title: Commission Recommendation of 18 June 2019 on the draft integrated National Energy and Climate Plan of Finland covering the period 2021-2030

text:
               3.9.2019

               EN

               Official Journal of the European Union

               C 297/100

      COMMISSION RECOMMENDATION
      of 18 June 2019
      on the draft integrated National Energy and Climate Plan of Finland covering the period 2021-2030
      (2019/C 297/26)
      THE EUROPEAN COMMISSION,
      Having regard to Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (1), and in particular Article 9(2) thereof,
      Whereas:

                  (1)

                  Pursuant to Regulation (EU) 2018/1999, each Member State is required to submit to the Commission a draft of its integrated national energy and climate plan covering the period from 2021 to 2030 in accordance with Article 3(1) and Annex I of that Regulation. The first drafts of integrated national energy and climate plans had to be submitted by 31 December 2018.

                  (2)

                  Finland submitted its draft integrated national energy and climate plan on 20 December 2018. The submission of this draft plan represents the basis and first step of the iterative process between the Commission and Member States for the purpose of the finalisation of the integrated national energy and climate plans and their subsequent implementation.

                  (3)

                  Pursuant to Regulation (EU) 2018/1999, the Commission is required to assess the draft integrated national energy and climate plans. The Commission made a comprehensive assessment of the Finnish draft integrated national energy and climate plan, taking into consideration the relevant elements of Regulation (EU) 2018/1999. This assessment (2) is published alongside the present recommendation. The below recommendations are based on that assessment.

                  (4)

                  In particular, the Commission's recommendations may address (i) the level of ambition of objectives, targets and contributions with a view to collectively achieving the Energy Union objectives and, in particular, the Union's 2030 targets for renewable energy and energy efficiency as well as the level of electricity interconnectivity that the Member State aims for in 2030; (ii) policies and measures relating to Member State- and Union-level objectives and other policies and measures of potential cross-border relevance; (iii) any additional policies and measures that might be required in the integrated national energy and climate plans; (iv) interactions between and consistency of existing and planned policies and measures included in the integrated national energy and climate plan within one dimension and among different dimensions of the Energy Union.

                  (5)

                  In developing its recommendations, the Commission considered, on the one hand, the need to add up certain quantified planned contributions of all Member States in order to assess the ambition at Union level, and, on the other hand, the need to provide adequate time for the Member State concerned to take due consideration of the Commission's recommendations before finalising its integrated national energy and climate plan.

                  (6)

                  The Commission's recommendations with regard to the Member States' renewable ambitions are based on a formula set out in Annex II of Regulation (EU) 2018/1999 which is based on objective criteria.

                  (7)

                  With regard to energy efficiency, the Commission's recommendations are based on the assessment of the national level of ambition put forward in the draft integrated national energy and climate plan, compared to the collective level of efforts needed to reach the Union's targets, taking into account the information provided on specific national circumstances, where relevant. The final national contributions in the area of energy efficiency should reflect the cost-effective potential for energy savings and be supported with a robust long-term building renovation strategy and measures to implement the energy savings obligation stemming from Article 7 Directive 2012/27/EU of the European Parliament and of the Council (3). Member States should also demonstrate that they have properly taken into account the energy efficiency first principle, by explaining notably how energy efficiency contributes to the cost-effective delivery of the national goals of a competitive low-carbon economy, security of energy supply and to address energy poverty.

                  (8)

                  The Governance Regulation requires Member States to provide a general overview of the investment needed to achieve the objectives, targets and contributions set out in the integrated national energy and climate plan, as well as a general assessment on the sources of that investment. The national energy and climate plans should ensure the transparency and predictability of national policies and measures in order to ensure investment certainty.

                  (9)

                  In parallel, as part of the 2018-2019 European Semester cycle, the Commission has put a strong focus on Member States' energy and climate related investment needs. This is reflected in the 2019 Country Report for Finland (4) and in the Commission's recommendation for a Council Recommendation to Finland (5), as part of the European Semester process. The Commission took into account the latest European Semester findings and recommendations in its assessment of the draft integrated national energy and climate plans. The Commission's recommendations are complementary to the latest country-specific recommendations issued in the context of the European Semester. Member States should also ensure that their integrated national energy and climate plans take into consideration the latest country-specific recommendations issued in the context of the European Semester.

                  (10)

                  In addition, the Governance Regulation requires each Member State to take due account of any recommendations from the Commission to its draft integrated national energy and climate plan to be submitted by 31 December 2019 and, if the Member State concerned does not address a recommendation or a substantial part thereof, that Member State should provide and make public its reasons.

                  (11)

                  Where applicable, Member States should report the same data in their integrated national energy and climate plans and updates in later years as they report to Eurostat or the European Environment Agency. The use of the same source and, where available, of European statistics, is also essential to calculate the baseline for modelling and projections. Using European statistics will allow for a better comparability of the data and the projections used in the integrated national energy and climate plans.

                  (12)

                  All elements of Annex I of the Regulation (EU) 2018/1999 are to be included in the final integrated national energy and climate plan. In this context, the macroeconomic and, to the extent feasible, the health, environmental, employment and education, skills and social impacts of the planned policies and measures should be assessed. The public and other stakeholders are to be engaged in the preparation of the final integrated national energy and climate plan. These and other elements are described in detail in the staff working document published alongside this Recommendation (6).

                  (13)

                  In the final plan Finland would need to take into account the interlinkages between planned policies and measures, notably: the synergies between the decarbonisation, energy security and internal market dimensions with the energy efficiency first principle, by explain how energy efficiency contributes to the cost-effective delivery of the national goals of a competitive low-carbon economy, security of energy supply and to address energy poverty. The interactions of the planned policies related to the phase out of coal-fired power plants and reduction of oil use, replaced by forest residues and biofuels and the increased penetration of renewable electricity and the required strengthening of the electricity networks are also important elements to be addressed in the final plan. Similarly, the objectives under the research, innovation and competitiveness dimension need to underpin the efforts planned for the other Energy Union dimensions.

                  (14)

                  The final integrated national energy and climate plan would benefit from presenting a comprehensive analysis on where the low-carbon technologies sector is currently positioned in the global market, highlighting areas of competitive strengths and potential challenges and pointing at measurable objectives for the future and policies and measures to achieve them, making appropriate links to enterprise and industrial policy. It could also benefit from a better interaction with the circular economy, emphasising its greenhouse gas emissions reduction potential.

