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Recently, in October 2020, the Swedish Post and Telecommunications Agency, PTS, decided that the equipment of Chinese companies Huawei and ZTE will be excluded from the expansion of 5G networks for security reasons. It all quickly turned into a mess in which, among other things, China’s ambassador, Gui Congyou, came out and threatened retaliatory sanctions against, for example, Ericsson in the Chinese market.
Now Huawei Sweden announces that the company has not gotten into the glove, but chooses to take the matter to court. As expected, the company considers that the decision to exclude the company from the 5G network was based on incorrect motives and assumptions of the Säpo and the Armed Forces. Furthermore, Huawei’s Nordic manager Kenneth Fredriksen states that no discussion has taken place with the relevant authorities either before or after the decision.
We, like the rest of the telecommunications industry, were misled into believing that the decision would be based on technical facts and standards. Rather, the decision is based on incorrect assumptions and even though we are a directly affected player, we were not asked, examined, or given the opportunity to address any “security concerns” before PTS made its decision, which is contrary to both EU law and Swedish law. – Kenneth Fredriksen, Huawei
Klas Friberg in Säpo sees everything differently, according to TT. As before, it justifies the exclusion of Huawei by saying that Chinese companies, according to Säpo, conduct extensive espionage on behalf of the Chinese state, and that Tre, Tele2 and Telenor use Huawei’s hardware on the network. “It is the operators who in their applications have indicated which suppliers they work with, and for this reason we have been able to specifically identify two companies. They could have been other suppliers.
Huawei’s appeal is based on the company’s view that the exclusion violates EU law and will be addressed in administrative law.
