[ParlTrack]

Proposal for a regulation
Article 7 a (new)

Article 7a 1. When either the electronic identification scheme notified pursuant to Article 7(1) or the authentication referred to in point (d) of Article 6 is breached or partly compromised in a way that would affect the reliability of that scheme for cross border transactions, the notifying Member State shall without delay suspend or revoke the cross border part of that electronic identification scheme or that authentication or the compromised parts concerned and inform other Member States and the Commission. 2. When the breach or compromise referred to in paragraph (1) has been remedied, the notifying Member State shall re-establish the authentication and shall inform other Member States and the Commission as soon as possible. 3. If the breach or compromise referred to in paragraph (1) is not remedied within 3 months of the suspension or revocation, the notifying Member State shall notify the withdrawal of the electronic identification scheme to other Member States and to the Commission. The Commission shall publish as soon as possible in the Official Journal of the European Union the corresponding amendments to the list referred to in Article 7(2).

2013/05/21
Committee: IMCO

Malcolm HARBOUR

Proposal for a regulation
Article 7 b (new)

Article 7b 1. The notifying Member State shall be liable for any direct damage caused to any natural or legal person due to a failure to comply with its obligations under points (c) and (d) of Article 6, unless it can show that it has not acted negligently. 2. The party issuing the electronic identification means shall be liable for any direct damage caused to any natural or legal person for failing to ensure, consistent with the application of the identity assurance levels within national schemes: (i) the attribution of the person identification data referred to in point (ca) of Article 6, and (ii) the correct operation of the authentication referred to in point (d) of Article 6, unless it can show that it has not acted negligently. 3. Paragraphs 1 and 2 are without prejudice to the liability under national legislation of parties to a transaction in which electronic identification means falling under the notified scheme are used.

2013/05/21
Committee: IMCO

Malcolm HARBOUR

Proposal for a regulation
Article 10 – paragraph 1

1. Qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as qualified trust services and qualified certificates provided by a qualified trust service providers established in the territory of the Union if the qualified trust services or qualified certificates originating from the third country ~~are recognised under an agreement between the Union and third countries or international organisations in accordance with Article 218 TFUE~~comply with the relevant requirements of this Regulation as determined by a supervisory body established in a Member State.

2013/05/21
Committee: IMCO

Malcolm HARBOUR

Proposal for a regulation
Article 10 – paragraph 2

2. With reference to paragraph 1, such agreements shall ensure that the requirements applicable to qualified trust services and qualified certificates provided by qualified trust service providers established in the territory of the Union are met by the trust service providers in the third countries or international organisations, especially with regard to the protection of personal data, security and supervision.deleted

2013/05/21
Committee: IMCO

Malcolm HARBOUR

Proposal for a regulation
Article 13 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated ~~acts, in accordance with Article 38, concerning the definition of procedures applicable to the tasks referred to in paragraph 2.~~

2013/05/21
Committee: IMCO

Malcolm HARBOUR

Proposal for a regulation
Article 14 – paragraph 1

1. Supervisory bodies shall cooperate with a view to exchange good practice and provide each other, within the shortest possible time, with relevant information and mutual assistance so that activities can be carried out in a consistent manner. Supervisory bodies shall also cooperate where a request is made under the Regulation on Accreditation and Market surveillance (765/2008). Mutual assistance shall cover, in particular, information requests and supervisory measures, such as requests to carry out inspections related to the ~~security audi~~conformity assessment reports as referred to in Articles 15, 16 and 17.

