International and national experience of the legislation of the Critical Infrastructure Protection Lt-Col. Balázs Bognár PhD Head of Department – Department

International and national experience of the International and national experience of the legislation of the Critical Infrastructure legislation of the Critical Infrastructure

ProtectionProtection

Lt-Col. Balázs Bognár PhDHead of Department – Department for Critical Infrastructure Coordination

Ministry of the Interior, National Directorate for Disaster ManagementNational Inspectorate for Industrial Safety

2012. 09. 18.

• The noun "security" stems from the Latin "securitas sine cura " ("securitas" or "securus", its two components are "sine=without", and "cura”= fear").

• The most common approach of security is the status without threat or the absence of vulnerability .

Security

MINISTRY OF THE INTERIORNATIONAL DIRECTORATE GENERAL

FOR DISASTER MANAGEMENT

The complexity of security

• Security in a wider sense is composed of social (legal), political (diplomacy), economic, environmental (transportation, logistics, ecological), military, cyber, financial, sanitary (epidemics), homeland (police, disaster management) security.



Prof. Ken BoothUniversity of Wales

What is security?

Prof. Barry BuzanDepartment of International

Relations, LSE

Prof. R. B. J. WalkerKeele University

„Security is belonging to the competence of Ministry of

Uncertain Things”„security is what we

do”

„security is the ability and opportunity of survival against

risks, which are threatening existence”



5

Stages of transition of the security environmentStages of transition of the security environment

23 October 1989: Proclamation of the Republic of Hungary

23 October 1989: Proclamation of the Republic of Hungary

June 1991: Withdrawal of the Soviet troops June 1991: Withdrawal of the Soviet troops

March 1999: Hungary’s accession to NATOMarch 1999: Hungary’s accession to NATO

May 2004: Hungary’s accession to the EUMay 2004: Hungary’s accession to the EU

Changes of challenges and risks affecting Hungary:

„change of aproach!”

1989

I.

Illegal migration

Conflict in the Balkans

II.

Disasters

Hazard of terrorism

Organised crime

Threats to critical infrastructures

Breach of public order

Energetic crises

Epidemics

1989. 2012.

PROTECTION OF PROTECTION OF VITAL VITAL

INFRASTRUCTURE INFRASTRUCTURE ELEMENTSELEMENTS

((INFRASTRUCTURESINFRASTRUCTURES))

Infrastructures Infrastructures in the everyday lifein the everyday life

• Satisfying human needs• Improving technologies• Structuring services

First forms of infrastructures

(irrigation systems, road networks)

INFRASTRUCTURE = social environment

PROTECTIONMODERN SOCIETYNETWORK-LIKE

SYSTEMS

VITAL NEEDSDEPENDENCE

History and state of playHistory and state of play

Római tűzvészSzegedi árvíz 1879.Szökőár 2004. Szumátra

New York 2001.Madrid 2004.London 2005.

Bhopal 1984.Kolontár 2010.

• United States of America – (cold war/nuclear attacks)• United Kingdom (10 sectors, 39 subsectors)• Germany – 1990 (Federal Office for Information

Technology Security)• NATO – 2002 (CEP Council)

International outlookInternational outlook

NEW YORK2001

Madrid2004

London2005

EU – aftermath of terrorist attacks

9/11 → Action Plan against Terrorism

Madrid 2004 → CIP Strategy

London 2005 → acceleration of actions

Vulnerability of iVulnerability of infrastrunfrastrucctturesures

INTENTIONAL , INTENTIONAL , MALEVOLENT ACTIONS MALEVOLENT ACTIONS

terrorist attack, armed conflict

NATURAL INCIDENTSNATURAL INCIDENTS

flood and inland water,extreme weather

TECHNOLOGICAL TECHNOLOGICAL HAZARDSHAZARDS

accident, human error, epidemic

nationalist extremists

climate change

red sludge disaster

PREVENTION PREPAREDNESS RESILIENCE

OBJECTIVESOBJECTIVES

EU Program → without any experience or tradition Consultation process → the way from terrorist attacks to the

