France: the 7 October sitting on the loi resilience was withdrawn the day before
· Cryptaguard · 5 min read
The bill that transposes NIS2 into French law was due on the floor of the Assemblee nationale today. On 6 October the conference des presidents withdrew it from the order of business, along with the Friday slot, and the legislative file no longer carries the sitting. No new date has been set. France has now been late for almost two years, and nothing about what a French entity owes has changed.
What happened
The loi resilience was due on the floor of the Assemblee nationale this afternoon. It is not. The conference des presidents met on Tuesday 6 October and withdrew it from the order of business, for Wednesday 7 October and for the Friday 9 October slot that press reporting had expected it to spill into.
retrait du projet de loi, adopte par le Senat, relatif a la resilience des infrastructures critiques et au renforcement de la cybersecuriteReleve de conclusions de la Conference des presidents du mardi 6 octobre 2026, read 7 October 2026
The dossier followed. Read this morning, DLR5L17N50731 no longer carries the line we recorded on 24 September. Its last registered step is once again the committee text no. 1779-A0, deposited on 10 September 2025. In other words the file is back exactly where it sat for the thirteen months before the listing appeared.
The bill is re-listed for no other date in that releve. The next conference des presidents is set for Tuesday 13 October at 10 a.m. That is an occasion on which a new listing could be made. It is not a date of examination, and treating it as one would repeat the mistake this post is about.
What is verified and what is only reported
The withdrawal is a fact, taken from the institution that decided it and confirmed by the file it affects. The reason for it is not. The releve gives no motive, and we do not supply one.
Press reporting attributes the postponement to a crowded agenda, in particular the bill on sexual and sexist violence, and reports the rapporteur as hoping the text can be re-listed within two to three weeks. The same conference did organise the continued discussion of that other bill, by limiting speeches on amendments to one speaker for and one against. But a decision taken in the same meeting is a neighbour, not a cause, and a hope expressed to journalists is not an entry on the order of business.
The difference that keeps mattering
July 2026 and September 2026 were both floated as windows for this bill. Both passed without it reaching the floor, and neither ever appeared on the dossier. A reported intention and a listing are different objects, and only one of them has ever predicted anything here. Two to three weeks is currently an intention.
What this changes for an entity: nothing
This is the part worth being blunt about, because the symmetry runs both ways. The listing on 24 September moved no legal date. Its withdrawal moves none either. France had no promulgated transposition law on 24 September, had none yesterday, and has none today. No obligation is owed under French law on account of this calendar, and there is no date on which one will be.
Even the sitting, had it gone ahead, would have been the beginning of a sequence rather than the end of one. A first reading in the Assemblee sends the text back to the Senat under the navette, because nobody expects a chamber whose own special committee rewrote the bill to then adopt the Senate version word for word. Promulgation comes after that. And the obligations themselves largely do not live in the law: it delegates them to implementing decrees and to ANSSI reference documents, which are drafted after promulgation. There is still no French article number to plan against.
What it does cost
Credibility about the calendar, which is not nothing. For thirteen months the honest answer to when France would transpose was that no step was recorded. For two weeks there was something better than that, and it was specific enough to plan a board meeting around. It is gone, and what replaces it is the reported hope of a rapporteur.
The practical consequence is a rule rather than a date: stop making the French law the trigger for French work. It has been missed for almost two years across three governments, and the one firm listing it has received in that time was cancelled with a day of notice.
The Commission is not waiting
The transposition deadline in article 41 of NIS2 was 17 October 2024. The Commission opened an infringement procedure against France at the end of November 2024, and in its July 2026 package referred France to the Court of Justice of the European Union, asking for a lump sum and daily penalty payments. Ireland and Spain were referred alongside.
Those payments fall on the member state, not on entities, so they are not a reason for a French company to do anything. What they indicate is that the pressure on this calendar comes from outside the Assemblee, and that it has not produced a sitting yet.
What to do instead
Plan against article 21(2) of the directive. Ten measures, and the member states that have transposed have overwhelmingly carried them across in the directive order without adding an eleventh. Austria section 32(4) is the clearest example: ten lettered points, a) to j), in the same sequence. An entity that builds against the directive is not building against the wrong thing, and will not have to start again when the French text appears.
Then separate the question of where you operate from the question of where you are headquartered. Lateness is national; scope is not. If you also operate in Germany, Italy, Belgium, the Netherlands, Austria or any of the other member states where transposition is in force, you owe those obligations now, under those laws, whatever Paris does this month.
And register. ANSSI has run pre-registration since November 2025, on the NIS2 space of MesServicesCyber, ahead of the law and independently of it. It costs nothing and it fixes your entity classification before the queue forms.
Where the next real signal will appear
If you are tracking this yourself, watch the dossier rather than the press. A listing appears on DLR5L17N50731 and in the releve de conclusions of the conference des presidents; an intention appears in interviews. The last two years are a clean record of which of the two is worth a calendar entry.
- The 7 October sitting was withdrawn on 6 October by the conference des presidents, together with the 9 October slot. The dossier has reverted to its 10 September 2025 state and the bill is re-listed for no other date.
- The next conference des presidents is on 13 October 2026. That is when a new listing could be made, not a date of examination.
- The reported hope of a re-listing within two to three weeks is an intention, not a listing. July 2026 and September 2026 were intentions of the same kind and both passed.
- Nothing changed legally, in either direction. France has no promulgated transposition law, no date for one, and nothing is owed under French law today.
- Plan against article 21(2) of the directive, not against French article numbers. Transposing states carried the ten measures across largely unchanged, and most French obligations will sit in implementing decrees drafted after promulgation anyway.
- If you operate where transposition is in force, you owe those obligations now. French delay suspends nothing outside France.
- ANSSI pre-registration on MesServicesCyber is open and independent of the law. Registering costs nothing and fixes your classification.