Source

Commission Implementing Decision (EU) 2017/179 of 1 February 2017 laying down procedural arrangements necessary for the functioning of the Cooperation Group pursuant to Article 11(5) of the Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union

Implementing Decision (EU) 2017/179 · Decision · 13 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Objective

Article 1

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This Decision lays down the procedural arrangements necessary for the functioning of the Cooperation Group (the ‘Group’) established by Article 11 of Directive (EU) 2016/1148.

Chair of the Group

Article 2

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1. The Group shall be chaired by a representative of the Member State holding the Presidency of the Council of the European Union. The Chair shall be assisted in the performance of his duties by representatives of the Member States holding the previous and the following Presidency of the Council of the Union. 2. By way of derogation from paragraph 1 and following a request from a representative of the Member State holding the Presidency of the Council of the European Union, in case that Member State would refrain from chairing the Group, the Group may decide by a two-third majority of its component members to elect a substitute chair among the Member States until the next Chair will succeed according to paragraph 1.

Convening a meeting

Article 3

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1. Meetings of the Group shall be convened by the chair, either on its own initiative, or at the request of a simple majority of members. The chair shall provide an indicative schedule of the meetings during his term while taking into account the Work Programme of the Group. 2. Meetings of the Group shall, in principle, be held on Commission premises.

Working methods

Article 4

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The Group shall conduct its work as a combination of meetings in physical or virtual form and written procedure.

Agenda

Article 5

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1. The Chair, assisted by the secretariat, shall draw up the agenda and shall send it to the members of the Group. 2. The agenda shall be adopted by the Group at the start of the meeting.

Voting rules and positions expressed by the members of the Group

Article 6

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1. The decisions of the Group shall be taken by consensus, unless otherwise provided for in this Decision. 2. If a vote is taken, the members that have voted against or abstained shall have the right to have a summary of the reasons for their position annexed to the document submitted to the vote. 3. The Group shall adopt its work programme by a two-third majority of its component members.

Third parties and experts

Article 7

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1. Representatives of acceding countries shall be invited to attend the meetings of the Group as from the date of signature of the Treaty of accession. 2. The chair may decide to invite representatives of relevant stakeholders or experts to participate in a meeting or in a particular part of a meeting of the Group, on his/her own initiative or at the request of a member of the Group. However, a simple majority of the component members of the Group may oppose such participation. 3. Representatives of third parties, relevant stakeholders and experts referred to in paragraphs 1 and 2 shall not be present at and shall not participate in voting of the Group.

Creation of sub-groups

Article 8

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1. The Group may setup sub-groups to examine specific questions related to its work. 2. The Group shall define the terms of reference of the sub-groups. A sub-group shall report to the Group and shall cease to exist once it has fulfilled its mandate. 3. The Commission shall provide secretarial support to any sub-groups referred to in paragraph 1. 4. The rules on access to documents and confidentiality referred to in Article 10, the rules on protection of personal data referred to in Article 11 and the rules on meeting expenses referred to in Article 12 shall apply to sub-groups.

Rules of procedures

Article 9

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1. The group shall adopt, by a two-third majority of its component members, its rules of procedure. 2. The Chair may propose following a request from a member of the Group or on his own initiative, amendments to the rules of procedure.

Access to documents and confidentiality

Article 10

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1. Requests addressed to the Group for access to the documents concerning its activities shall be handled by the Commission in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council ( 2 ) . 2. The Group's discussions shall not be open to the public. In agreement with the Chair, the Group may decide, for certain subject matters to open up its discussions to the public. 3. Documents submitted to members of the Group, representatives of third parties and experts shall not be disclosed to the public, unless access is granted to those documents pursuant to paragraph 1 or they are otherwise made public by the Commission. 4. The Commission's rule on security regarding the protection of Union classified information laid down in Commission Decisions (EU, Euratom) 2015/443 ( 3 ) and (EU, Euratom) 2015/444 ( 4 ) shall apply to any such information received, created or handled by the Group. Information handled by the Group which is covered by an obligation of professional secrecy, shall be duly protected. 5. Members of the Group as well as representatives of third parties and experts shall be required to respect the confidentiality obligations set out in this Article. The chair shall ensure that representatives of third parties and experts are made aware of the confidentiality requirements imposed upon them.

Protection of personal data

Article 11

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The processing of personal data by the Group shall be in conformity with Regulation (EC) No 45/2001 of the European Parliament and of the Council ( 5 ) .

Meeting expenses

Article 12

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1. The Commission shall not remunerate those involved in the activities of the Group for their services. 2. Travel expenses incurred by participants in the meetings of the Group may be reimbursed by the Commission. Reimbursement shall be made in accordance with the provisions in force within the Commission and the limits of the available appropriations allocated to the Commission services under the annual procedure for the allocation of resources.

Entry into force

Article 13

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This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union .

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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