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47 Amendments of Daniël van der STOEP related to 2012/0146(COD)

Amendment 46 #
Daniël van der STOEP
Proposal for a regulation
Recital 9
(9) In most cases service providers from another Member State cannot use their electronic identification to access these services because the national electronic identification schemes in their country are not recognised and accepted in other Member States. This electronic barrier excludes service providers from enjoying the full benefits of the internal market. Mutually recognized and accepted electronic identification means willcould facilitate cross-border provision of numerous services in the Internal Market and enable businesses to go cross-border without facing many obstacles in interactions with public authorities
2013/06/07
Committee: LIBE
Amendment 57 #
Daniël van der STOEP
Proposal for a regulation
Recital 30
(30) To enable the Commission and the Member States to assess the effectiveness of the breach notification mechanism introduced by this Regulation, supervisory bodies should be requested to provide summary information to the Commission and to European Network and Information Security Agency (ENISA).deleted
2013/06/07
Committee: LIBE
Amendment 58 #
Daniël van der STOEP
Proposal for a regulation
Recital 33
(33) To ensure sustainability and durability of qualified trust services and to boost users’ confidence in the continuity of qualified trust services, supervisory bodies should ensure thatmay preserve the data of qualified trust service providers are preserved and keptnd make them accessible for an appropriate period of time even if a qualified trust service provider ceases to exist.
2013/06/07
Committee: LIBE
Amendment 59 #
Daniël van der STOEP
Proposal for a regulation
Recital 51
(51) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission, in particular for specifying reference numbers of standards which use would give a presumption of compliance with certain requirements laid down in this Regulation or defined in delegated acts. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers.deleted
2013/06/07
Committee: LIBE
Amendment 80 #
Daniël van der STOEP
Proposal for a regulation
Article 8 – paragraph 2
2. The Commission shall, by means of implementing acts, establish the necessary modalities to facilitate the cooperation between the Member States referred to in paragraph 1 with a view to fostering a high level of trust and security appropriate to the degree of risk. Those implementing acts shall concern, in particular, the exchange of information, experiences and good practice on electronic identification schemes, the peer review of notified electronic identification schemes and the examination of relevant developments arising in the electronic identification sector by the competent authorities of the Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).deleted
2013/06/07
Committee: LIBE
Amendment 83 #
Daniël van der STOEP
Proposal for a regulation
Article 8 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the facilitation of cross border interoperability of electronic identification means by setting of minimum technical requirements.
2013/06/07
Committee: LIBE
Amendment 99 #
Daniël van der STOEP
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.
2013/06/07
Committee: LIBE
Amendment 100 #
Daniël van der STOEP
Proposal for a regulation
Article 13 – paragraph 6
6. The Commission may, by means of implementing acts, define the circumstances, formats and procedures for the report referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).deleted
2013/06/07
Committee: LIBE
Amendment 101 #
Daniël van der STOEP
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
2013/06/07
Committee: LIBE
Amendment 104 #
Daniël van der STOEP
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Where appropriate, in particular if a breach of security or loss of integrity concerns two or more Member States, the supervisory body concerned shall inform supervisory bodies in other Member States and the European Network and Information Security Agency (ENISA).
2013/06/07
Committee: LIBE
Amendment 105 #
Daniël van der STOEP
Proposal for a regulation
Article 15 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 38, concerning the further specification of the measures referred to in paragraph 1.
2013/06/07
Committee: LIBE
Amendment 106 #
Daniël van der STOEP
Proposal for a regulation
Article 15 – paragraph 6
6. The Commission may, by means of implementing acts, define the circumstances, formats and procedures, including deadlines, applicable for the purpose of paragraphs 1 to 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).deleted
2013/06/07
Committee: LIBE
Amendment 107 #
Daniël van der STOEP
Proposal for a regulation
Article 16 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the specification of the conditions under which the independent body carrying out the audit referred to in paragraph 1 of this Article and in Article 15(1) and in Article 17(1) shall be recognised.
2013/06/07
Committee: LIBE
Amendment 108 #
Daniël van der STOEP
Proposal for a regulation
Article 16 – paragraph 6
6. The Commission may, by means of implementing acts, define the circumstances, procedures and formats applicable for the purpose of paragraphs 1, 2 and 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).deleted
2013/06/07
Committee: LIBE
Amendment 109 #
Daniël van der STOEP
Proposal for a regulation
Article 17 – paragraph 5
5. The Commission may, by means of implementing acts, define the circumstances, formats and procedures for the purpose of paragraphs 1, 2 and.3 Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).deleted
2013/06/07
Committee: LIBE
Amendment 110 #
Daniël van der STOEP
Proposal for a regulation
Article 18 – paragraph 3
3. Member States shall notify to the Commission, without undue delay, information on the body responsible for establishing, maintaining and publishing national trusted lists, and details of where such lists are published, the certificate used to sign or seal the trusted lists and any changes thereto.deleted
2013/06/07
Committee: LIBE
Amendment 111 #
Daniël van der STOEP
Proposal for a regulation
Article 18 – paragraph 4
4. The Commission shall make available to the public, through a secure channel, the information, referred to in paragraph 3 in electronically signed or sealed form suitable for automated processing.deleted
2013/06/07
Committee: LIBE
Amendment 112 #
Daniël van der STOEP
Proposal for a regulation
Article 18 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the definition of the information referred to in paragraph 1.
