Council of the

European Union
Brussels, 6 December 2024
(OR. en)

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TELECOM 375
CYBER 368
COMPET 1198
MI 1015

OUTCOME OF PROCEEDINGS
From: General Secretariat of the Council
To: Delegations
No. prev. doc.: 15861/24
Subject: Conclusions on the White Paper "How to master Europe's digital
infrastructure needs?"
- Council Conclusions (6 December 2024)

Delegations will find in the annex the Council conclusions on the White Paper “How to master Europe’s
digital infrastructure needs?”, as approved by the Transport, Telecommunications and Energy Council
at its meeting held on 6 December 2024.

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 ANNEX

COUNCIL CONCLUSIONS
on the White Paper “How to master Europe’s digital infrastructure needs?”

THE COUNCIL OF THE EUROPEAN UNION,

RECALLING

- The Directive (EC) 2002/58 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),
- The Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25
November 2015 on laying down measures concerning open internet access and amending
Directive 2002/22/EC on universal service and users’ rights relating to electronic
communications networks and services and Regulation (EU) No 612/2022 on roaming on
public mobile communications networks within the Union,
- The 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),
- The Commission Notice of 19 July 2016 on the notion of State aid as referred to in Article
107(1) of the Treaty on the Functioning of the European Union,
- The Directive (EU) 2018/1972 of the European Parliament and of the Council of 11
December 2018 on establishing the European Electronic Communications Code,
- The Joint Communication of 16 December 2020: The EU’s Cybersecurity Strategy for the
Digital Decade,
- The Commission Recommendation of 18 December 2020 on relevant product and service
markets within the electronic communications sector susceptible to ex ante regulation in
accordance with Directive (EU) 2018/1972 of the European Parliament and of the Council
of 11 December 2018 establishing the European Electronic Communications Code,

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 - The Declaration of 19 March 2021 on “European Data Gateways as a key element of the
EU’s Digital Decade”,
- The Joint Communication of 1 December 2021 to the European Parliament, the Council, the
European Economic and Social Committee, the Committee of the Regions and the European
Investment Bank - The Global Gateway,
- The Communication from the Commission on the criteria for the analysis of the
compatibility with the internal market of State aid to promote the execution of important
projects of common European interest (IPCEIs) of 30 December 2021,
- The European Declaration on Digital Rights and Principles for the Digital Decade of 26
January 2022,
- The Nevers Call of 9 March 2022 to Reinforce the EU's Cybersecurity Capabilities,
- The Declaration of June 2022 ‘Toulouse Call for a Green and Digital Transition in the EU’,
- The Council Recommendation of 8 December 2022 on a Union-wide coordinated approach
to strengthen the resilience of critical infrastructure,
- The Directive (EU) 2022/2555 of the European Parliament and of the Council of 14
December 2022 on measures for a high common level of cybersecurity across the Union,
amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing
Directive (EU) 2016/1148 (NIS 2 Directive),
- The Directive (EU) 2022/2557 of the European Parliament and of the Council of 14
December 2022 on the resilience of critical entities and repealing Council Directive
2008/114/EC,
- The Decision of the European Parliament and of the Council of 14 December 2022
establishing the Digital Decade Policy Programme,
- The Communication from the Commission of 31 January 2023 - Guidelines on State aid for
broadband networks,
- The Joint Communication of 20 June 2023 to the European Parliament, the European
Council and the Council on “European Economic Security Strategy”,
- The Communication from the Commission establishing Union-level projected trajectories
for the digital targets of 29 September 2023,

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 - The Commission Recommendation of 3 October 2023 on critical technology areas for the
EU’s economic security for further risk assessment with Member States,
- The Council conclusions on the Revised EU Maritime Security Strategy (EUMSS) and its
Action Plan of 24 October 2023,
- The Commission White Paper on “How to master Europe’s digital infrastructure needs?” of
21 February 2024,
- The Commission recommendation of 26 February 2024 on Secure and Resilient Submarine
Cable Infrastructures,
- The Commission Recommendation of 11 April 2024 on a Coordinated Implementation
Roadmap for the transition to Post-Quantum Cryptography,
- The Regulation (EU) 2024/1309 of the European Parliament and of the Council of 29 April
2024 on measures to reduce the cost of deploying gigabit electronic communications
networks, amending Regulation (EU) 2015/2120 and repealing Directive 2014/61/EU
(Gigabit Infrastructure Act),
- The Council Conclusions of 21 May 2024 on the Future of EU Digital Policy,
- The Council conclusions of 24 May 2024 on a competitive European industry driving our
green, digital and resilient future,

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 1. RECOGNISES the positive effects of the digital convergence offering a wide variety of new
services to end-users, companies and public institutions alike and ACKNOWLEDGES that
there are important new dynamics affecting digital infrastructures.