Directive All-hazard approach, paying particular attention to terrorism National and European infrastructures – subsidiary Roles and responsibilities of owners/operators/users Action plan

CCritiriticalcal IInfrastrunfrastructure Protection cture Protection – – DirectiveDirective

Liability of Liability of MMember ember SStatestates– – HungaryHungary

The 1990’s – reinterpretation of security 1995 – reform of civil protection (new classification) 2000 – NDGDM – collection of data June 2007– The „Green Paper” on the Hungarian Program Government Decision Nr. 2080/2008. (VI. 30.)

› Adoption of the „Green Paper”

› Enactment of sectoral consultations › Elaboration of regulatory concept› Military preparation› Possibility of joining to CIWIN

Liability of Member StatesLiability of Member States– – HungaryHungary

2008–2009 – sectoral consultations, questionnaires 10-12 May 2010 Balatonföldvár – international seminar 26-28 October 2010 Slovakia – regional discussion 4-5 November 2010 Bucharest – regional discussion

Government Decision 1249/2010. (XI. 19) on the governmental Government Decision 1249/2010. (XI. 19) on the governmental taskstasks› Responsibilities of the Minister of the Interior (coordination, EPCIP

POC, international discussions)› Setting up a CIP Working Group› Designation of ECIs› European Commission – report› Consultation Forum


Composition of the CIP InterComposition of the CIP Inter--ministerial Working Groupministerial Working Group

Ministry of Defence

NDGDM

Office for the Protection of Constitution

National DG for Disaster Management

Centre for Counter-terrorism

National Headquarter for the Police

Minister for the Interior

National Office for Commercial Granting

National Authority for Security

National Office for Energy

Minister for Administration and Justice

Minister for National Defence

National Authority for Traffic

Minister for Economics


ACTIVITY OF THE WORKING GROUPACTIVITY OF THE WORKING GROUP 30 November 2010 – inaugural meeting: tasks with deadlines

› elaboration of criteria for designation of ECI› proposals for potential ECIs

8 December 2010 – adoption of statutes and working program (15,22,29) December 2010 – January 2011 – discussion, clarification, adoption

of cross-cutting and sectoral criteria of ECIs 10 January 2011 – draft report for the European Commission 20 January 2011 – adoption of the draft on the cross-cutting criteria of

National Critical Infrastructures (NCI), report to the European Commission after Governmental approval

11 February 2011 – discussion of NCI sectoral criteria (completed by the National Ministry for Development (NMfD)in March 2011)

since April – 2011 NMfD – CIP Consultation Forum

Critical Infrastructure Protection Critical Infrastructure Protection

CRITICAL INFRASTRUCTURESCRITICAL INFRASTRUCTURES

Definition:An asset, system or part of thereof which is essential for the maintenance of vital societal functions, health, safety, security, economic or social well-being of people, and the disruption or destruction of which would have a significant impact in a Member State as a result of the failure to maintain those functions.

Interdependence Cyber security Operation Cascade effect The weakest link & part-

whole concept

Present of the National ProgramPresent of the National Program

New Act on Disaster Management and its decrees – Responsibility of the Ministry of the Interior (MoI NDGDM)

Visible and tangible change of attitude

Dynamic development – became a priority area

Significant scientific actions and tender possibilities in the field of CIP

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Tasks given by the Head of the National Directorate General for Disaster Management (NDGDM):

1. Identifying the potential critical infrastructure elements;

2. Keeping critical infrastructures under authoritative control.

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Amendments in the legislation

The Fundamental Law of Hungary

Strategy of National Security/ Strategy of National Military

Security

Disaster Management Act

Government Decree on Disaster Management Act

Ordinance (s) of the Minister of Interior

Order (s) of the Head of NDGDM

Act on Critical Infrastructure

Government Decree on Critical Infrastructure

Legislations of different sectors



-21-

The Fundamental Law of HungaryLaw and Order in extraordinary cases (48-54. article):

5/ emergency situation

„Disaster Threatening Situation”

In case of disaster threatening situation the Director General – in accordance with the approved emergency response plan which was approved by minister of the interior - acts immediately in order to protect the critical infrastructures.

