Date: 2018-12-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Regulation (EU) 2018/2056 of 6 December 2018 amending Regulation (EU) No 216/2013 on the electronic publication of the Official Journal of the European Union
Executive Summary:
Council Regulation (EU) 2018/2056 amends Regulation (EU) No 216/2013 regarding the electronic publication of the Official Journal of the European Union. The amendment allows for authentication of the electronic Official Journal using either a qualified electronic signature or a qualified electronic seal. This regulation enters into force twenty days after its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Amendment to Regulation (EU) No 216/2013:**
* Article 2, paragraph 1 of Regulation (EU) No 216/2013 is replaced.
* The electronic edition of the Official Journal can now bear either a qualified electronic signature or a qualified electronic seal, both defined in accordance with Regulation (EU) No 910/2014.
* Qualified certificates for electronic signatures or seals, and their renewals, will be published on the EUR-Lex website.
* This allows public verification of the qualified electronic signature or seal, and the authenticity of the electronic edition of the Official Journal.
* **Entry into Force:**
* The regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union.
* The regulation is binding in its entirety and directly applicable in all Member States.
Impact Analysis:
* **European Union Council:**
* Impact: The Council has adopted the amending regulation to update the authentication process for the electronic Official Journal.
* Action Required: Ensure the amended regulation is implemented and followed.
* **European Parliament:**
* Impact: The Parliament's consent was required for adopting this regulation, and it plays a role in the broader legal framework for electronic signatures and seals.
* Action Required: Be aware of the changes to the regulation concerning the electronic publication of the Official Journal.
* **European Commission:**
* Impact: The Commission proposed the regulation and is responsible for overseeing its implementation.
* Action Required: Ensure the electronic publication of the Official Journal aligns with the amended regulation, including the use of qualified electronic signatures or seals.
* **Member States:**
* Impact: The regulation is directly applicable in all Member States, requiring compliance with the updated authentication methods for the electronic Official Journal.
* Action Required: Implement the regulation and ensure relevant authorities are aware of the changes regarding electronic signatures and seals for the Official Journal.
* **EURLex Website Administrators:**
* Impact: Responsible for publishing qualified certificates and renewals for electronic signatures and seals used to authenticate the Official Journal.
* Action Required: Implement processes to publish and maintain qualified certificates and renewals on the EUR-Lex website.
* **Public / Users of the Official Journal:**
* Impact: Can now verify the authenticity of the electronic Official Journal using either qualified electronic signatures or seals.
* Action Required: Utilize the published certificates on the EUR-Lex website to verify the authenticity of the electronic Official Journal.
Key Entities Referenced
COUNCIL REGULATION (EU) 2018/2056: Council Regulation amending Regulation (EU) No 216/2013 on the electronic publication of the Official Journal of the European Union.
Official Journal of the European Union: The official gazette of record for the European Union.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, defining its scope and governance.
European Commission: The executive branch of the European Union, responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day operations.
European Parliament: The directly elected parliamentary body of the European Union with legislative, supervisory, and budgetary responsibilities.
Council Regulation (EU) No 216/2013: Regulation on the electronic publication of the Official Journal of the European Union.
Directive 1999/93/EC: Directive of the European Parliament and of the Council on a Community framework for electronic signatures.
Regulation (EU) No 910/2014: Regulation of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.
27.12.2018 EN Official Journal of the European Union L 329/1
I
(Legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) 2018/2056
of 6 December 2018
amending Regulation (EU) No 216/2013 on the electronic publication of the Official Journal of the
European Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 352 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the consent of the European Parliament,
Acting in accordance with a special legislative procedure,
Whereas:
(1) Council Regulation (EU) No 216/2013 (1) provides that the electronic edition of the Official Journal is to bear an
advanced electronic signature based on a qualified certificate and created with a secure-signature-creation device,
in accordance with Directive 1999/93/EC of the European Parliament and of the Council (2).
(2) Regulation (EU) No 910/2014 of the European Parliament and of the Council (3) lays down a legal framework for
electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic registered delivery
services and certificate services for website authentication.
(3) Authentication by electronic seal offers comparable guarantees as those provided by electronic signature. The use
of an electronic seal to authenticate the Official Journal would accelerate the procedure for the publication of the
Official Journal on the EUR-Lex website.
(4) Regulation (EU) No 216/2013 should therefore be amended,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 2 of Regulation (EU) No 216/2013, paragraph 1 is replaced by the following:
‘1. The electronic edition of the Official Journal shall bear a qualified electronic signature defined in accordance
with Regulation (EU) No 910/2014 of the European Parliament and of the Council (*), or a qualified electronic seal
defined in accordance with Regulation (EU) No 910/2014. Qualified certificates for electronic signature or for
(1) Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union
(OJ L 69, 13.3.2013, p. 1).
(2) Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic
signatures (OJ L 13, 19.1.2000, p. 12).
(3) Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust
services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).L 329/2 EN Official Journal of the European Union 27.12.2018
electronic seal and renewals thereof shall be published on the EUR-Lex website to allow the public to verify the
qualified electronic signature or qualified electronic seal and the authenticity of the electronic edition of the Official
Journal.
(*) Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic
identification and trust services for electronic transactions in the internal market and repealing Directive
1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 December 2018.
For the Council
The President
H. KICKL