2. RECOGNISES the extensive changes that have been shaping the landscape of the electronic
communications sector and that are of critical relevance for the Union’s economic security,
global competitiveness and national security. These transformations have been driven by
notable technological advancements, such as cloud and edge computing, the virtualisation of
network functions, and the demand for data processing services; ACKNOWLEDGES that
significant investments, in particular by the private sector, are needed for such
transformations to deliver the Digital Decade targets in the area of digital infrastructures,
taking into account the differences among Member States.

3. WELCOMES the Commission’s goals to foster innovation, security and resilience of digital
infrastructures to unleash further benefits of the Single Market’s potential within the digital
sector; WELCOMES the Commission’s efforts to contribute to the development of a digital
ecosystem that provides greater opportunities for companies to establish and roll out digital
infrastructures, including edge cloud, and provide related services.

4. HIGHLIGHTS that high-quality, cutting edge, secure, resilient and sustainable digital
infrastructures are crucial for the competitiveness of the EU’s economy, and a forward-
looking policy approach that facilitates the planning and rollout of such infrastructures,
including next generation mobile technologies, is essential to enhance the Union’s
capabilities to address the challenges set by global competition.

5. ACKNOWLEDGES that the digital transition has a cross-sectoral nature, and it has an
impact not only on the electronic communications sector, but on other sectors, such as
transport, energy, agriculture and healthcare, and is crucial for society as a whole.

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 6. EMPHASISES that safeguarding the interest of consumers and business customers
throughout the EU should be at the forefront of any proposals and initiatives impacting end-
users’ rights, obligations and benefits alongside objectives to enable the digitalisation of the
EU’s businesses.

7. WELCOMES the Commission’s consideration in the White Paper to review the relevant
financial instruments to achieve digital infrastructures that meet customer demands in all
different geographies and make it possible to improve coordination between the various
funding programmes and blend the funds for investment needs, where appropriate and in line
with state aid rules.

8. UNDERLINES the importance to further analyse the challenges arising from emerging
technological changes, some of which are outlined in the White Paper. Therefore, CALLS
UPON the Commission to continue to explore the latest developments, consider future-proof
solutions, and base any possible initiatives on evidence while keeping in mind the need for
reducing the administrative burden on companies, in particular SMEs, and maintaining
effective competition to promote consumers’ welfare and incentivise investments. This
requires a policy environment favourable to innovation without pre-empting certain market
outcomes.

9. REINFORCES the need for consistency with the objectives of existing regulatory measures
and EMPHASISES the importance of regulatory predictability by means of effective
implementation in order to further enhance the EU’s competitiveness and reach the Digital
Decade targets.

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 10. STRESSES that the regulation of the electronic communications sector should
proportionately address both supply and demand, including the affordability, freedom of
choice, security, and quality of the services to consumers and businesses through, inter alia,
competition. CALLS UPON the Commission to further investigate means to stimulate
demand for cutting-edge digital networks and services, and to enable innovative and
sustainable business models for the benefit of EU consumers as well as businesses, including
for mobile operators, with a view to improving cross-border connectivity.

11. HIGHLIGHTS that the principles of subsidiarity, proportionality and technological neutrality
should be reflected in all initiatives in the domain of electronic communications.
RECOGNISES the importance of a clear and structured governance model building upon the
existing governance structures, relevant national experiences and the dynamic evolution of
the digital ecosystem.

12. ACKNOWLEDGES that significant investments are needed to meet the targets set under the
Digital Decade Policy Programme 2030. CALLS ON the Commission to consider also other
critical obstacles hindering infrastructure development, such as administrative burdens, lack
of demand, scarcity of construction capacities or risk of low uptake of networks, especially in
rural areas.

