I527-290 ESRIF Final Report (WEB).indd - European Commission

Not only this interaction between diff erent policy domains is characterizing the legal frame for security. Also the large variety
of national practices and the diversity across the EU Member States in translating and implementing EU rules, conditions and
regulations into national law contribute signifi cantly to the complexity. Moreover, there may exist national, European and
International legislation, legal frameworks and treaties that would not allow for any exchanges of information or expertise, as
for instance in the case of CBRNE matters.
In order to improve the understanding of the state of play for all stakeholders in specifi c security-related situations, it is
important to have an overview of all these elements and their interaction. A database with legislation in force in the EU might
contribute signifi cantly to this understanding and would facilitate the process of identifying potential gaps, confl icts, averse
eff ects, of the rules, conditions and regulations in use.
ESRIF WG 9 held hearings with experts, e. g. the European Representative for Data Protection. It became evident that any
new solution must take into consideration aspects of privacy and civil liberty rights from the beginning of the design of new
security measures. This concept of privacy by design or data protection by design is a core characteristic of Europe’s unique
approach to privacy and data protection. The balancing between increasing security and enhancing security measures on
the one hand and preserving the fundamental rights of citizens for privacy, justice and freedom on the other should be the
driving force for any investment in security. As such, the concept of privacy by design or data protection by design should be
an inseparable part of the wider concept of security by design, described in the key messages of ESRIF.
ESRIF WG 9 also noted that other countries introduced new legal measures for providers of security solutions, e. g. in the aspect
of liability (the US Safety Act). It is suggested to assess both the need and the value of establishing an EU equivalent in order
to enhance the competitiveness of EU industry.
9.3.1.3 Ambitious use of standards
The market for security solutions in Europe is highly fragmented thereby preventing EU industry from exploiting its overall
potential and accessing market opportunities in a more eff ective way. There is a need to make a thorough analysis of the
security market conditions, looking more closely at the demand side, and in particular considering the role of standards and
standardization as processes for organizing the market.
Dynamic standardisation
The European Commission 3 identifi es dynamic standardisation as an important enabler of innovation, contributing to the
development of sustainable industrial policy, unlocking the potential of innovative markets and strengthening the position of
the European economy through more effi cient capitalising of its knowledge base.
State-of-the-art standards provide a level playing fi eld, which facilitates interoperability and enhances competition between new and
already existing technologies, products, services and processes. They generate trust in the performance of these new technologies,
products, services and processes and allow their benchmarking through reference and validation according to standardised methods.
In this understanding, new standardization concepts must be developed which are capability driven, focusing on the level of
performance of security related solutions rather than on the level of technical equipment specifi cations. This is important to
enrich the market and to allow a broad range of industries to come up with solutions that are compatible and interoperable,
and at the same time allowing fl exibility to adapt to individual customer needs.
If specifi c areas are identifi ed where new standards or standard-like initiatives are required, they should be approached with
an innovative mindset, as described also in the Aho Report.
“Specifi cation of functional performance or standards, which allows suppliers to produce any confi guration of technology
they feel can meet the need.”
3 COM (2008) 133 Final, Communication from the Commission, Towards an increased contribution from standardisation to
innovation in Europe, dated 11 March 2008.
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