4. The EU stresses that clearly signaling the likely consequences of a joint EU diplomatic response
to such malicious cyber activities influences the behavior of potential aggressors in cyberspace thus
reinforcing the security of the EU and its Member States. The EU reminds that attribution to a State
or a non-State actor remains a sovereign political decision based on all-source intelligence and
should be established in accordance with international law of State responsibility. In that regard, the
EU stresses that not all measures of a joint EU diplomatic response to malicious cyber activities
require attribution to a State or a non-State actor.
5. The EU affirms that measures within the Common Foreign and Security Policy, including, if
necessary, restrictive measures, adopted under the relevant provisions of the Treaties, are suitable
for a Framework for a joint EU diplomatic response to malicious cyber activities and should
encourage cooperation, facilitate mitigation of immediate and long-term threats, and influence the
behavior of potential aggressors in a long term. The EU will work on the further development of a
Framework for a joint EU diplomatic response to malicious cyber activities, guided by the
following main principles:
•
serve to protect the integrity and security of the EU, its Member States and their citizens,
•
take into account the broader context of the EU external relations with the State concerned,
•
provide for the attainment of the CFSP objectives as set out in the Treaty on the European
Union (TEU) and the respective procedures provided for their attainment,
•
be based on a shared situational awareness agreed among the Member States and correspond
to the needs of the concrete situation in hand,
•
be proportionate to the scope, scale, duration, intensity, complexity, sophistication and
impact of the cyber activity,
•
respect applicable international law and must not violate fundamental rights and freedoms.
6. The EU calls on the Member States, the European External Action Service (EEAS) and the
Commission to give full effect to the development of a Framework for a joint EU diplomatic
response to malicious cyber activities and reaffirms in this regard its commitment to continue the
work on that Framework in cooperation with the Commission, EEAS and other relevant parties by
putting in place implementing guidelines, including preparatory practices and communication
procedures and to test them through appropriate exercises.
9916/17
ANNEX
MK/ec
DGD2B
5
EN