Reform of the regulation on critical infrastructure
The aim of the legislative project is to enhance national security and the resilience of society. In the project, the Directive of the European Parliament and of the Council on the resilience of critical entities, which entered into force in January 2023, will be transposed into national law.
In connection with the national implementation of the Directive, the aim is to review and develop both critical infrastructure and the regulation that applies to it more broadly based on national needs.
Russia’s war of aggression in Ukraine and the dramatic changes in the security environment have further increased the need to protect critical infrastructure and strengthen its resilience.
Background to the preparation
The Commission published the EU Security Union Strategy in 2020. It outlines comprehensive measures to promote the resilience of critical entities in the physical and digital environment. The EU Member States should use harmonised procedures to define and identify the entities critical to the functioning of societies and improve their crisis resilience. That will also improve the preparedness of the EU and its Member States for wide-ranging influence activities, such as hybrid threats.
The Critical Entities Resilience Directive introduces new requirements for Finland, including new official duties related to the identification and supervision of critical entities. Finland has not defined its national critical infrastructure, critical sectors or entities at the legislative level.
The scope of the Directive covers eleven sectors: energy, transport, banking, financial market infrastructure, health, food, drinking water, waste water, digital infrastructure, public administration, and space. In the implementation of the Directive, sectors and industries may be included in national regulation if this is deemed necessary.
n spring 2022, the Government submitted to Parliament a report on changes in the security environment. The report requires that the Government set up a legislative project to prepare a proposal for legislation on strengthening the resilience of critical infrastructure.
Since the publication of the Government report, the ministries have reviewed the existing national legislation and areas of development in official duties. The reviews identified the need to organise official duties and supervision in a centralised manner under the Government. These reviews will form the basis for the work on the legislative project.
The project was set up on 7 December 2022 and it will run until 31 December 2024.
A steering group has been appointed to direct the project and draw up guidelines. The group consists of the State Secretary of the Prime Minister’s Office and the Permanent Secretaries of the Ministry of the Interior, the Ministry of Defence, the Ministry of Economic Affairs and Employment, the Ministry of Transport and Communications, the Ministry of Agriculture and Forestry and the Ministry of Justice. The Permanent Secretary of the Ministry of the Interior chairs the steering group while the State Secretary of the Prime Minister’s Office acts as vice chair.
The project will cover several existing agency functions and a separate expert group will be appointed to evaluate the current situation. The group’s expertise will also be widely utilised in the preparation of new legislation and the planning of support and supervision models on crisis resilience.
Permanent experts will be appointed from the National Emergency Supply Agency, Finnish Transport and Communications Agency Traficom, Energy Authority and National Land Survey of Finland.