13. CALLS for a clearer definition and consistent use of the concepts of cloudification and
virtualisation by advocating for a thorough exploration and analysis of the various layers that
constitute the related infrastructure. This call underscores the importance of defining these
fundamental concepts to enhance understanding in relation to their infrastructure layers.

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 14. NOTES the evaluation of the current status of the electronic communications market,
outlined in the White Paper as well as in the Letta and Draghi reports. INVITES the
Commission to conduct a detailed analysis of any proposals with regard to the electronic
communications market in light of promoting investments, and the EU overarching
principles of competitiveness, competition and consumers’ welfare. RECALLS that any
future legislative proposal requires a solid impact assessment.

15. NOTES the considerations in the White Paper on the promotion of a level playing field, but
CONSIDERS that it requires further analysis whether and to what extent players of a
converged ecosystem could fall under the same rules applicable. STRESSES the importance
of net neutrality and of a functioning internet ecosystem, and that contractual freedom should
be upheld as one of the primary principles, while keeping regulatory intervention at
minimum level.

16. TAKES INTO ACCOUNT national security aspects of critical infrastructures of electronic
communications systems. NOTES that questions related to the privacy of electronic
communications should be reassessed to reflect technological developments and with a view
to effectively ensuring the confidentiality of electronic communications. CONSIDERS that
the implementation of a consistent privacy framework is crucial to ensure a fair, competitive
and dynamic digital ecosystem.

17. HIGHLIGHTS that the current European electronic communications landscape is the result
of historical and geographical circumstances, which should be factored in when undertaking
actions to effectively increase competitiveness.

18. UNDERLINES the need to further digitalise the industry in order to incentivise the take-up
of advanced technologies. STRESSES that the availability of high quality, affordable,
reliable, sustainable, accessible, open, secure and trusted connectivity is of paramount
importance to all citizens in the EU and that EU businesses and citizens should equally
benefit from digitalisation.

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 19. STRESSES that electronic communications services that qualify as universal service should
secure that all citizens in the EU have access to adequate quality, reliable and affordable
connectivity that is necessary for social and economic participation in society.

Capacity building, innovation and technology capabilities

20. RECALLS the need for Europe to build on its solid research and innovation base in the
digital value chain. Given the trend towards ever more critical applications, infrastructure
security and resilience by design should be required. HIGHLIGHTS that knowledge transfer
from research and innovation towards industrial applications needs to be strengthened and
supported.

21. SHARES THE VIEW that the transformation of the EU’s connectivity industry requires
significant investment capacities. Therefore, and without pre-empting the negotiations of the
next Multiannual Financial Framework (MFF), EU funding instruments and programmes
should take into consideration the technological progress and the widespread use of AI
applications. RECOGNISES the increasing importance of Horizon Europe, InvestEU, the
Digital Europe Programme (DEP), and the Connecting Europe Facility (CEF) as well as of
the R&I activities of the Smart Network and Services Joint Undertaking.

22. RECALLS that IPCEIs, especially the Next Generation Cloud Infrastructure and Services
(IPCEI CIS) and the second IPCEI Microelectronics and Communication Technologies
(IPCEI ME/CT), have the potential to unlock additional private investments, and
RECOGNISES that Cable Projects of European Interest (CPEI) could induce similar effects.

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 23. EMPHASISES that when establishing large-scale pilots, the participation of smaller
European players in consortia should be incentivised. UNDERLINES the need for cross-
sectoral programmes to boost the adoption of new technologies by recognising the
opportunities that connectivity technologies offer to other sectors. RECOGNISES the
relevance of SMEs in the development of the EU ecosystem and the importance of creating
an environment where they can develop and grow. CONSIDERS the acceleration of the take-
up of new technologies as significant to achieve the 2030 Digital Decade targets.

Completing the Digital Single Market

24. STRESSES the significance of legal certainty and implementing the adopted legislative acts,
including but not limited to the European Electronic Communications Code and the Gigabit
Infrastructure Act. UNDERSCORES that any future regulatory measures to foster the
development of the Digital Single Market, should also aim to promote connectivity and
innovation, foster competition, and should contribute to consumer welfare, while ensuring a
high level of cyber resilience and cybersecurity.

