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Brussels – The European Commission has given a two-month ultimatum to Spain and 23 other member states to transpose the community rules that ensure the protection of critical infrastructure before taking the case to the Court of Justice of the EU (CJEU).

The capitals had until October 17, 2024, to adapt the new directive to their national legislation, which shifts the focus from critical infrastructure protection to enhancing the resilience of the entities that manage them, in addition to expanding the scope from two to eleven sectors.

The new rules ensure the provision of vital services to society and the economy in key sectors such as energy, transport, health care, water, banking, and digital infrastructure by strengthening the resilience of critical infrastructure and entities against a range of threats, including natural risks, terrorist attacks, insider threats, or sabotage.

However, like Spain, neither Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Finland, France, Greece, Hungary, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Czech Republic, Romania, nor Sweden communicated any national measures in this regard to the Commission within the established deadline.

Therefore, the Commission has decided to send letters of formal notice to these 24 member states, which now have two months to respond, complete their transposition, and notify their measures to the Commission, which, in the absence of a satisfactory response, may decide to issue a reasoned opinion. (November 28)