2013/06/07
Committee: LIBE
Amendment 113 #
Daniël van der STOEP
Proposal for a regulation
Article 18 – paragraph 6
6. The Commission may, by means of implementing acts, define the technical specifications and formats for trusted lists applicable for the purposes of paragraphs 1 to 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).deleted
2013/06/07
Committee: LIBE
Amendment 117 #
Daniël van der STOEP
Proposal for a regulation
Article 19 – paragraph 5
5. The Commission may, by means of implementing acts, establish reference numbers of standards for trustworthy systems and products. Compliance with the requirements laid down in Article 19 shall be presumed where trustworthy systems and products meet those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/06/07
Committee: LIBE
Amendment 118 #
Daniël van der STOEP
Proposal for a regulation
Article 20 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the definition of the different security levels of electronic signature referred to in paragraph 4.
2013/06/07
Committee: LIBE
Amendment 119 #
Daniël van der STOEP
Proposal for a regulation
Article 20 – paragraph 7
7. The Commission may, by means of implementing acts, establish reference numbers of standards for the security levels of electronic signature. Compliance with the security level defined in a delegated act adopted pursuant to paragraph 6 shall be presumed when an electronic signature meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/06/07
Committee: LIBE
Amendment 120 #
Daniël van der STOEP
Proposal for a regulation
Article 21 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the further specification of the requirements laid down in Annex I.
2013/06/07
Committee: LIBE
Amendment 121 #
Daniël van der STOEP
Proposal for a regulation
Article 21 – paragraph 5
5. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for electronic signature. Compliance with the requirements laid down in Annex I shall be presumed where a qualified certificate for electronic signature meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/06/07
Committee: LIBE
Amendment 122 #
Daniël van der STOEP
Proposal for a regulation
Article 22 – paragraph 2
2. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified electronic signature creation devices. Compliance with the requirements laid down in Annex II shall be presumed where a qualified electronic signature creation device meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/06/07
Committee: LIBE
Amendment 123 #
Daniël van der STOEP
Proposal for a regulation
Article 23 – paragraph 1
1. Qualified electronic signature creation devices may be certified by appropriate public or private bodies designated by Member States provided that they have been submitted to a security evaluation process carried out in accordance with one of the standards for the security assessment of information technology products included in a list that shall be established by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.
2013/06/07
Committee: LIBE
Amendment 124 #
Daniël van der STOEP
Proposal for a regulation
Article 23 – paragraph 2
2. Member States shall notify to the Commission and other Member States the names and addresses of the public or private body designated by them as referred to in paragraph 1.
2013/06/07
Committee: LIBE
Amendment 125 #
Daniël van der STOEP
Proposal for a regulation
Article 23 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the establishment of specific criteria to be met by the designated bodies referred to in paragraph 1.
2013/06/07
Committee: LIBE
Amendment 126 #
Daniël van der STOEP
Proposal for a regulation
Article 24
Publication of a list of certified qualified electronic signature creation devices 1. Member States shall notify to the Commission without undue delay, information on qualified electronic signature creation devices which have been certified by the bodies referred to in Article 23. They shall also notify to the Commission, without undue delay, information on electronic signature creation devices that would no longer be certified. 2. On the basis of the information received, the Commission shall establish, publish and maintain a list of certified qualified electronic signature creation devices. 3. The Commission may, by means of implementing acts, define circumstances, formats and procedures applicable for the purpose of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).Article 24 deleted
2013/06/07
Committee: LIBE
Amendment 127 #
Daniël van der STOEP
Proposal for a regulation
Article 25 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the further specification of the requirements laid in down in paragraph 1.
2013/06/07
Committee: LIBE
Amendment 128 #
Daniël van der STOEP
Proposal for a regulation
Article 25 – paragraph 3
3. The Commission may, by means of implementing acts, establish reference numbers of standards for the validation of qualified electronic signatures. Compliance with the requirements laid down in paragraph 1 shall be presumed where the validation of qualified electronic signatures meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/06/07
Committee: LIBE
Amendment 129 #
Daniël van der STOEP
Proposal for a regulation
Article 26 – paragraph 2
2. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified validation service referred to in paragraph 1. Compliance with the requirements laid down in point (b) of paragraph 1 shall be presumed where the validation service for qualified electronic signature meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/06/07
Committee: LIBE
Amendment 130 #
Daniël van der STOEP
Proposal for a regulation
Article 27 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the further specification of the requirements laid down in paragraph 1.