                  (15)

                  The Commission's recommendations to Finland are underpinned by the assessment of Finland's draft integrated national energy and climate plan which is published alongside this Recommendation (7),

            HEREBY RECOMMENDS FINLAND TAKES ACTION TO:

                  1.

                  Clarify how it plans to comply with the commitment under Regulation (EU) 2018/841 of the European Parliament and of the Council (8) that land use, land use change and forestry (LULUCF) emissions do not exceed removals, taking into account the possibility of using flexibilities between the effort sharing and the LULUCF sectors. This requires applying the LULUCF accounting rules. Quantify the impact over the whole period 2021-2030 of planned policies and measures to reach the 2030 greenhouse gas target for sectors outside the EU emissions trading system of -39 % compared to 2005.

                  2.

                  Increase the level of ambition for 2030 to a renewable energy share of at least 51 % as Finland's contribution to the Union's 2030 target for renewable energy, as indicated by the formula in Annex II under Regulation (EU) 2018/1999. Include an indicative trajectory in the final integrated national energy and climate plan that reaches all the reference points pursuant to Article 4(a)(2) of Regulation (EU) 2018/1999 in accordance with that share, in view of the need to increase the level of efforts for reaching this target collectively. Put forward detailed and quantified policies and measures that are in line with the obligations laid down in Directive 2018/2001/EC of the European Parliament and Council (9), to enable a timely and cost-effective achievement of this contribution. Provide additional details on the specific measures planned to ensure the long-term sustainability of the use of biomass in the energy sector, given the important contribution of biomass across the Finnish energy mix. Provide additional details on the enabling frameworks for renewable self-consumption and renewable energy communities, in line with Articles 21 and 22 of Directive (EU) 2018/2001.

                  3.

                  Substantially increase the ambition towards reducing both final and primary energy consumption in 2030 in view of the need to increase the level of efforts to reach the Union's 2030 energy efficiency target. Support it with policies and measures that would deliver additional energy savings by 2030. Look at the energy savings potential in the residential and industrial sectors and identify the most appropriate measures to address it. Assess the reasons behind the expected increase of the gross domestic product (GDP) being accompanied by an increase of energy consumption, and identify specific measures to mitigate such effect.

                  4.

                  Specify the measures supporting the energy security objectives on diversification and reduction of energy dependency, including measures ensuring flexibility, and the strategy to ensure the long-term supply of nuclear materials and fuel, in particular in the perspective of the development of nuclear generation capacity.

                  5.

                  Further clarify national objectives and funding targets in research, innovation and competitiveness, specifically related to the Energy Union, to be achieved between now and 2030, so that they are readily measurable and fit for purpose to support the implementation of targets in the other dimensions of the final integrated national energy and climate Plan. Underpin such objectives with specific and adequate policies and measures, including those to be developed in cooperation with other Member States, such as the European Strategic Energy Technology Plan.

                  6.

                  Intensify the already good regional cooperation arrangements between Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), extending them to new areas and broadening the geographic reach to include the Baltic States (Estonia, Latvia and Lithuania). The focus of the regional exchanges should be on internal energy market and energy security areas, in view to the changes in the electricity systems accommodating higher shares of renewable electricity, which will increase electricity import/export and enhance the need for system flexibility.

                  7.

                  List all energy subsidies, including in particular for fossil fuels, and actions undertaken as well as plans to phase them out.

                  8.

                  Complement the analysis of the interactions with air quality and air emissions policy, presenting the impacts on air pollution for the various scenarios, providing underpinning information, and considering synergies and trade-off effects.

                  9.

                  Integrate just and fair transition aspects better, notably by providing more details on social, employment and skills impacts of planned objectives, and policies and measures.

         Done at Brussels, 18 June 2019.

               For the Commission

            Miguel ARIAS CAÑETE

               Member of the Commission

         (1)  OJ L 328, 21.12.2018, p. 1.

         (2)  SWD(2019) 276.

         (3)  Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).

         (4)  SWD (2019) 1025 final.

         (5)  COM (2019) 526 final of 5 June 2019.

         (6)  SWD(2019) 276.

         (7)  SWD(2019) 276.

         (8)  Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1)

         (9)  Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).


title: Commission Recommendation of 18 June 2019 on the draft integrated National Energy and Climate Plan of Sweden covering the period 2021-2030

text:
               3.9.2019

               EN

               Official Journal of the European Union

               C 297/104

      COMMISSION RECOMMENDATION
      of 18 June 2019
      on the draft integrated National Energy and Climate Plan of Sweden covering the period 2021-2030
      (2019/C 297/27)
      THE EUROPEAN COMMISSION,
      Having regard to Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (1), and in particular Article 9(2) thereof,
      Whereas:

                  (1)

                  Pursuant to Regulation (EU) 2018/1999, each Member State is required to submit to the Commission a draft of its integrated national energy and climate plan covering the period from 2021 to 2030 in accordance with Article 3(1) and Annex I of that Regulation. The first drafts of integrated national energy and climate plans had to be submitted by 31 December 2018.

                  (2)

                  Sweden submitted its draft integrated national energy and climate plan on 17 January 2019. The submission of this draft plan represents the basis and first step of the iterative process between the Commission and Member States for the purpose of the finalisation of the integrated national energy and climate plans and their subsequent implementation.

                  (3)

                  Pursuant to Regulation (EU) 2018/1999, the Commission is required to assess the draft integrated national energy and climate plans. The Commission made a comprehensive assessment of the Swedish draft integrated national energy and climate plan, taking into consideration the relevant elements of Regulation (EU) 2018/1999. This assessment (2) is published alongside the present recommendation. The below recommendations are based on that assessment.

                  (4)

                  In particular, the Commission's recommendations may address (i) the level of ambition of objectives, targets and contributions with a view to collectively achieving the Energy Union objectives and, in particular, the Union's 2030 targets for renewable energy and energy efficiency as well as the level of electricity interconnectivity that the Member State aims for in 2030; (ii) policies and measures relating to Member State- and Union-level objectives and other policies and measures of potential cross-border relevance; (iii) any additional policies and measures that might be required in the integrated national energy and climate plans; (iv) interactions between and consistency of existing and planned policies and measures included in the integrated national energy and climate plan within one dimension and among different dimensions of the Energy Union.

