S.L. 460.43 Art. 14Advisory mission. 19 20 [S.L.     Cap. 50.  Cap. 379.  Cap. 586.

(1) The CIP Department, or the designated competent authorities that has identified the critical entity, with the agreement of the critical entity concerned, may request the Commission to organise advisory missions, in accordance with the arrangements established in this order, to provide advice to the critical entity concerned in meeting its obligations in accordance with this Part III. The advisory mission shall report its findings to the Commission and the critical entity concerned.

(2) The CIP Department or the designated competent authorities that has identified a critical entity of particular European significance as a critical entity pursuant to article 20(1), may request the Commission to organise an advisory mission and they shall have access to the measures that such critical entity has put in place to satifsy its obligations in accordance with this Part:

Provided that in cases where the essential service is offered within Malta, the CIP Department or, the designated competent authorities, with the agreement of the Member State where the critical entity has been identified as a critical entity of a particular European significance pursuant to article 20(1), may request the Commission to organise an advisory mission, as referred to in sub-article (5):

Provided further that the CIP Department or the designated competent authorities, which has identified a critical entity of particular European significance as a critical entity pursuant to article 20(1), shall upon a reasoned request from the Commission or one (1) or more Member States, provide the following:

(a) the relevant parts of the critical entity risk assessment;

(b) a list of relevant measures taken in accordance with article 13;

(c) supervisory or enforcement actions, including assessments of compliance or orders issued, that its competent authorities have undertaken pursuant to Part V of this order in respect of such critical entity:

Provided that in cases where the essential service is offered within Malta, the CIP Department and the designated competent authorities shall analyse the report with the findings submitted by the advisory mission and, where necessary, shall advise the Commission on whether the critical entity of particular European significance concerned complies with its obligations in accordance with this Part and, where appropriate, on the measures that may be taken to improve the resilience of such critical entity:

Provided further that the CIP Department or the designated competent authorities that has identified a critical entity of particular European significance as a critical entity pursuant to article 20(1), shall ensure that the critical entity concerned takes into account the Commission’s opinion on the report referred to in the sub-article (1) and provides information to the Commission and the Member States to, or in which the essential service is provided on the measures it has taken INFRASTRUCTURES (IDENTIFICATION, 460.43 DESIGNATION AND PROTECTION)

pursuant to that opinion.

(3) When the essential service is offered within Malta or the critical entity of particular European significance is located within Malta, the CIP Department or the designated competent authorities may propose candidates to be part of an advisory mission:

Provided that whenever necessary, members of the advisory mission shall have valid and appropriate security clearance. The Commission shall bear the costs related to participation in advisory missions.

(4) The CIP Department or the designated competent authorities shall ensure that critical entities of particular European significance provide advisory missions with access to information, systems and facilities relating to the provision of their essential services necessary for carrying out the advisory mission concerned.

(5) Advisory missions carried out in Malta shall comply with applicable national law and with respect to the responsibility for national security and the protection of national security interests, including but not limited to the Official Secrets Act, the Competition

Act and the Data Protection Act.