[cooperation-wg] NIS2 update: EU ministers agreed on the general approach

Dear Marco,

Excellent work by you and others. Yes, I have also done some work here, but I am behind you in the pushing. This was good news, and we can just hope this will be the ultimate outcome, as we know and see some voices in Brussels still wanting the outcome be different than what you here present.

Just so people understand...Netnod being a root server operator is in Sweden already under legislation that is close to, or maybe even identical to, what NIS-2 proposal is proposing. I understand after discussing with RIPE-NCC that the situation is similar in NL. Because of this, the NIS-2 will if root servers are included not have any real impact on how RIPE-NCC or Netnod is managed. Instead, NIS-2 will with root-server inclusion only impact root server operators not being under legislation in one of the EU member states. I.e. other root server operators than RIPE-NCC or Netnod.

If then special interests exists for RIPE-NCC or Netnod for the root server operation we provide, let's talk, but keep extraterritorial implications out of legislation within EU.

Best,

Patrik Fältström
Technical Director and Head of Security
Netnod

On 3 Dec 2021, at 16:52, Marco Hogewoning wrote:

> Dear colleagues,
>
> We just received a message that the EU Ministers of the Transport, Telecommunications, and Energy Council, in their meeting today, have agreed to the general approach on the NIS 2 proposal. This now paves the way for the negotiations, the so called trilogue, to start early next year and develop a final compromise proposal.
>
> While the official text has not been published yet, we have seen a copy of the working document that shows that the Council position has also removed the DNS root servers from the scope of the directive, together with a short inclusion in the text that emphasises the role of multistakeholder Internet governance. We expect that this text has not been changed prior to today's meeting and is part of the general approach that was just endorsed.
>
> This means that as the negotiations start, both the EU member states and the European Parliament will come to the table with a position that the DNS root servers should be removed from the scope of the NIS 2 proposal. This leaves us with some confidence that the final outcome will reflect those positions and exclude the DNS root servers.
>
> Further to the concerns of the community, the Council text also has significant changes to the scope of the DNS services in general, which I think will limit the impact of the proposal, especially on smaller operators or entities who run a DNS server only for their own purpose.
>
> The Council issued a press release: https://www.consilium.europa.eu/en/press/press-releases/2021/12/03/strengthening-eu-wide-cybersecurity-and-resilience-council-agrees-its-position/
>
> I would like to thank all my colleagues and community members who have helped to convey the message that governance of the DNS root servers should be left to the multistakeholder community and the risks that the Commission's proposal brings to maintaining a single global and un-fragmented Internet.
>
> I would also like to thank all the delegates of the various member states for taking the time to listen to us and to take on board our comments and concerns, leading to the compromise that was agreed today.
>
> We will keep you informed about further progress on this dossier.
>
> Regards,
>
> Marco Hogewoning
> Manager Public Policy and Internet Governance, RIPE NCC
> -- 
>
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