                  (5)

                  In developing its recommendations, the Commission considered, on the one hand, the need to add up certain quantified planned contributions of all Member States in order to assess the ambition at Union level, and, on the other hand, the need to provide adequate time for the Member State concerned to take due consideration of the Commission's recommendations before finalising its national plan.

                  (6)

                  The Commission's recommendations with regard to the Member States' renewable ambitions are based on a formula set out in Annex II of Regulation (EU) 2018/1999 which is based on objective criteria.

                  (7)

                  With regard to energy efficiency, the Commission's recommendations are based on the assessment of the national level of ambition put forward in the draft integrated national energy and climate plan, compared to the collective level of efforts needed to reach the Union's targets, taking into account the information provided on specific national circumstances, where relevant. The final national contributions in the area of energy efficiency should reflect the cost-effective potential for energy savings and be supported with a robust long-term building renovation strategy and measures to implement the energy savings obligation stemming from Article 7 Directive 2012/27/EU of the European Parliament and of the Council (3). Member States should also demonstrate that they have properly taken into account the energy efficiency first principle, by explaining notably how energy efficiency contributes to the cost-effective delivery of the national goals of a competitive low-carbon economy, security of energy supply and to address energy poverty.

                  (8)

                  The Governance Regulation requires Member States to provide a general overview of the investment needed to achieve the objectives, targets and contributions set out in the integrated national energy and climate plan, as well as a general assessment on the sources of that investment. The national energy and climate plans should ensure the transparency and predictability of national policies and measures in order to ensure investment certainty.

                  (9)

                  In parallel, as part of the 2018-2019 European Semester cycle, the Commission has put a strong focus on Member States' energy and climate related investment needs. This is reflected in the 2019 Country Report for Sweden (4) and in the Commission's recommendation for a Council Recommendation to Sweden (5), as part of the European Semester process. The Commission took into account the latest European Semester findings and recommendations in its assessment of the draft integrated national energy and climate plans. The Commission's recommendations are complementary to the latest country-specific recommendations issued in the context of the European Semester. Member States should also ensure that their integrated national energy and climate plans take into consideration the latest country-specific recommendations issued in the context of the European Semester.

                  (10)

                  In addition, the Governance Regulation requires each Member State to take due account of any recommendations from the Commission to its draft integrated national energy and climate plan to be submitted by 31 December 2019 and, if the Member State concerned does not address a recommendation or a substantial part thereof, that Member State should provide and make public its reasons.

                  (11)

                  Where applicable, Member States should report the same data in their integrated national energy and climate plans and updates in later years as they report to Eurostat or the European Environment Agency. The use of the same source and, where available, of European statistics, is also essential to calculate the baseline for modelling and projections. Using European statistics will allow for a better comparability of the data and the projections used in the integrated national energy and climate plans.

                  (12)

                  All elements of Annex I of the Regulation (EU) 2018/1999 are to be included in the final integrated national energy and climate plan. In this context, the macroeconomic and, to the extent feasible, the health, environmental, employment and education, skills and social impacts of the planned policies and measures should be assessed. The public and other stakeholders are to be engaged in the preparation of the final integrated national energy and climate plan. These and other elements are described in detail in the staff working document published alongside this Recommendation (6).

                  (13)

                  In the final integrated national energy and climate plan, Sweden should also take into account the policy interlinkages, notably the synergies between the decarbonisation, energy security and internal market dimensions with the energy efficiency first principle. The interaction of the planned policies related to the planned increase of renewables in the electricity sector and the required strengthening of the electricity networks are also important elements to be addressed in the final plan. The objectives under the research, innovation and competitiveness dimension need to underpin the efforts planned for the other Energy Union dimensions. As the use of hydro power is important, also the climate change impacts on energy security could be considered.

                  (14)

                  In the final integrated national energy and climate plan, Sweden could build on its general objective of developing technologies and services that can be commercialised by Swedish enterprises by presenting a more comprehensive overview on the competitiveness of the low-carbon technologies sector. It could also benefit from enhanced information on the interaction with the circular economy.

                  (15)

                  The Commission's recommendations to Sweden are underpinned by the assessment of Sweden's draft integrated national energy and climate plan which is published alongside this Recommendation (7),

            HEREBY RECOMMENDS THAT SWEDEN TAKES ACTION TO:

                  1.

                  Develop its strategy for achieving the commitment under Regulation (EU) 2018/841 of the European Parliament and of the Council (8) that land use, land use change and forestry (LULUCF) emissions do not exceed removals, based on applying the underpinning accounting rules. Pay particular attention to assessing the impact of policies and measures on emissions trading system, effort sharing and LULUCF sectors.

                  2.

                  Confirm the welcome level of ambition of a 65 % renewable energy share for 2030 referred to in the draft integrated national energy and climate plan, as Sweden's contribution to the Union's 2030 target for renewable energy pursuant to Article 3 of Directive (EU) 2018/2001 of the European Parliament and of the Council (9) and to Article 4 of Regulation (EU) 2018/1999. This contribution should be underpinned by detailed and quantified policies and measures that are in line with the obligations laid down in Directive (EU) 2018/2001 in a way that enables a timely and cost-effective achievement of this contribution. An indicative trajectory that reaches all the reference points pursuant to Article 4(a)(2) of Regulation (EU) 2018/1999 should be included. Additional information relating to overcoming administrative burden should also be included, as well, as additional details on the enabling frameworks for renewable self-consumption and renewable energy communities, in line with Articles 21 and 22 of Directive (EU) 2018/2001. Additional details should be provided in relation to the specific measures planned to ensure the long-term sustainability of the use of biomass in the energy sector, given the important contribution of biomass to Sweden across the energy mix.

                  3.

                  Increase the level of efforts towards reducing final energy consumption in view of the need to collectively reach the Union's 2030 energy efficiency target, and support it with policies and measures that would deliver additional energy savings by 2030. Additional measures and their expected impact in terms of energy savings should be developed and included in the final integrated national energy and climate plan.

                  4.

                  Specify the measures supporting the energy security objectives on diversification and reduction of energy dependency, including measures ensuring flexibility and electricity generation adequacy in light of the ambitious renewables target.