2013/05/21
Committee: IMCO

Malcolm HARBOUR

Proposal for a regulation
Article 14 – paragraph 3

3. Where appropriate, supervisory bodies may carry out joint investigations in which staff from other Member States‘ supervisory bodies is involved. The supervisory body of the Member State where the investigation is to take place, in compliance with its own national law, may devolve investigative tasks to the assisted supervisory body's staff. Such powers may be exercised only under the guidance and in the presence of staff from the host supervisory body. The assisted supervisory body's staff shall be subject to the host supervisory body's national law. The host supervisory body shall assume responsibility for the assisted supervisory body staff's actions.deleted

2013/05/21
Committee: IMCO

Malcolm HARBOUR

Proposal for a regulation
Article 14 – paragraph 4

4. The Commission may, by means of implementing acts, specify the formats and procedures for the mutual assistance provided for in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).deleted

2013/05/21
Committee: IMCO

Malcolm HARBOUR, Adam BIELAN

Proposal for a regulation
Article 17 – paragraph 1

1. ~~Qualified~~Where trust service providers ~~shall notify the supervisory body of their~~ inten~~tion~~d to start providing a qualified trust service ~~and~~s, they shall submit to the supervisory body a security audit report carried out by a recognised independent body, as provided for in Article 16(1). Qualified trust service providers may start to provide the qualified trust service after they have submitted the notification and security audit report to the supervisory bodynotification of their intention together with a conformity assessment report provided by a conformity assessment body, as provided for in Article 16(1).

2013/05/21
Committee: IMCO

Malcolm HARBOUR, Adam BIELAN

Proposal for a regulation
Article 17 – paragraph 2

2. Once the relevant documents are submitted to the supervisory body according to paragraph 1, the qualified service providers shall be included in the trusted lists referred to in Article 18 indicating that the notification has been submitted.deleted

2013/05/21
Committee: IMCO

Malcolm HARBOUR, Adam BIELAN

Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1

The supervisory body shall verify the compliance of the ~~qualified~~trust service provider and of the trust services it provide~~r and of the qualified~~s with the requirements of this Regulation. If compliant, the supervisory body shall grant qualified status to the trust services provide~~d by it with the requirements of the Regulation.~~ r and indicate such status in the trusted lists referred to in Article 18, not later than one month after notification in accordance with paragraph 1.

2013/05/21
Committee: IMCO

Malcolm HARBOUR, Adam BIELAN

Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 2

The supervisory body shall indicate the qualified status of the qualified service providers and the qualified trust services they provide in the trusted lists after the positive conclusion of the verification, not later than one month after the notification has been done in accordance with paragraph 1.deleted

2013/05/21
Committee: IMCO

Malcolm HARBOUR, Adam BIELAN

Proposal for a regulation
Article 17 – paragraph 4

4. ~~A q~~Qualified trust service which has been subject to the notification referred to in paragraph 1 cannot be refused for the fulfilment of an administrative procedure or formality by the concerned public sector body for not being included in the lists referred to in paragraph 3providers may start to provide the qualified trust service after the status referred to in paragraph 3 has been indicated in the trusted lists.

2013/05/21
Committee: IMCO

Malcolm HARBOUR

Proposal for a regulation
Article 19 – paragraph 2 – point c

(c) before entering into a contractual relationship, inform any person seeking to use a qualified trust service of the precise terms and conditions regarding the use of that service, including any limitation on its use;

2013/05/21
Committee: IMCO

Malcolm HARBOUR

Proposal for a regulation
Article 19 – paragraph 2 – point e – indent 1

– they are publicly available for retrieval only where the consent of the person to whom the data ~~has been issued~~relates has been obtained,

2013/05/21
Committee: IMCO

Malcolm HARBOUR

Proposal for a regulation
Article 19 – paragraph 3

3. Qualified trust service providers issuing qualified certificates shall register the revocation of the certificate in their certificate database on the ~~revocation of the certificate within ten minutes after such revocation has taken effect~~same working day that such revocation has taken effect, and if such revocation has taken effect on a weekend or public holiday, on the next working day.

2013/05/21
Committee: IMCO

Activities of Malcolm HARBOUR related to 2012/0146(COD)

Plenary speeches (1)

Shadow opinions (1)

Amendments (16)

ParlTrack - 2011-2024