Explanatory Memorandum to COM(2017)87 - Amendment of Regulation (EU) No 216/2013 on the electronic publication of the Official Journal of the EU

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dossier COM(2017)87 - Amendment of Regulation (EU) No 216/2013 on the electronic publication of the Official Journal of the EU.
source COM(2017)87 EN
date 23-02-2017


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

Pursuant to Regulation (EU) No 216/2013 1 , the Official Journal of the European Union is published in electronic form. In order to guarantee the authenticity, integrity and inalterability of this electronic publication, Article 2(1) of this Regulation states that ‘the electronic edition... shall bear an advanced electronic signature based on a qualified certificate and created with a secure-signature-creation device, in accordance with Directive 1999/93/EC’.

Directive 1999/93/EC of 13 December 1999 on a Community framework for electronic signatures was repealed by Regulation (EU) No 910/2014 of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market 2 , which came into force on 1 July 2016. In addition to the electronic signature and the advanced electronic signature already provided for by Directive 1999/93, Regulation No 910/2014 introduced the possibility of authenticating a document with an electronic seal or an advanced electronic seal based on a certificate for an electronic seal. The main difference between the (advanced) electronic signature and the (advanced) electronic seal is that, in the former case, the signatory is a natural person (Article 3, points 9 and 14 of Regulation No 910/2014), whereas in the latter case, the signatory is a legal person (Article 3, points 24 and 29 of Regulation No 910/2014).

The use of this advanced electronic seal would make it possible to automate the electronic signature and accelerate the procedure for publication on EUR-Lex.

Since authentication by an electronic seal rather than an electronic signature is not merely a different electronic system but makes an actual difference in legal terms (in the case of a signature, the authentication method is based on the involvement of a specific natural person; where a seal is used, it is created by the legal person with no indication of who, within the legal person, was responsible for authenticating the document), Regulation No 216/2013 should be amended to allow the Official Journal to be authenticated by an advanced electronic seal.

• Consistency with existing policy provisions in the policy area

The purpose of the proposed amendment is to introduce, for the electronic publication of the Official Journal, the option - offered by Regulation No 910/2014 on electronic identification and trust services for electronic transactions in the internal market - of authenticating a document by an electronic seal.

• Consistency with other Union policies

N/A

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The Proposal for a Regulation is based on Article 352 TFEU. This is the legal basis for Regulation No 216/2013, which is proposed for amendment.

• Subsidiarity (for non-exclusive competence)

N/A

• Proportionality

The aim of the Proposal is to allow the Official Journal to be published more quickly. The introduction of authentication by electronic seal is what is required to achieve this aim.

• Choice of instrument

N/A

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex post evaluations/fitness checks of existing legislation

N/A

• Stakeholder consultations

At the meeting of the Management Committee of the Publications Office held on 20 November 2015, the Institutions spoke in favour of this amendment to the Regulation.

• Collection and use of expertise

N/A

• Impact assessment

Since the change is minor, no impact assessment was carried out.

• Regulatory fitness and simplification

Replacing the advanced electronic signature by an advanced electronic seal does not alter current technological options in any way.

• Fundamental rights

N/A

4. BUDGETARY IMPLICATIONS

See financial statement annexed

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

Implementation is scheduled for late 2017/early 2018.

• Explanatory documents (for directives)

N/A

• Detailed explanation of the specific provisions of the proposal

N/A