China has formally submitted its comments to the European Commission regarding the draft amendments to the EU's Cybersecurity Act, expressing serious concerns and outlining its official stance. On January 20, a spokesperson for China's Ministry of Commerce stated that the draft amendments, under the guise of cybersecurity and supply chain security, introduce highly subjective and arbitrary "non-technical risk" factors. Specifically, the draft designates lists of "countries of cybersecurity concern" and "high-risk suppliers," and comprehensively excludes entities from these designated countries and suppliers across 18 sectors—including energy, transport, and ICT—from relevant EU supply chains. This approach represents a typical case of politicizing economic and trade issues and overstretching the concept of security.
In its submitted comments, the Ministry of Commerce pointed out multiple issues with the draft amendments. First, the proposal is suspected of violating fundamental World Trade Organization principles such as most-favored-nation treatment and national treatment. It contravenes several WTO agreements, including the General Agreement on Tariffs and Trade 1994, the General Agreement on Trade in Services, the Agreement on Subsidies and Countervailing Measures, and the Agreement on Technical Barriers to Trade, while also breaching the EU's commitments on trade in services. Second, the draft appears to exceed the legal authority of the EU and encroach upon member states' exclusive jurisdiction over national security affairs. Third, the measures would cause substantial harm to China-EU economic and trade relations, severely disrupt global industrial and supply chains, and inevitably hinder the EU's own digital and green transformation processes.
China has recommended that the EU remove the provisions related to "countries of cybersecurity concern" and "non-technical risks" from the draft, as well as delete or substantially revise the criteria for identifying "high-risk suppliers" and the associated restrictive measures. The Ministry of Commerce spokesperson stated that China will closely monitor the progress of the draft amendments and is willing to engage in dialogue with the EU on the matter. Should the EU proceed with enacting the law and discriminate against Chinese companies, China would have no choice but to take corresponding countermeasures. It is hoped that the EU will not underestimate China's firm determination to safeguard its national interests and the legitimate rights and interests of Chinese enterprises, as well as to prevent a regression in China-EU economic and trade relations.
The EU published the draft amendments to the Cybersecurity Act on January 20, mandating that member states exclude so-called "high-risk suppliers" in 18 critical sectors, including energy, transport, healthcare, and ICT services management. A public feedback period began on February 5.
Pan Jian, Chief Analyst at Hezhong Dingcheng, commented that although the draft amendments do not explicitly name any specific country or company, the sectors involved are those in which Chinese enterprises hold significant technological advantages and market share, indicating clear discrimination and targeting. He noted that certain EU politicians have failed to provide any credible evidence of security risks in Chinese equipment yet continue to fabricate such concerns, representing a typical politicization and instrumentalization of cybersecurity issues that is detrimental to the broader framework of China-EU economic and trade cooperation.
Comments