Emergency situationThe emergency situation is a situation, which is defined in the 53. article of the Fundamental Law, and which could be occurred in the following cases:cd) Such an operational failures of a given critical infrastructures which cause problems in the basic supply of the population during several days or affected more counties.

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CIP Events 2011January 2011 – preparation of the EU reportsFebruary 2011 –NCI sectorial criteria March 2011 – CIP POC pre/meetingApril 2011 – KIIV IT meetingMay 2011 – EU EXTRAH ProjectJune 2011 – II. EU-USA CIP conferenceJuly 2011 – ECI assessmentAugust 2011– Working out of the regulationsSeptember 2011– CIP WG meetingOctober 2011 – NATO CPG / NATO CMX11 November 2011– Regional CIPDecember 2011 –NATO CC11/cyber incidents



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Tasks of CIP in 2012– Legislation 1st January, 2012. – 62/2011. Ordinance of the Minister of Interior 4th January 2012. – CIP proposal (Minister of Interior) 20th January 2012 – Proposal (Government)25th January 2012 – Order of Head of NDGDMFebruary-May – executive legislation, institutions, identification/designation processes, establishment for the horizontal impact assessment

2012– Act on CIP2012– legislation of sectorsGovernment Decree on CIP



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International activity

• 14-16. March 2012, Brussels, CIP POC Meeting (EPCIP review)

• 24-26, April 2012, Ispra, EPCIP Workshop

• 22-23. May 2012, Brussels, III. EU-USA-Canada CIP Expert Conference



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Horizontal Criteria / Analytical methods

1. Loses,

2. Economical effect,

3. Social effect,

4. Political effect,

5. Environmental effect,

6. and Security.

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CIP CIP SectorsSectors

CIPCIPBeazonosított elemek szektoronként

23%

28%

15%

17%

11%

5% 1%

Energia

Infokommunikációsrendszerek

Közlekedés

Víz

Élelmiszer

Egészségügy

Jogrend,kormányzat

Identified elements by sectorTotal: 34459 elements

ENERGY

IT

TRANSPORT

WATER

FOOD

HELATH

LOW AND GOVERNMENT

Main element of the legislationExplanatory Provisions

Designation of the national and European critical infrastructures

Common rules for the national and European critical infrastructures

Registration

Operational Security Plan, security officer

Controls

Special rules for the energy sector

Closing provisions, authorization



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MonitoringControl

CoordinationRegistration

Network SafetyCIP CERT



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Cooperative authorities and organizations

- Constitution Protection Office

- National Protective Service

- National Security Authority

- National Police Department

- Police Department of Budapest

- Counter Terrorism Centre

- National Taxation Authority

- National Media and Info Communications Authority

- Hungarian Energy Office- Hungarian Atomic Energy Authority- National Emergency Service- National Transport Authority- Transportation Safety Bureau- Government Offices at Budapest

and in the Regions

Based on the Ordinance of the Minister of Interior no62/2011.

The Police, the Hungarian Prison Service, the Constitution Protection Office, the National Security, the Counter Terrorism Centre are co-operating according to

the coordination of NDGDM: a) in the shaping of the horizontal criteria system,

b) in the process of identification, c) giving data to the above mentioned.

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Simpler legislation

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Thank you very much for your kind Thank you very much for your kind attention!attention!

Tel: +36(1)469-4116Fax: +36(1)469-4388

GSM: +36(20)251-1560E-mail: [email protected]

Documents

International and national experience of the legislation of the Critical Infrastructure Protection Lt-Col. Balázs Bognár PhD Head of Department – Department