                  5.

                  Clarify the national objectives and funding targets in research, innovation and competitiveness, specifically related to the Energy Union, to be achieved between 2023 and 2030, so that they are readily measurable and fit for purpose to support the implementation of targets in the other dimensions of the integrated national energy and climate plan. Underpin such objectives with specific and adequate policies and measures, including those to be developed in cooperation with other Member States, such as the Strategic Energy Technology Plan.

                  6.

                  Intensify the already good regional cooperation arrangements between Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), extending them to new areas and broadening the geographic reach to include the Baltic States (Estonia, Latvia and Lithuania). The focus of the regional exchanges should be on internal energy market and energy security areas, in view to the changes in the electricity systems accommodating higher shares of renewable electricity, which will increase electricity import and export and enhance the need for system flexibility.

                  7.

                  Provide a general overview of the investment needs to achieve the climate and energy objectives, and a general assessment of the sources of that investment, including appropriate financing at national and regional level.

                  8.

                  List all energy subsidies, including in particular for fossil fuels, and actions undertaken as well as plans to phase them out.

                  9.

                  Include an analysis of the interactions with air quality and air emissions policy, presenting the impacts on air pollution for the various scenarios, providing underpinning information, and considering synergies and trade-offs effects.

                  10.

                  Integrate just and fair transition aspects better, notably by providing more details on social, employment and skills impacts of planned objectives, policies and measures.

         Done at Brussels, 18 June 2019.

               For the Commission

            Miguel ARIAS CAÑETE

               Member of the Commission

         (1)  OJ L 328, 21.12.2018, p. 1.

         (2)  SWD(2019) 278.

         (3)  Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).

         (4)  SWD (2019) 1026 final.

         (5)  COM(2019) 527 final of 5 June 2019.

         (6)  SWD(2019) 278 final.

         (7)  SWD(2019) 278 final.

         (8)  Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).

         (9)  Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).


title: Commission Recommendation of 18 June 2019 on the draft integrated National Energy and Climate Plan of the United Kingdom covering the period 2021-2030

text:
               3.9.2019

               EN

               Official Journal of the European Union

               C 297/108

      COMMISSION RECOMMENDATION
      of 18 June 2019
      on the draft integrated National Energy and Climate Plan of the United Kingdom covering the period 2021-2030
      (2019/C 297/28)
      THE EUROPEAN COMMISSION,
      Having regard to Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (1), and in particular Article 9(2) thereof,
      Whereas:

                  (1)

                  Pursuant to Regulation (EU) 2018/1999, each Member State is required to submit to the Commission a draft of its integrated national energy and climate plan covering the period from 2021 to 2030 in accordance with Article 3(1) and Annex I of that Regulation. The first drafts of integrated national energy and climate plans had to be submitted by 31 December 2018.

                  (2)

                  The United Kingdom submitted its draft integrated national energy and climate plan on 20 December 2018. The submission of this draft plan represents the basis and first step of the iterative process between the Commission and Member States for the purpose of the finalisation of the integrated national energy and climate plans and their subsequent implementation.

                  (3)

                  Pursuant to Regulation (EU) 2018/1999, the Commission is required to assess the draft integrated national energy and climate plans. The Commission made a comprehensive assessment of the United Kingdom's draft integrated national energy and climate plan, taking into consideration the relevant elements of Regulation (EU) 2018/1999. This assessment (2) is published alongside the present recommendation. The below recommendations are based on that assessment.

                  (4)

                  In particular, the Commission's recommendations may address (i) the level of ambition of objectives, targets and contributions with a view to collectively achieving the Energy Union objectives and, in particular, the Union's 2030 targets for renewable energy and energy efficiency as well as the level of electricity interconnectivity that the Member State aims for in 2030; (ii) policies and measures relating to Member State- and Union-level objectives and other policies and measures of potential cross-border relevance; (iii) any additional policies and measures that might be required in the integrated national energy and climate plans; (iv) interactions between and consistency of existing and planned policies and measures included in the integrated national energy and climate plan within one dimension and among different dimensions of the Energy Union.

                  (5)

                  In developing its recommendations, the Commission considered, on the one hand, the need to add up certain quantified planned contributions of all Member States in order to assess the ambition at Union level, and, on the other hand, the need to provide adequate time for the Member State concerned to take due consideration of the Commission's recommendations before finalising its national plan.

                  (6)

                  The Commission's recommendations with regard to the Member States' renewable ambitions are based on a formula set out in Annex II of Regulation (EU) 2018/1999 which is based on objective criteria.

                  (7)

                  With regard to energy efficiency, the Commission's recommendations are based on the assessment of the national level of ambition put forward in the draft integrated national energy and climate plan, compared to the collective level of efforts needed to reach the Union's targets, taking into account the information provided on specific national circumstances, where relevant. The final national contributions in the area of energy efficiency should reflect the cost-effective potential for energy savings and be supported with a robust long-term building renovation strategy and measures to implement the energy savings obligation stemming from Article 7 Directive 2012/27/EU of the European Parliament and of the Council (3). Member States should also demonstrate that they have properly taken into account the energy efficiency first principle, by explaining notably how energy efficiency contributes to the cost-effective delivery of the national goals of a competitive low-carbon economy, security of energy supply and to address energy poverty.

                  (8)

                  The Governance Regulation requires Member States to provide a general overview of the investment needed to achieve the objectives, targets and contributions set out in the integrated national energy and climate plan, as well as a general assessment on the sources of that investment. The national energy and climate plans should ensure the transparency and predictability of national policies and measures in order to ensure investment certainty.

                  (9)

                  In parallel, as part of the 2018-2019 European Semester cycle, the Commission has put a strong focus on Member States' energy and climate related investment needs. This is reflected in the 2019 Country Report for the United Kingdom (4) and in the Commission's recommendation for a Council Recommendation to the United Kingdom (5), as part of the European Semester process. The Commission took into account the latest European Semester findings and recommendations in its assessment of the draft integrated national energy and climate plans. The Commission's recommendations are complementary to the latest country-specific recommendations issued in the context of the European Semester. Member States should also ensure that their integrated national energy and climate plans take into consideration the latest country-specific recommendations issued in the context of the European Semester.

