Brussels, 15/05/2008 (Agence Europe) - An agreement on the draft directive on protecting critical EU infrastructure in areas like energy, healthcare, transport and communications was reached by the Member States on Wednesday 14 May 2008, explained a European Commission representative in charge of the dossier. Magnus Ovilius of DG Justice, Freedom and Security at the European Commission explained at a conference in Brussels on Thursday 15 May that a deal had been reached. In December 2006, the European Commission published a draft directive drawing up a confidential list of critical EU infrastructure for use in the event of a terrorist attack (see EUROPE 9326). The 5-6 June 2008 Council of Interior Ministers in Luxembourg is therefore expected to reach a political deal, said Ovilius, predicting that the directive could come into force in the autumn of 2008. Member States are reported by several diplomats to have agreed on all the basics of the text. The directive would cover areas like transport, they explain, but not nuclear power. These sources suggest that a single problem remains to be solved - the legal format. Should the legislation be a directive (as planned at the outset) or a framework decision or a resolution? The answer hangs on how binding the legislation would be on the Member States. The question will be settled at the COREPER meeting on 28 May 2008, which will also provide an opportunity to see whether political agreements will in fact emerge at the June Council meeting. Given Germany's recent strong opposition to the legislation (see EUROPE 9641), such rapid agreement had not been expected. EU counter-terror coordinator Gilles de Kerchove, who gave a speech on the issue at over dinner at the most recent JHA Council, is reported to be behind this sudden change of heart. (B.C.)