2013/06/07
Committee: LIBE
Amendment 131 #
Daniël van der STOEP
Proposal for a regulation
Article 27 – paragraph 3
3. The Commission may, by means of implementing acts, establish reference numbers of standards for the preservation of qualified electronic signatures. Compliance with the requirements laid down in paragraph 1 shall be presumed where the arrangements for the preservation of qualified electronic signatures meet those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/06/07
Committee: LIBE
Amendment 132 #
Daniël van der STOEP
Proposal for a regulation
Article 28 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the definition of different security assurance levels of electronic seals referred to in paragraph 4.
2013/06/07
Committee: LIBE
Amendment 133 #
Daniël van der STOEP
Proposal for a regulation
Article 28 – paragraph 7
7. The Commission may, by means of implementing acts, establish reference numbers of standards for the security assurance levels of electronic seals. Compliance with the security assurance level defined in a delegated act adopted pursuant to paragraph 6 shall be presumed when an electronic seal meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/06/07
Committee: LIBE
Amendment 134 #
Daniël van der STOEP
Proposal for a regulation
Article 29 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the further specification of the requirements laid down in Annex III.
2013/06/07
Committee: LIBE
Amendment 135 #
Daniël van der STOEP
Proposal for a regulation
Article 29 – paragraph 5
5. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for electronic seal. Compliance with the requirements laid down in Annex III shall be presumed where a qualified certificate for electronic seal meet those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/06/07
Committee: LIBE
Amendment 136 #
Daniël van der STOEP
Proposal for a regulation
Article 33 – paragraph 2
2. The Commission may, by means of implementing acts, establish reference numbers of standards for the accurate linkage of time to data and an accurate time source. Compliance with the requirements laid down in paragraph 1 shall be presumed where an accurate linkage of time to data and an accurate time source meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/06/07
Committee: LIBE
Amendment 137 #
Daniël van der STOEP
Proposal for a regulation
Article 34 – paragraph 4
4. The Commission may, by means of implementing acts, define formats of electronic signatures and seals that shall be accepted whenever a signed or sealed document is requested by a Member State for the provision of a service online offered by a public sector body referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).deleted
2013/06/07
Committee: LIBE
Amendment 138 #
Daniël van der STOEP
Proposal for a regulation
Article 35 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the specification of mechanisms for sending or receiving data using electronic delivery services, which shall be used with a view to fostering interoperability between electronic delivery services.
2013/06/07
Committee: LIBE
Amendment 139 #
Daniël van der STOEP
Proposal for a regulation
Article 36 – paragraph 2
2. The Commission may, by means of implementing acts, establish reference numbers of standards for processes for sending and receiving data. Compliance with the requirements laid down in paragraph 1 shall be presumed where the process for sending and receiving data meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/06/07
Committee: LIBE
Amendment 140 #
Daniël van der STOEP
Proposal for a regulation
Article 37 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the further specification of the requirements laid down in Annex IV.
2013/06/07
Committee: LIBE
Amendment 141 #
Daniël van der STOEP
Proposal for a regulation
Article 37 – paragraph 4
4. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for website authentication. Compliance with the requirements laid down in Annex IV shall be presumed where a qualified certificate for website authentication meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/06/07
Committee: LIBE
Amendment 142 #
Daniël van der STOEP
Proposal for a regulation
Article 38
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 8(3), 13(5), 15(5), 16(5), 18(5), 20(6), 21(4), 23(3), 25(2), 27(2), 28(6), 29(4), 30(2), 31, 35(3) and 37(3) shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Regulation. 3. The delegation of power referred to in Articles 8(3), 13(5), 15(5), 16(5), 18(5), 20(6), 21(4), 23(3), 25(2), 27(2), 28(6), 29(4), 30(2), 31, 35(3) and 37(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Articles 8(3), 13(5), 15(5), 16(5), 18(5), 20(6), 21(4), 23(3), 25(2), 27(2), 28(6), 29(4), 30(2), 31, 35(3) and 37(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.Article 38 deleted Exercise of the delegation
2013/06/07
Committee: LIBE
Amendment 143 #
Daniël van der STOEP
Proposal for a regulation
Article 39
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation 182/2011 shall apply.Article 39 deleted Committee procedure deleted
2013/06/07
Committee: LIBE
Amendment 144 #
Daniël van der STOEP
Proposal for a regulation
Article 40
The Commission shall report to the European Parliament and to the Council on the application of this Regulation. The first report shall be submitted no later than four years after the entry into force of this Regulation. Subsequent reports shall be submitted every four years thereafter.Article 40 deleted Report
2013/06/07
Committee: LIBE
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