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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