{
  "url": "https://openlegislation.uk/eu-decision-2019-797/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2019-797/introduction.json",
  "legislation": "eudn/2019/797",
  "legislation_title": "Council Decision (CFSP) 2019/797 of 17 May 2019 concerning restrictive measures against cyber-attacks threatening the Union or its Member States",
  "legislation_url": "https://openlegislation.uk/eu-decision-2019-797",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Council Decision (CFSP) 2019/797\nof 17 May 2019\nconcerning restrictive measures against cyber-attacks threatening the Union or its Member States\nTHE COUNCIL OF THE EUROPEAN UNION,\nHaving regard to the Treaty on European Union, and in particular Article 29 thereof,\nHaving regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,\nWhereas:\n(1)\nOn 19 June 2017 the Council adopted conclusions on a framework for a joint diplomatic response to malicious cyber activities (‘the Cyber Diplomacy Toolbox’), in which the Council expressed concerns about the increased ability and willingness of State and non-State actors to pursue their objectives by undertaking malicious cyber activities and affirmed the growing need to protect the integrity and security of the Union, its Member States and their citizens against cyber threats and malicious cyber activities.\n(2)\nThe Council stressed that clearly signalling the likely consequences of a joint Union diplomatic response to such malicious cyber activities influences the behaviour of potential aggressors in cyberspace, thereby reinforcing the security of the Union and its Member States. It also affirmed that measures within the common foreign and security policy (CFSP), including, if necessary, restrictive measures, adopted under the relevant provisions of the Treaties, are suitable for a framework for a joint Union diplomatic response to malicious cyber activities, with the aim of encouraging cooperation, facilitating the mitigation of immediate and long-term threats, and influencing the behaviour of potential aggressors in the long term.\n(3)\nOn 11 October 2017 implementing guidelines for the Cyber Diplomacy Toolbox were approved by the Political and Security Committee. The implementing guidelines refer to five categories of measures, including restrictive measures, within the Cyber Diplomacy Toolbox, and the process for invoking those measures.\n(4)\nThe Council conclusions adopted on 16 April 2018 on malicious cyber activities firmly condemned the malicious use of information and communications technologies (ICTs) and stressed that the use of ICTs for malicious purposes is unacceptable as it undermines the stability, security and benefits provided by the internet and the use of ICTs. The Council recalled that the Cyber Diplomacy Toolbox contributes to conflict prevention, cooperation and stability in cyberspace by setting out measures within the CFSP, including restrictive measures, that can be used to prevent and respond to malicious cyber activities. It stated that the Union will continue strongly to uphold that existing international law is applicable to cyberspace and emphasised that respect for international law, in particular the United Nations Charter, is essential to maintaining peace and stability. The Council also underlined that States are not to use proxies to commit internationally wrongful acts using ICTs, and should seek to ensure that their territory is not used by non-State actors to commit such acts as expressed in the 2015 report of the United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security.\n(5)\nOn 28 June 2018 the European Council adopted conclusions which stressed the need to strengthen capabilities against cybersecurity threats from outside the Union. The European Council asked the institutions and Member States to implement the measures referred to in the joint communication of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 13 June 2018 entitled ‘Increasing resilience and bolstering capabilities to address hybrid threats’, including the practical use of the Cyber Diplomacy Toolbox.\n(6)\nOn 18 October 2018 the European Council adopted conclusions which called for the work on the capacity to respond to and deter cyber-attacks through Union restrictive measures to be taken forward, further to the Council conclusions of 19 June 2017.\n(7)\nIn this context, this Decision establishes a framework for targeted restrictive measures to deter and respond to cyber-attacks with a significant effect which constitute an external threat to the Union or its Member States. Where deemed necessary to achieve CFSP objectives in the relevant provisions of Article 21 of the Treaty on European Union, this Decision also allows for restrictive measures to be applied in response to cyber-attacks with a significant effect against third States or international organisations.\n(8)\nIn order to have a deterrent and dissuasive effect, targeted restrictive measures should focus on cyber-attacks falling within the scope of this Decision that are wilfully carried out.\n(9)\nTargeted restrictive measures should be differentiated from the attribution of responsibility for cyber-attacks to a third State. The application of targeted restrictive measures does not amount to such attribution, which is a sovereign political decision taken on a case-by-case basis. Every Member State is free to make its own determination with respect to the attribution of cyber-attacks to a third State.\n(10)\nFurther action by the Union is needed in order to implement certain measures,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2019/797/introduction",
    "retrieved_at": "2026-11-01T15:12:42.435427+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}