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2014/0910 EN cercato: 'view' . Output generated live by software developed by IusOnDemand srl


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Article 1

Subject matter

With a view to ensuring the proper functioning of the internal market while aiming at an adequate level of security of electronic_identification means and trust_services this Regulation:

(a)

lays down the conditions under which Member States recognise electronic_identification means of natural and legal persons falling under a notified electronic_identification scheme of another Member State;

(b)

lays down rules for trust_services, in particular for electronic transactions; and

(c)

establishes a legal framework for electronic_signatures, electronic_seals, electronic_time_stamps, electronic_documents, electronic_registered_delivery_services and certificate services for website authentication.

Article 12

Cooperation and interoperability

1.   The national electronic_identification schemes notified pursuant to Article 9(1) shall be interoperable.

2.   For the purposes of paragraph 1, an interoperability framework shall be established.

3.   The interoperability framework shall meet the following criteria:

(a)

it aims to be technology neutral and does not discriminate between any specific national technical solutions for electronic_identification within a Member State;

(b)

it follows European and international standards, where possible;

(c)

it facilitates the implementation of the principle of privacy by design; and

(d)

it ensures that personal data is processed in accordance with Directive 95/46/EC.

4.   The interoperability framework shall consist of:

(a)

a reference to minimum technical requirements related to the assurance levels under Article 8;

(b)

a mapping of national assurance levels of notified electronic_identification schemes to the assurance levels under Article 8;

(c)

a reference to minimum technical requirements for interoperability;

(d)

a reference to a minimum set of person_identification_data uniquely representing a natural or legal person, which is available from electronic_identification schemes;

(e)

rules of procedure;

(f)

arrangements for dispute resolution; and

(g)

common operational security standards.

5.   Member States shall cooperate with regard to the following:

(a)

the interoperability of the electronic_identification schemes notified pursuant to Article 9(1) and the electronic_identification schemes which Member States intend to notify; and

(b)

the security of the electronic_identification schemes.

6.   The cooperation between Member States shall consist of:

(a)

the exchange of information, experience and good practice as regards electronic_identification schemes and in particular technical requirements related to interoperability and assurance levels;

(b)

the exchange of information, experience and good practice as regards working with assurance levels of electronic_identification schemes under Article 8;

(c)

peer review of electronic_identification schemes falling under this Regulation; and

(d)

examination of relevant developments in the electronic_identification sector.

7.   By 18 March 2015, the Commission shall, by means of implementing acts, establish the necessary procedural arrangements to facilitate the cooperation between the Member States referred to in paragraphs 5 and 6 with a view to fostering a high level of trust and security appropriate to the degree of risk.

8.   By 18 September 2015, for the purpose of setting uniform conditions for the implementation of the requirement under paragraph 1, the Commission shall, subject to the criteria set out in paragraph 3 and taking into account the results of the cooperation between Member States, adopt implementing acts on the interoperability framework as set out in paragraph 4.

9.   The implementing acts referred to in paragraphs 7 and 8 of this Article shall be adopted in accordance with the examination procedure referred to in Article 48(2).

CHAPTER III

TRUST SERVICES

SECTION 1

General provisions

Article 18

Mutual assistance

1.   Supervisory bodies shall cooperate with a view to exchanging good practice.

A supervisory body shall, upon receipt of a justified request from another supervisory body, provide that body with assistance so that the activities of supervisory bodies can be carried out in a consistent manner. Mutual assistance may cover, in particular, information requests and supervisory measures, such as requests to carry out inspections related to the conformity assessment reports as referred to in Articles 20 and 21.

2.   A supervisory body to which a request for assistance is addressed may refuse that request on any of the following grounds:

(a)

the supervisory body is not competent to provide the requested assistance;

(b)

the requested assistance is not proportionate to supervisory activities of the supervisory body carried out in accordance with Article 17;

(c)

providing the requested assistance would be incompatible with this Regulation.

3.   Where appropriate, Member States may authorise their respective supervisory bodies to carry out joint investigations in which staff from other Member States’ supervisory bodies is involved. The arrangements and procedures for such joint actions shall be agreed upon and established by the Member States concerned in accordance with their national law.

Article 49

Review

The Commission shall review the application of this Regulation and shall report to the European Parliament and to the Council no later than 1 July 2020. The Commission shall evaluate in particular whether it is appropriate to modify the scope of this Regulation or its specific provisions, including Article 6, point (f) of Article 7 and Articles 34, 43, 44 and 45, taking into account the experience gained in the application of this Regulation, as well as technological, market and legal developments.

The report referred to in the first paragraph shall be accompanied, where appropriate, by legislative proposals.

In addition, the Commission shall submit a report to the European Parliament and the Council every four years after the report referred to in the first paragraph on the progress towards achieving the objectives of this Regulation.


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