, another state or an international organization, - As well as the threat of such an act. - In the field of counter-terrorism, important international legal acts normalizing these issues include: • European Convention on the Suppression of Terrorism, drawn up on 27 January 1977 in Strasbourg; • International Convention for the Suppression of the Financing of Terrorism of 9 December 1999.; • International Convention Against the Taking of Hostages; • Convention on the Physical Protection of Nuclear Material; • Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism • Council of Europe Convention on the Prevention of Terrorism of 16 May 2005.; • International Convention for the Suppression of Terrorist Bombings. • Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism of 22 October 2015; • Council Decision (EU) 2018/889 of 4 June 2018 on the conclusion, on behalf of the European Union, of the Council of Europe Convention on the Prevention of Terrorism. - Number of terrorist attacks worldwide Polish National Security Strategies (1990-2020) - Defense Doctrine of the Republic of Poland, 21 February 1990; - Assumptions of the Polish security policy and security policy as well as security policy and defense strategy of the Republic of Poland adopted by the National Defense Committee on 2 November 1992; - The National Security Strategy of 2003 adopted on 22 July and signed by the President of the Republic of Poland on 8 September 2003; - National Security Strategy of the Republic of Poland adopted by the Council of Ministers in April 2007; - The National Security Strategy of the Republic of Poland of November 2014. European Union Security Strategy (2020-2025) Main Aims - Ensuring that EU security policy reflects changes in security threats in Europe; - Building long-term, sustainable resilience; - The involvement of EU institutions and agencies, governments, the private sector and individuals in a whole-of-society approach. Notes: - Important documents that have been recently published as part of the so-called package of regulations in the field of critical infrastructure protection, which constitute the latest solutions in the field of the described issue: • Regulation (EU) of the European Parliament and of the Council on the operational digital resilience of the financial sector amending Regulations (EC) No 1060/2009, (EU) No 648/2012, (EU) No 600/2014, (EU) No 909/2014 and (EU) 2016/1011; • Directive on measures for a high common level of cybersecurity across the Union (NIS2) of 14 December 2022; • Directive amending Directives 2009/65/EC, 2009/138/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU 2014/65/EU, (EU) 2015/2366 and (EU) 2016/2341 regarding the operational digital resilience of the financial sector • Critical Entity Resilience Directive (CER) of 14 December 2022, repealing Council Directive 2008/114/EC Conclusions: - An important issue is ensuring security, which consists of the following activities, namely: • Ensuring physical security; • Ensuring technical security; • Ensuring personal security; • Ensuring IT security; • Ensuring legal security; • Business continuity and recovery plans, understood as a set of organizational and technical activities leading to the maintenance and recovery of functions performed by CI.