33 Amendments of András GYÜRK related to 2012/0146(COD)
Amendment 65 #
Proposal for a regulation
Recital 23
Recital 23
(23) In line with the obligations under the UN Convention on the Rights of Persons with Disabilities that has entered into force in the EU, and with respect to and in full compliance with Union legislation on accessibility of public sector bodies' websites, persons with disabilities should be able to use trust services, electronic identification services and end user products used in the provision of those services on equal bases with other consumers.
Amendment 70 #
Proposal for a regulation
Recital 23
Recital 23
(23) In line with the obligations under the UN Convention on the Rights of Persons with Disabilities that has entered into force in the EU, and with respect to and in full compliance with Union legislation on accessibility of public sector bodies websites, persons with disabilities should be able to use trust services and electronic identification services and end user products used in the provision of those services on equal bases with other consumers.
Amendment 116 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The notifying Member States may only notify an electronic identification scheme by certification service-provider established in a third country, if that provider fulfils all of the requirements laid down in this regulation.
Amendment 133 #
Proposal for a regulation
Article 8 – paragraph 1 – point 1 a (new)
Article 8 – paragraph 1 – point 1 a (new)
1a. The Commission shall together with ENISA, take on a coordinating role. The opinion of ENISA, as an expert on privacy and trust issues and electronic identification, shall be requested by the Commission in order to ensure the technical interoperability of electronic identification and electronic trust service schemes.
Amendment 153 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Such agreements shall also ensure that requirements are also applicable to the trust service providers from third countries operating in the territory of the Union, while also meeting the requirements of mutual recognition of trust services.
Amendment 155 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Trust service providers and supervisory bodies shall ensure fair and lawful processing in accordance with Directive 95/46/EC when processing personal data, adhering to the principles of data minimization.
Amendment 175 #
Proposal for a regulation
Article 6 – paragraph 1a
Article 6 – paragraph 1a
(1a) The notifying Member States may only notify an electronic identification scheme by certification service-provider established in a third country, if that provider fulfils all of the requirements laid down in this Directive.
Amendment 230 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission may, by means of implementing acts, establish reference numbers of standards for trustworthy systems and products. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 246 #
Proposal for a regulation
Article 20 – paragraph 7
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 250 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for electronic signature. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 252 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified electronic signature creation devices. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 253 #
Proposal for a regulation
Article 23 – paragraph 1
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 255 #
Proposal for a regulation
Article 25 – paragraph 3
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 257 #
Proposal for a regulation
Article 26 – paragraph 2
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 258 #
Proposal for a regulation
Article 27 – paragraph 3
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 274 #
Proposal for a regulation
Article 28 – paragraph 7
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 277 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for electronic seal. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 282 #
Proposal for a regulation
Article 33 – paragraph 2
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 301 #
Proposal for a regulation
Article 36 – paragraph 2
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 304 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for website authentication. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 352 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission may, by means of implementing acts, establish reference numbers of standards for trustworthy systems and products. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this Regulation. 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.
Amendment 369 #
Proposal for a regulation
Article 20 – paragraph 7
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this Regulation. 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.
Amendment 373 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for electronic signature. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this Regulation. 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.
Amendment 376 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified electronic signature creation devices. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this Regulation. 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.
Amendment 377 #
Proposal for a regulation
Article 23 – paragraph 1
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this Regulation. 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.
Amendment 385 #
Proposal for a regulation
Article 25 – paragraph 3
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this Regulation. 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.
Amendment 388 #
Proposal for a regulation
Article 26 – paragraph 2
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this Regulation. 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.
Amendment 390 #
Proposal for a regulation
Article 27 – paragraph 3
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this regulation. 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.
Amendment 398 #
Proposal for a regulation
Article 28 – paragraph 7
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this Regulation. 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.
Amendment 405 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for electronic seal. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this Regulation. 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.
Amendment 416 #
Proposal for a regulation
Article 33 – paragraph 2
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this Regulation. 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.
Amendment 425 #
Proposal for a regulation
Article 36 – paragraph 2
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. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this Regulation. 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.
Amendment 428 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for website authentication. The Commission shall ensure, that stakeholder input is duly considered, preferably in form of an impact assessment, when defining standards to be used for the purpose of this Regulation. 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.