Commission takes action to ensure complete and timely transposition of EU directives

This article is brought to you in association with the European Commission.

The Commission is adopting a package of infringement decisions due to the absence of communication by Member States of measures taken to transpose EU directives into national law. The Commission is sending a letter of formal notice to those Member States who have failed to notify national measures transposing directives, whose transposition deadline expired recently.  In this case, there are 26 Member States who have not yet notified full transposition measures for two EU directives in the field of digital economy and migration, home affairs and security union. Member States concerned now have two months to reply to the letters of formal notice and complete their transposition, or the Commission may decide to issue a reasoned opinion.

The Commission calls on 23 Member States to fully transpose the NIS2 Directive  
Today, the European Commission decided to open infringement procedures by sending a letter of formal notice to 23 Member States (Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Cyprus, Latvia, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden) for failing to fully transpose the NIS2 Directive (Directive 2022/2555). Member States had to transpose the NIS2 Directive into national law by 17 October 2024. The NIS2 Directive aims to ensure a high level of cybersecurity across the EU. It covers entities operating in critical sectors such as public electronic communications services, ICT service management, digital services, wastewater and waste management, space, health, energy, transport, manufacturing of critical products, postal and courier services, and public administration. Full implementation of the legislation is key to further improving the resilience and incident response capacities of public and private entities operating in these critical sectors and the EU as a whole. The Commission is therefore sending letters of formal notice to the other 23 Member States concerned that now have two months to respond and to complete their transposition and notify their measures to the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

The Commission calls on Member States to transpose agreed rules ensuring the protection of critical infrastructure and resilience of critical entities
The European Commission decided to open infringement procedures by sending a letter of formal notice to 24 Member States for failing to notify national measures transposing the Directive (EU) 2022/2557 on the resilience of critical entities (CER Directive). Member States had to transpose the CER Directive by 17 October 2024. It repeals the Council Directive (2008/114/EC) on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection. The new Directive shifts the approach from the protection of critical infrastructure to enhancing the resilience of the entities operating that infrastructure, while expanding the sectoral scope from 2 to 11 sectors. The Directive ensures the provision of vital services for our society and our economy in key sectors such as energy, transport, health, water, banking and digital infrastructure, by strengthening the resilience of critical infrastructure and critical entities against a range of threats, including natural hazards, terrorist attacks, insider threats, or sabotage. Belgium, Bulgaria, Czechia, Denmark, Germany, Greece, Spain, France, Croatia, Cyprus Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden have not communicated to the Commission any national measures transposing this Directive by the set deadline of 17 October 2024. The Commission is therefore sending letters of formal notice to the concerned Member States, which now have two months to respond, complete their transposition and notify their measures to the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.