                  (10)

                  In addition, the Governance Regulation requires each Member State to take due account of any recommendations from the Commission to its draft integrated national energy and climate plan to be submitted by 31 December 2019 and, if the Member State concerned does not address a recommendation or a substantial part thereof, that Member State should provide and make public its reasons.

                  (11)

                  Where applicable, Member States should report the same data in their integrated national energy and climate plans and updates in later years as they report to Eurostat or the European Environment Agency. The use of the same source and, where available, of European statistics, is also essential to calculate the baseline for modelling and projections. Using European statistics will allow for a better comparability of the data and the projections used in the integrated national energy and climate plans.

                  (12)

                  All elements of Annex I of the Regulation (EU) 2018/1999 are to be included in the final integrated national energy and climate plan. In this context, the macroeconomic and, to the extent feasible, the health, environmental, employment and education, skills and social impacts of the planned policies and measures should be assessed. The public and other stakeholders are to be engaged in the preparation of the final integrated national energy and climate plan. These and other elements are described in detail in staff working document published alongside this Recommendation (6).

                  (13)

                  In the final plan the United Kingdom should draw clearer links between the domestic policies and the Energy Union dimensions, as well as taking into account interlinkages between the planned policies and measures in the decarbonisation, energy security, internal market dimensions and research, innovation and competitiveness. Examples are the energy efficiency first principle, the impact of bioenergy use on the accounted emissions and removals from land use, land use change and forestry and how climate change risks affect the energy supply.

                  (14)

                  The final integrated national energy and climate plan would benefit from presenting a comprehensive analysis on where the low-carbon technologies sector is currently positioned in the global market, highlighting areas of competitive strengths and potential challenges and pointing at measurable objectives for the future and policies and measures to achieve them, making appropriate links to enterprise and industrial policy. It could also benefit from consideration of the role of circular economy, referring to national strategies and action plans and raising their benefits and potential trade-offs in terms of greenhouse gas emission reduction.

                  (15)

                  The Commission's recommendations to the United Kingdom are underpinned by the assessment of the United Kingdom's draft integrated national energy and climate plan which is published alongside this Recommendation (7).

            HEREBY RECOMMENDS THE UNITED KINGDOM TAKES ACTION TO:

                  1.

                  Further specify and quantify the impacts of the additional policies and measures, also beyond the building and transport sectors, to achieve the 2030 greenhouse gas target for sectors not covered by the EU emissions trading system of -37 % compared to 2005. This includes the corresponding commitment under Regulation (EU) No 2018/841 of the European Parliament and of the Council (8) that land use, land use change and forestry emissions do not exceed removals and requires applying the underpinning accounting rules.

                  2.

                  Put forward, as United Kingdom's contribution to the EU 2030 target for renewable energy, a renewable energy share of at least 27 % indicated by the formula in Annex II under Regulation (EU) 2018/1999. Include an indicative trajectory in the final integrated national energy and climate plan that reaches all the reference points pursuant to Article 4(a)(2) of Regulation (EU) 2018/1999 in accordance with that share, in view of the need to increase the level of efforts for reaching this target collectively. Put forward detailed and quantified policies and measures that are in line with the obligations laid down in Directive (EU) 2018/2001 of the European Parliament and of the Council (9), to enable a timely and cost-effective achievement of this contribution. Increase the level of ambition in the heating and cooling sector to meet the indicative target included in Article 23 of Directive (EU) 2018/2001, and increase the level of ambition to meet the transport target in Article 25 of Directive (EU) 2018/2001. Provide additional details on the enabling frameworks for renewable self-consumption and renewable energy communities, in line with Articles 21 and 22 of Directive (EU) 2018/2001.

                  3.

                  Set national contributions that would be substantially more ambitious than the projections from the modelling quoted in the draft integrated national energy and climate plan in view of the need to increase the level of efforts to reach the Union's 2030 energy efficiency target. Propose more ambitious policies and measures that would deliver additional energy savings by 2030. Indicate policies and measures for the whole 2021 to 2030 period. Provide an impact assessment for the planed policies and measures in energy efficiency, in particular in terms of expected energy savings they are to deliver.

                  4.

                  Specify the measures supporting the energy security objectives on diversification and reduction of energy dependency, including measures ensuring flexibility and the long-term supply of nuclear fuel, in view of the possible development of its nuclear generation capacity.

                  5.

                  Define forward-looking objectives and targets concerning market integration, in particular outline a strategy and timeline for progressing towards fully market based prices.

                  6.

                  Clarify the national objectives and funding targets in research, innovation and competitiveness, specifically related to the Energy Union, to be achieved between 2023 and 2030, so that they are readily measurable and fit for purpose to support the implementation of targets in the other dimensions of the integrated national energy and climate plan. Underpin such objectives with specific and adequate policies and measures, including those to be developed in cooperation with other Member States, such as the Strategic Energy Technology Plan.

                  7.

                  Build on the framework of the North Seas Energy Cooperation regarding the exchange of good practices for offshore wind support schemes and potential projects, in order to deliver on the Energy Union objectives of greater energy security, sustainability and competitiveness. In light of the United Kingdom's decision to leave the European Union, it should foresee measures to ensure continued regional cooperation with Ireland on emergency preparedness and response for electricity, and security of supply for gas and oil.

                  8.

                  Improve its analysis of investment expenditures and sources across Energy Union dimensions, including appropriate financing at national and regional level, which is currently provided for a list of areas, and complement it by a general overview of investment needs, risks and barriers.

                  9.

                  List all energy subsidies, including in particular for fossil fuels, and actions undertaken as well as plans to phase them out.

                  10.

                  Present the impacts on air pollution for the various scenarios, providing underpinning information, and considering synergies and trade-off effects.

                  11.

                  Detail just and fair transition aspects, notably by designating the assessment of energy poverty, stating related objectives and describing the social, employment and skills impacts of the policies, measures and objectives. Special attention should be given to coal and carbon-intensive regions and how they will be impacted by the energy transition. Include a dedicated assessment of energy poverty issues, along with any related objectives or specific policies or measures, as required by the Regulation (EU) 2018/1999.

         Done at Brussels, 18 June 2019.

               For the Commission

            Miguel ARIAS CAÑETE

               Member of the Commission

         (1)  OJ L 328, 21.12.2018, p. 1.

         (2)  SWD(2019) 279.

         (3)  Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).

         (4)  SWD(2019) 1027 final.

