Regulation 2013/216 - Electronic publication of the Official Journal of the EU - Main contents
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official title
Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2013/216 |
| Original proposal | COM(2011)162  |
| CELEX number i | 32013R0216 |
| Document | 07-03-2013 |
|---|---|
| Publication in Official Journal | 13-03-2013; OJ L 69, 13.3.2013,Special edition in Croatian: Chapter 16 Volume 004 |
| Effect | 01-07-2013; Entry into force See Art 5 |
| End of validity | 31-12-9999 |
13.3.2013 |
EN |
Official Journal of the European Union |
L 69/1 |
COUNCIL REGULATION (EU) No 216/2013
of 7 March 2013
on the electronic publication of the Official Journal of the European Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 352 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the consent of the European Parliament,
Acting in accordance with a special legislative procedure,
Whereas:
(1) |
Article 297 of the Treaty on the Functioning of the European Union (TFEU) deals with the publication in the Official Journal of the European Union (hereinafter ‘the Official Journal’) and the entry into force of legal acts of the Union. |
(2) |
Regulation (EC) No 1/1958 (1), including any subsequent amendments thereto, determines the official languages of the institutions of the European Union. |
(3) |
The printed edition of the Official Journal, available in all official languages of the institutions of the Union, is at present the only legally binding publication, although it is also made available online. |
(4) |
Decision 2009/496/EC, Euratom of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions of 26 June 2009 on the organisation and operation of the Publications Office of the European Union (2) ensures that the Publications Office enables the institutions to fulfil their obligation to publish legislative texts. |
(5) |
The Court of Justice of the European Union has held, in Case C-161/06 Skoma-Lux sro v Celní ředitelství Olomouc (3), that legal acts of the Union are not enforceable against individuals if they have not been properly published in the Official Journal and that making such acts available online does not equate to valid publication in the Official Journal in the absence of any rules in that regard in Union law. |
(6) |
If publication in the Official Journal in electronic form were to constitute valid publication, access to Union law would be faster and more economical. Citizens should, nevertheless, continue to have the possibility to obtain a printed version of the Official Journal from the Publications Office. |
(7) |
The Commission Communication entitled ‘A Digital Agenda for Europe’ highlights that access to online legal content favours the development of a digital internal market, which leads to economic and social benefits. |
(8) |
Rules ensuring the authenticity, integrity and inalterability of the electronic publication of the Official Journal should therefore be laid down. |
(9) |
This Regulation should also lay down rules applicable in cases where, due to unforeseen and exceptional circumstances, it is not possible to publish and to make available the electronic edition of the Official Journal. |
(10) |
Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (4) establishes the legal effects of electronic signatures as a means for authentication. For the purposes of ensuring the authenticity, integrity and inalterability of the electronic edition of the Official Journal, an advanced electronic signature based on a qualified certificate and created by a secure-signature-creation device in accordance with that Directive provides sufficient guarantees to the public. It should be possible to verify the electronically signed Official Journal by readily available means. |
(11) |
Access to the EUR-Lex website is to be ensured in compliance... |
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