8 Amendments of Cristian-Silviu BUŞOI related to 2017/0225(COD)
Amendment 602 #
Proposal for a regulation
Article 50 – paragraph 8 – point a (new)
Article 50 – paragraph 8 – point a (new)
(a) Each national certification supervisory authority, and each member and staff of each national certification supervisory authority, shall in accordance with Union or Member State law be subject to a duty of professional secrecy both during and after their term of office, with regard to any confidential information which has come to their knowledge in the course of the performance of their tasks or exercise of their powers.
Amendment 619 #
Proposal for a regulation
Article 54 – paragraph 1 – point a (new)
Article 54 – paragraph 1 – point a (new)
(a) Right to an effective judicial remedy against a supervisory authority or conformity assessment body 1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy: (a) against a decision of a conformity assessment body or national certification supervisory authority concerning them, including (where applicable) in relation to the (non-) issuing or recognition of a European cybersecurity certificate which such person holds; and (b) where a national certification supervisory authority does not handle a complaint for which it is competent. 2. Proceedings against a conformity assessment body or national certification supervisory authority shall be brought before the courts of the Member State where the conformity assessment body or national certification supervisory authority is established.
Amendment 626 #
Proposal for a regulation
Annex I – paragraph 1 – point 5 a (new)
Annex I – paragraph 1 – point 5 a (new)
5a. If a conformity assessment body is owned or operated by a public entity or institution, independence and absence of any conflict of interest shall be ensured and documented between, on the one hand, the certification supervisory authority and, on the other hand, the conformity assessment body.
Amendment 627 #
Proposal for a regulation
Annex I – paragraph 1 – point 8
Annex I – paragraph 1 – point 8
8. A conformity assessment body shall be capable of carrying out all the conformity assessment tasks assigned to it under this Regulation, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility. Any subcontracting or consultation of external personnel shall be properly documented, shall not involve any intermediaries and shall be subject to a written agreement covering, among other things, confidentiality and conflicts of interest. The conformity assessment body in question shall take full responsibility for the tasks performed.
Amendment 628 #
Proposal for a regulation
Annex I – paragraph 1 – point 12
Annex I – paragraph 1 – point 12
12. The impartiality of the conformity assessment bodies, of their top-level management and of the assessment personnel and subcontractors shall be guaranteed.
Amendment 629 #
Proposal for a regulation
Annex I – paragraph 1 – point 15
Annex I – paragraph 1 – point 15
15. The personnelconformity assessment body and its personnel, committees, subsidiaries, subcontractors, and any associated body or personnel of external bodies of a conformity assessment body shall maintain confidentiality and observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation or pursuant to any provision of national law giving effect to it, except where disclosure is required by Union or Member Stat law to which such persons are subject except in relation to the competent authorities of the Member States in which its activities are carried out. Proprietary rights shall be protected. The conformity assessment body shall have documented procedures in place in respect of the requirements of this Section 15.
Amendment 630 #
Proposal for a regulation
Annex I – paragraph 1 – point 15 a (new)
Annex I – paragraph 1 – point 15 a (new)
15a. With the exception of Section 15, the requirements of this Annex in no way preclude exchanges of technical information and regulatory guidance between a conformity assessment body and a person applying, or considering whether to apply, for certification.
Amendment 631 #
Proposal for a regulation
Annex I – paragraph 1 – point 15 b (new)
Annex I – paragraph 1 – point 15 b (new)
15b. Conformity assessment bodies shall operate in accordance with a set of consistent, fair and reasonable terms and conditions, taking into account the interests of small and medium-sized enterprises as defined in Recommendation 2003/361/EC in relation to fees.