         (5)  COM(2019) 528 final of 5 June 2019.

         (6)  SWD(2019) 279 final.

         (7)  SWD(2019) 279 final.

         (8)  Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).

         (9)  Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).


title: Council Recommendation of 12 February 2019 on the appointment of a member of the Executive Board of the European Central Bank

text:
               15.2.2019

               EN

               Official Journal of the European Union

               C 60/1

      COUNCIL RECOMMENDATION
      of 12 February 2019
      on the appointment of a member of the Executive Board of the European Central Bank
      (2019/C 60/01)
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 283(2) and 139(2) thereof,
      Having regard to Protocol No 4 on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,
      HEREBY RECOMMENDS TO THE EUROPEAN COUNCIL THAT:
      Mr Philip R. LANE be appointed as a member of the Executive Board of the European Central Bank for a term of office of eight years with effect from 1 June 2019.

         Done at Brussels, 12 February 2019.

               For the Council

               The President

            E.O. TEODOROVICI


title: Commission Recommendation (EU) 2019/534 of 26 March 2019 Cybersecurity of 5G networks

text:
               29.3.2019

               EN

               Official Journal of the European Union

               L 88/42

      COMMISSION RECOMMENDATION (EU) 2019/534
      of 26 March 2019
      Cybersecurity of 5G networks
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
      Whereas:

                  (1)

                  The Commission has recognised 5th generation (5G) deployment of network technologies as a major enabler for future digital services and a priority for the Digital Single Market strategy. The Commission adopted the 5G Action Plan to make sure that the Union has the connectivity infrastructure necessary for its digital transformation from 2020 (1).

                  (2)

                  5G networks will build on the current 4th generation (4G) of network technologies, by providing new service capabilities and becoming the central infrastructure and enabler for large parts of the Union economy. Once rolled out, 5G networks will form the backbone for a wide range of services essential for the functioning of the internal market and the maintenance and operation of vital societal and economic functions – such as energy, transport, banking, and health, as well as industrial control systems. The organisation of democratic processes, such elections, will also rely more and more on digital infrastructure and 5G networks.

                  (3)

                  The dependence of many critical services on 5G networks would make the consequences of systemic and widespread disruption particularly serious. As a result, ensuring the cybersecurity of 5G networks is an issue of strategic importance for the Union, at a time when cyber-attacks are on the rise and more sophisticated than ever.

                  (4)

                  The interconnected and transnational nature of the infrastructures underpinning the digital ecosystem, and the cross-border nature of the threats involved, mean that any significant vulnerabilities and/or cybersecurity incidents concerning 5G networks happening in one Member State would affect the Union as a whole. This is why measures should be provided to underpin a high common level of cybersecurity of 5G networks.

                  (5)

                  The need for action at Union level has been confirmed by the Member States. In its conclusions of 21 March 2019, the European Council looked forward to a Commission recommendation on a concerted approach to the security of 5G networks (2).

                  (6)

                  Ensuring European sovereignty should be a major objective, in full respect of Europe's values of openness and tolerance (3). Foreign investment in strategic sectors, acquisition of critical assets, technologies and infrastructure in the Union and supply of critical equipment may also pose risks to the Union's security.

                  (7)

                  The cybersecurity of 5G networks is key for ensuring the strategic autonomy of the Union, as recognised in the Joint Communication ‘EU-China, a Strategic Outlook’ (4).

                  (8)

                  The European Parliament's resolution on security threats connected with the rising Chinese technological presence in the Union also calls on the Commission and Member States to take action at Union level (5).

                  (9)

                  This Recommendation addresses cybersecurity risks in 5G networks by setting out guidance on appropriate risk analysis and management measures at national level, on developing a coordinated European risk assessment and on establishing a process to develop a common toolbox of best risk management measures.

                  (10)

                  There is a strong Union legislative framework in place to protect electronic communications networks.

                  (11)

                  The Union's framework in the field of electronic communications (6) promotes competition, internal market and end-user interests and with the European Electronic Communications Code (7) pursues an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses while safeguarding the interests of the citizens. Directive 2002/21/EC requires Member States to ensure that the integrity and security of public communications networks are maintained, with obligations to ensure that undertakings providing public communications networks or publicly available electronic communications services take technical and organisational measures to appropriately manage the risks posed to security of networks and services. It also provides that competent national regulatory authorities have powers, including the power to issue binding instructions, to ensure compliance with such obligations.

                  (12)

                  In addition, Directive 2002/20/EC of the European Parliament and of the Council (8) allows Member States to attach conditions concerning the security of public networks against unauthorised access to the general authorisation, for the purpose of protecting the confidentiality of communications in accordance with Directive 2002/58/EC of the European Parliament and of the Council (9).

                  (13)

                  To support the implementation of these obligations, the Union has set up a number of cooperation bodies. The Agency for Network and Information Security (ENISA), the Commission, Member States and national regulatory authorities have developed technical guidelines for national regulatory authorities on incident reporting, security measures and threats and assets (10). The Cooperation Group established by Directive (EU) 2016/1148 of the European Parliament and of the Council (11) (‘the Cooperation Group’) brings together competent authorities in order to support and facilitate cooperation, in particular by providing strategic guidance for the activities of the Computer Security Incident Response Teams network, which at technical level facilitates operational cooperation.

                  (14)

                  The future European cybersecurity certification framework (12) should provide an essential supporting tool to promote consistent levels of security. It should allow for the development of cybersecurity certification schemes to respond to the needs of users of 5G-related equipment and software. The critical importance of these infrastructures should make the development of relevant European cybersecurity certification schemes for information and communications technologies' products, services or processes used for 5G networks an immediate priority. Member States and market players should actively engage in the development of such certification schemes, including providing support for the definition of specific protection profiles for 5G networks.

                  (15)

                  In the absence of harmonised Union law, Member States may specify by means of national technical regulations, adopted in compliance with Union law, that a European cybersecurity certification scheme should be mandatory. Member States also have recourse to European cybersecurity certification schemes in the context of public procurement and of Directive 2014/24/EU of the European Parliament and of the Council (13) and could support the development of assistance mechanisms – such as an assistance hub – for the purchase of cybersecurity solutions by public buyers.