25. RECOGNISES that connectivity and computing are converging, and players from different
segments of the value chain would work best together on a level-playing field. However, this
does not necessarily imply that the same regulations should apply to them, since this depends
on their activities across the value chain. CALLS on the Commission to assess if effective
competition is stifled and to propose possible solutions where necessary and appropriate,
including to reduce administrative burden.

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 26. NOTES that copper switch-off could be gradually realised to support the very high-capacity
networks rollout and the achievement of the Digital Decade targets, but STRESSES that
Member States’ specificities, competition and consumer welfare should be taken into
account. In particular, in the context of the migration from copper to fibre, competition and
the rights of end-users should be safeguarded.

27. ACKNOWLEDGES that the digital sector currently consumes significant amounts of energy
and produces e-waste. NOTES that fibre networks can contribute to achieving some of the
EU environmental targets through securing better energy efficiency of networks and
contribute to the environmental sustainability of other sectors. STRESSES, however, that
fibre rollout should not remain the only tool for decarbonising the digital sector in order to
align with the EU’s climate targets. CALLS for easily implementable solutions in that regard,
including more efficient techniques in the use of digital networks. Furthermore, NOTES that
widening the scope of the EU taxonomy for green investment in electronic communications
networks can create incentives to attract investments necessary to roll out more
environmentally sustainable networks (such as fibre, 5G and in the future 6G).

28. EMPHASISES that the possibility of ex-ante control on certain access markets needs to be
maintained. CALLS UPON the Commission to further elaborate on the potential impact in
terms of competition and consumer welfare of relying solely on ex-post control for electronic
communications in certain circumstances. Intervention based on ex-ante regulation should
remain grounded in finding a lack of effective competition by the NRA, without any
prejudice to the number of competing networks in a given market. CALLS UPON the
Commission to take Member States’ specificities into account.

29. NOTES the proper functioning of the Internet Protocol (IP) interconnection market in the EU
and ACKNOWLEDGES the experience of national regulatory authorities in handling dispute
resolution matters. In case of future deficiencies of this market, STRESSES the importance
of a comprehensive, thorough analysis and impact assessment as foundation for any
mitigating initiatives, including a dispute resolution mechanism. Any potential measures
should be in line with the open internet principles.

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 30. EMPHASISES that effective competition in itself contributes to service quality, choice,
innovation and benefits for consumers. In electronic communications, the spectrum awards
influence the market structure and the competition dynamics. Simultaneous selection
procedures could in certain circumstances have the adverse effect of limiting competition and
penalising smaller operators competing in national or sub-national markets. RECOGNISES
that in the case of services that are potentially cross-border and transnational, such as satellite
services, enhanced coordination of procedures and conditions could be examined in light of
existing regulation and taking into account national circumstances.

31. NOTES that effective spectrum management should address emerging demand and
challenges arising from modern wireless network developments as well as from social and
economic issues. NOTES that regulatory decisions need to take into account societal needs,
technological development, demand and environmental aspects. RECOGNISES that the
current peer review mechanism has proven to be valuable and that proposals that seek to
improve its efficiency and consistency should not create delays for spectrum awards and 5G
rollout, and undue administrative burdens.

32. NOTES that technology-neutral spectrum harmonisation in the EU facilitates developments

at national and Union level and favourable investment conditions. RECOGNISES that the
current cooperation between the Member States and the Commission, and within the
European Conference of Postal and Telecommunications Administrations (CEPT) works
well. SUPPORTS the maintenance and further development of the existing transparent
governance system in order to streamline EU policies. EMPHASISES, that decisions in the
context of radio spectrum policy, in particular regarding licensing solutions, should be based
on the expertise of relevant bodies such as the Radio Spectrum Policy Group (RSPG) and the
Body of European Regulators for Electronic Communications (BEREC).

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 33. RECOGNISES that spectrum management remains a key public policy tool for Member
States and EMPHASISES the sustained significance of Member States' national
competencies in that regard. NOTES the number of instances of cross-border interference
from third countries, which necessitates increased focus and more robust mitigation efforts.
Such efforts should include support to the Member State upon request, whenever spectrum
coordination with third countries falls beyond purely technical matters. Furthermore,
ACKNOWLEDGES the increasing number of Global Navigation Satellite Services
interferences, which, among others, may lead to significant safety risks, and STRESSES the
need to act jointly in the relevant international fora.

