13.3.2004 Official Journal of the European Union L77/1 (Acts whose publication is obligatory) REGULATION (EC) No 460/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 10 March 2004 establishing the European Network and Information Security Agency (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee ('), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1)  Communication networks and information systems have become an essential factor in economic and societal development. Computing and networking are now becoming ubiquitous utilities in the same way as electri- city or water supply already are. The security of commu- nication networks and information systems, in particular their availability, is therefore of increasing concern to society not least because of the possibility of problems in key information systems, due to system complexity, accidents, mistakes and attacks, that may have conse- quences for the physical infrastructures which deliver services critical to the well-being of EU citizens. (2)  The growing number of security breaches has already generated substantial financial damage, has undermined user confidence and has been detrimental to the develop- ment of e-commerce. Individuals, public administrations and businesses have reacted by deploying security tech- nologies and security management procedures. Member States have taken several supporting measures, such as information campaigns and research projects, to enhance network and information security throughout society. () 0] C 220, 16.9.2003, p. 33. (%) Opinion of the European Parliament of 19 November 2003 (not yet published in the Official Journal) and Council Decision of 19 February 2004. (3)  The technical complexity of networks and information systems, the variety of products and services that are interconnected, and the huge number of private and public actors that bear their own responsibility risk undermining the smooth functioning of the Internal Market. (4)  Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (the Framework Directive) (°) lays down the tasks of national regulatory authorities, which include cooperating with each other and the Commission in a transparent manner to ensure the development of consistent regulatory practice, contributing to ensuring a high level of protection of personal data and privacy, and ensuring that the integrity and security of public communications networks are ensured. (5)  Present Community legislation also includes Directive 2002/20/EC (¥), Directive 2002/22[EC (), Directive 2002/19[EC (°), Directive 2002/58/EC (), Directive 1999/93/EC (), Directive 2000/31/EC (°), as well as the Council Resolution of 18 February 2003 on the imple- mentation of the eEurope 2005 Action Plan (*9). () OJ L 108, 24.4.2002, p. 33. (*) Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (O] L 108, 24.4.2002, p. 21). Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) (O] L 108, 24.4.2002, p. 51). Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, elec- tronic communications networks and associated facilities (Access Directive) (O] L 108, 24.4.2002, p. 7). Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (O] L 201, 31.7.2002, p. 37). Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (O] L 13, 19.1.2000, p. 12). Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (O] L 178, 17.7.2000, - Y — S - = = 3 -2 p- 1). (19 0] C 48, 28.2.2003, p. 2.