                  (16)

                  A high level of data protection and privacy is an important element in ensuring the security of 5G networks. Rules have also been defined at Union level ensuring the security of processing of personal data, including in electronic communications. The General Data Protection Regulation (14) sets the obligation to process personal data in a manner that ensures its security, including for preventing unauthorised access to or use of personal data and the equipment used for the processing. The Directive on privacy and electronic communications lays down specific rules on the protection of confidentiality of communications and of the terminal equipment of end-users. It also imposes obligations on service providers to take appropriate technical and organisational measures to safeguard the security of their services.

                  (17)

                  The Union has also adopted an instrument that will protect critical infrastructure and technologies, such as those used in communications, by allowing Member States to screen foreign direct investments on grounds of security or public order and by creating a cooperation mechanism where Member States and the Commission will be able to exchange information and raise concerns related to specific investments (15).

                  (18)

                  Member States and operators are currently taking important preparatory steps towards enabling the large-scale roll-out of 5G networks. Several Member States have expressed concerns about potential security risks related to 5G networks in the context of carrying out procedures for the grant of rights of use in radio spectrum bands designated for 5G networks (16) — and have been exploring measures to address these risks.

                  (19)

                  Addressing cybersecurity risks in 5G networks should take into account both technical and other factors. Technical factors may include cybersecurity vulnerabilities that may be exploited to gain unauthorised access to information (cyberespionage, be it for economic or political reasons) or for other malicious purposes (cyberattacks aimed at disrupting or destroying systems and data). Important aspects to consider should be the need to protect the networks across their entire lifecycle and the need to cover all relevant equipment, including in the design, development, procurement, deployment, operation and maintenance phases of 5G networks.

                  (20)

                  Other factors may include regulatory or other requirements imposed on information and communications technologies equipment suppliers. An assessment of the significance of such factors would need to take into account, inter alia, the overall risk of influence by a third country, notably in relation to its model of governance, the absence of cooperation agreements on security, or similar arrangements, such as adequacy decisions, as regards data protection between the Union and the third country concerned, or whether this country is a party to multilateral, international or bilateral agreements on cybersecurity, the fight against cybercrime, or data protection.

                  (21)

                  As an important step in developing a Union approach to the cybersecurity of 5G networks, a risk assessment should be conducted and completed at national level. This would help Member States to adapt national measures on security requirements and risk management in the light of this assessment.

                  (22)

                  Coordination should be developed to ensure the effectiveness of measures aimed at addressing these cybersecurity threats, measures which are essential for the smooth functioning of the internal market and for the protection of personal data and privacy.

                  (23)

                  The national risk assessments should form the basis for a coordinated Union risk assessment, made up of a threat landscape mapping and a joint review to be conducted by the Member States, with support from the Commission and together with the European Agency for the Cybersecurity (ENISA).

                  (24)

                  Taking into account national and Union risk assessments, the Cooperation Group should establish a toolbox identifying types of cybersecurity risk and of possible measures to mitigate the risks in areas including certification, testing and access controls. It should also identify possible specific measures appropriate to address risks identified by one or more Member States. The Cooperation Group should draw on the support of the European Agency for Cybersecurity (ENISA), Europol, the Body of European Regulators for Electronic Communications (BEREC) and the EU Intelligence and Situation Centre. This toolbox should serve to advise the Commission on developing minimum common requirements to further ensure a high level of cybersecurity of 5G networks across the Union.

                  (25)

                  When measures are taken to address cybersecurity risks consideration should be given to the promotion of cybersecurity through diversity of suppliers when building any single network.

                  (26)

                  This Recommendation should be without prejudice to the competences of the Member States regarding activities concerning public security, defence, national security and the activities of the State in areas of criminal law, including the right of the Member States to exclude providers or suppliers from their markets for national security reasons.

            HAS ADOPTED THIS RECOMMENDATION:
      I.   OBJECTIVES

                  (1)

                  In order to support the development of a Union approach to ensuring the cybersecurity of 5G networks, this recommendation identifies the actions which should be taken to enable:

                              (a)

                              Member States to assess the cybersecurity risks affecting 5G networks at national level and take necessary security measures.

                              (b)

                              Member States and relevant Union institutions, agencies and other bodies to develop jointly a coordinated Union risk assessment that builds on the national risk assessment.

                              (c)

                              The Cooperation Group set up under Directive (EU) 2016/1148 (Cooperation Group) to identify a possible common set of measures to be taken to mitigate cybersecurity risks related to infrastructures underpinning the digital ecosystem, in particular 5G networks.

            II.   DEFINITIONS

                  (2)

                  For the purposes of this Recommendation:

                              (a)

                              ‘5G networks’ means a set of all relevant network infrastructure elements for mobile and wireless communications technology used for connectivity and value-added services with advanced performance characteristics such as very high data rates and capacity, low latency communications, ultra-high reliability, or supporting a high number of connected devices. These may include legacy network elements based on previous generations of mobile and wireless communications technology such 4G or 3G. 5G networks should be understood to include all relevant parts of the network.

                              (b)

                              ‘infrastructures underpinning the digital ecosystem’ means infrastructures used to enable digitisation across a wide range of critical applications in economy and society.

            III.   ACTION AT NATIONAL LEVEL

                  (3)

                  By 30 June 2019, Member States should carry out a risk assessment of the 5G network infrastructure, including identifying the most sensitive elements where security breaches would have a significant negative impact. By the same date, Member States should also review the security requirements and the risk management methods applicable at national level, to take into account cybersecurity threats that may arise from (i) technical factors, such as the specific technical characteristics of 5G networks, and (ii) other factors such as the legal and policy framework to which suppliers of information and communications technologies equipment may be subject in third countries.

                  (4)

                  On the basis of this national risk assessment and review and taking into account ongoing coordinated action at Union level, Member States should:

                              (a)

                              update the security requirements and the risk management methods applied in regard to 5G networks;

                              (b)

                              update the relevant obligations imposed on undertakings providing public communications networks or publicly available electronic communications services pursuant to Articles 13a and 13b of Directive 2002/21/EC;

                              (c)

                              attach conditions to the general authorisation concerning the security of public networks against unauthorised access and ask for commitments from the undertakings participating in any upcoming procedures for granting rights of use for radio frequencies in 5G bands as regards compliance with security requirements for networks pursuant to Directive 2002/20/EC;

                              (d)

                              apply other preventive measures aimed at mitigating potential cybersecurity risks.

