The EU affirms that malicious cyber activities might constitute wrongful acts under international law and emphasises that States should not conduct or knowingly support ICT activities contrary to their obligations under international law, and should not knowingly allow their territory to be used for internationally wrongful acts using ICTs, as it is stated in the 2015 report of the United Nations Groups of Governmental Experts (UN GGE). 3. The EU recalls its and its Member States' efforts to improve cyber resilience in particular through the implementation of the NIS Directive and the operational cooperation mechanisms provided therein, and that malicious cyber activities against information systems, as defined under EU law, constitute a criminal offence and that effective investigation and prosecution of such crimes remains a common endeavour for Member States. The EU and its Member States take note of the ongoing work of the United Nations Groups of Governmental Experts on Developments (UN GGE) in the Field of Information and Telecommunications in the context of international security, building on the 2010, 2013 and 2015 reports 5, and are encouraged to strongly uphold the consensus that existing international law is applicable to cyberspace. The EU and its Member States have a strong commitment to actively support the development of voluntary, non-binding norms of responsible State behaviour in cyberspace and the regional confidence building measures agreed by the OSCE 6 to reduce the risk of conflicts stemming from the use of information and communication technologies. The EU reaffirms its commitment to the settlement of international disputes in cyberspace by peaceful means, and that all of the EU’s diplomatic efforts should as a priority be aimed at promoting security and stability in the cyberspace through increased international cooperation, and at reducing the risk of misperception, escalation and conflict that may stem from ICT incidents. In that regard the EU recalls the UN General Assembly call to the UN Member States to be guided by the UNGGE reports' recommendations in their use of ICTs. 5 6 A/68/98 and A/70/174. PC.DEC/1106 of 3 December 2013 and PC.DEC/1202 of 10 March 2016. 9916/17 ANNEX MK/ec DGD2B 4 EN