34. WELCOMES the general commitment to the greening of digital networks and CALLS
UPON all digital ecosystem players to aim for minimising their environmental footprint.
ACKNOWLEDGES the importance of coupling the green and digital transition and CALLS
UPON the Commission to consider proposing a target on green digitalisation in the context
of the review of the Digital Decade Policy Programme, based on an agreed monitoring
methodology. HIGHLIGHTS the necessity of establishing common tools for the
measurement of the environmental impact of electronic communications networks and
services, in order to efficiently assess developments.

35. WELCOMES the objective to simplify applicable rules related to the provision of electronic
communications networks and services throughout the Union in order to facilitate cross-
border operation; NOTES that the introduction of the ‘country of origin’ principle to rules
related to authorisation for core networks and core network service providers needs further,
detailed analysis, including the establishment of relevant definitions and an assessment of
market trends, and should not interfere with the competences and abilities of Member States
with regard to law enforcement, and their sole responsibility with regard to national security.
HIGHLIGHTS the risk of encouraging practices such as ‘forum shopping’, which may pose
challenges to national regulatory authorities, lead to jurisdictional conflicts and jeopardise
end-user protection.

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 36. UNDERLINES that the White Paper mentions the emergence of pan-European operators
without considering its impact on the competition of the markets of individual Member
States and operators that are unable to operate on a pan-European scale. STRESSES that
operators of all sizes should have business opportunities in the single market and be able to
benefit from and contribute to effective competition. ENCOURAGES the Commission to
further investigate to what extent opportunities for cross-border operation and service
provision can effectively address the investment challenges identified in the White Paper at
European level, but also how other instruments (such as ex-post control or industrial policy
measures) could stimulate investments in the EU digital/electronic communications sector
and what would be the impact on consumer welfare.

37. UNDERLINES that consolidation should be assessed by the relevant authorities taking into
consideration its potential impact to maintain and develop effective competition in the
relevant market. Authorised market driven consolidation could, provided there is effective
competition in the relevant market, create economies of scale in electronic communications
networks in the EU and thus open up further opportunities for market players. CONSIDERS
that, in the context of the wider ecosystem, the question of optimal scale is set by market
forces and subject to applicable market rules.

Secure and resilient digital infrastructures for Europe

38. ACKNOWLEDGES that, in light of the growing importance of digital technologies, the
current legal framework entails important cybersecurity elements, such as security and
resilience by design, to address cybersecurity vulnerabilities in digital products, services, and
processes. AGREES that, since many cybersecurity-related issues are cross-border, the
security and resilience of the EU’s digital networks are essential elements of Europe’s digital
sovereignty in an open manner and Member States’ national security and UNDERLINES the
importance of close cooperation among Member States on cross-border cybersecurity-related
issues.

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 39. UNDERLINES that post-quantum cryptography is essential for protecting our digital
information from the future threat posed by quantum computers; emphasis should be placed
on a coordinated effort at the European and international level, involving government
agencies, standardisation bodies, industry stakeholders, researchers and cybersecurity
professionals, for the development of standards and their consistent use across the Union in
order to guarantee security. ACKNOWLEDGES the importance of the work performed
within the NIS Cooperation Group towards the definition of a Coordinated Implementation
Roadmap for the transition to Post-Quantum Cryptography (PQC). In addition, a longer-term
strategy is needed to create a future secure, resilient and robust infrastructure that leverages
quantum technology.

40. RECOGNISES the importance of ensuring security and resilience of submarine cable
infrastructures. Whilst recalling that national security falls within the competence of Member
States, INVITES the Commission to consider further measures to promote the security,
resilience and integrity of submarine cable infrastructures, based on the work of the Critical
Entities Resilience (CER) Group and NIS Cooperation Group, and the Submarine Cable
Infrastructure informal Expert Group. EMPHASISES the need for a strategic approach and
an effective EU-fund allocation, and INVITES Member States to support critical submarine
cable infrastructure initiatives in their efforts to secure funding.

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