                  (5)

                  Measures referred to under point 4 should include reinforced obligations on suppliers and operators to ensure the security of sensitive parts of the networks as well as,, obligations, where appropriate, such as the provision of relevant information to competent national authorities concerning planned changes in electronic communications networks and requirements to have specific information technology components and systems tested in advance for security and integrity purposes by national auditing/certification laboratories.

                  (6)

                  Joint security reviews should be conducted by two or more Member States, using and sharing the appropriate technical expertise and facilities relating to infrastructures underpinning the digital ecosystem and 5G networks, for example when the same undertaking is operating or building network infrastructure in more than one Member State or where there are major similarities in network configurations. The European Agency for Cybersecurity (ENISA), Europol and the Body of European Regulators for Electronic Communications (BEREC) should give priority to requests for support from Member States in this area. The results of these reviews should be transmitted to the Cooperation Group and the Computer Security Incident Response Team Network.

            IV.   COORDINATED ACTION AT UNION LEVEL

                  (7)

                  In order to develop a common approach to address the cybersecurity risks in regard to 5G networks Member States should start operating within a dedicated work stream in the Cooperation Group by 30 April 2019. Member States should invite relevant authorities to participate, when appropriate, to the work of the Cooperation Group.

         A coordinated European risk assessment

                  (8)

                  Member States should exchange information with each other and with relevant Union bodies for the purpose of building a common awareness of the existing and potential cybersecurity risks associated with 5G networks.

                  (9)

                  Member States should transmit their national risk assessments to the Commission and to the European Agency for Cybersecurity (ENISA) by 15 July 2019.

                  (10)

                  The European Agency for Cybersecurity (ENISA) should complete a specific 5G networks threat landscape mapping. The Cooperation Group and the Computer Security Incident Response Teams network set up under Directive (EU) 2016/1148 should support this process.

                  (11)

                  Taking into account all these elements and by 1 October 2019, Member States with the support of the Commission and together with the European Agency for Cybersecurity (ENISA) should complete a joint review of the Union-wide exposure to risks related to infrastructures underpinning the digital ecosystem, in particular 5G networks.

                  (12)

                  This joint review should prioritise an analysis of the risks applicable to the particularly sensitive or vulnerable elements included in the core elements of the 5G networks, to the operations and maintenance centre, as well as to the 5G access network elements used for industrial applications.

                  (13)

                  In a second phase, this joint review should be extended to other strategic elements of the digital value chain.

         A common Union toolbox to address the risks

                  (14)

                  The work of the Cooperation Group should identify best practices measures applied at national level of the type foreseen in point 4. On the basis of these national best practices, a toolbox of appropriate, effective and proportionate possible risk management measures to mitigate the identified cybersecurity risks at national and Union level should be agreed by 31 December 2019, for advising the Commission on developing minimum common requirements to further ensure a high level of cybersecurity of 5G networks across the Union.

                  (15)

                  This toolbox should include:

                              (a)

                              an inventory of the types of security risks that can affect the cybersecurity of 5G networks (e.g. supply chain risk, software vulnerability risk, access control risk, risks arising from the legal and policy framework to which suppliers of information and communications technologies equipment may be subject in third countries); and

                              (b)

                              a set of possible mitigating measures (e.g. third-party certification for hardware, software or services, formal hardware and software tests or conformity checks, processes to ensure access controls exist and are enforced, identifying products, services or suppliers that are considered potentially not secure, etc.). These measures should address every type of security risk identified in one or more Member States following the risk assessment.

                  (16)

                  Once European cybersecurity certification schemes relevant for 5G networks are developed, Member States should adopt, in compliance with Union law, national technical regulations providing for mandatory certification of information and communications technologies products, services or systems covered by these schemes.

                  (17)

                  Member States, together with the Commission, should identify the conditions concerning the security of public networks against unauthorised access to be attached to the general authorisation and security requirements for networks for the purposes of asking commitments from the undertakings participating in procedures for granting rights of use of spectrum in 5G bands pursuant to Directive 2002/20/EC. These should be reflected, where possible, in measures taken in point 4(c).

                  (18)

                  Member States should cooperate with the Commission to develop specific security requirements that could apply in the context of public procurement related to 5G networks. This should include mandatory requirements to implement cybersecurity certification schemes in public procurement insofar as such schemes are not yet binding for all suppliers and operators.

            V.   REVIEW

                  (19)

                  Member States should cooperate with the Commission to assess the effects of this Recommendation by 1 October 2020, with a view to determine appropriate ways forward. This assessment should take into account the outcome of the coordinated Union risk assessment and the Union toolbox.

         Done at Strasbourg, 26 March 2019.

               For the Commission

            Julian KING

               Member of the Commission

         (1)  COM(2016)588 final.

         (2)  European Council conclusions of 21 and 22 March 2019.

         (3)  State of the Union 2018 – The Hour of European Sovereignty, 12 September 2018.

         (4)  JOIN (2019) 5 final.

         (5)  www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+TA+P8-TA-2019-0156+0+DOC+PDF+V0//EN.

         (6)  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 (Framework Directive) (OJ L 108, 24.4.2002, p. 33) and the Specific Directives.

         (7)  Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).

         (8)  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) (OJ L 108, 24.4.2002, p. 21).

         (9)  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) (OJ L 201, 31.7.2002, p. 37).

         (10)  https://resilience.enisa.europa.eu/article-13.

         (11)  Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

         (12)  Proposal for a Regulation of the European Parliament and Council on ENISA, the ‘EU Cybersecurity Agency’, and repealing Regulation (EU) No 526/2013, and on Information and Communication Technology cybersecurity certification ‘Cybersecurity Act’ (COM(2017) 477 final — 2017/0225 (COD).

         (13)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

         (14)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

         (15)  Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I, 21.3.2019, p. 1).

         (16)  The auction procedure in at least one spectrum band is scheduled for 2019 in 11 Member States: Austria, Belgium, Czechia, France, Germany, Greece, Hungary, Ireland, Netherlands, Lithuania, Portugal. Six more auctions are scheduled for 2020: Spain, Malta, Lithuania (different frequencies), Slovakia, Poland, UK. Source: http://5gobservatory.eu/observatory-overview/observatory-reports/