Brussels – The European Commission has issued a two-month ultimatum to Spain and 23 other member states to implement community regulations designed to safeguard critical infrastructure. If these countries fail to comply, the case will be escalated to the Court of Justice of the European Union (CJEU).
Member states were required to adapt the new directive by October 17, 2024. This directive shifts its emphasis from merely protecting critical infrastructure to enhancing the resilience of the organizations that oversee these assets. Furthermore, it broadens the scope of protection from two to eleven sectors.
These new regulations are aimed at ensuring the continued delivery of essential services across vital sectors such as energy, transportation, healthcare, water, banking, and digital infrastructure. They seek to bolster the resilience of critical infrastructure and their managing entities against a variety of threats, including natural disasters, terrorist attacks, insider threats, and acts of sabotage.
However, like Spain, other countries including Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Finland, France, Greece, Hungary, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, the Czech Republic, Romania, and Sweden also failed to inform the Commission of any national measures by the deadline.
As a result, the Commission has opted to send formal notices to these 24 member states, granting them two months to reply, finalize their implementation of the directive, and report their actions back to the Commission. Should they fail to provide a satisfactory response, the Commission may issue a reasoned opinion by November 28.
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