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From · opinion parliamentary committee draft · 2022-02-08 IMCO-PA-704865 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity

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To · opinion parliamentary committee draft · 2022-04-29 JURI-PA-731697 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity

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~~SHORT JUSTIFICATION~~

In June 2021, as part of the “Europe Fit for the Digital Age” package, the European Commission proposed a Regulation amending Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation). This new proposal for an amending Regulation on a framework for a European Digital Identity is an important step towards European integration and a very significant contribution to the prosperity and development of the EU Digital Single Market. Enabling our citizens to prove their identity so they can access online public administrations, private services or simply to attest a personal identity attribute, such as medical certificates, professional qualifications or driving licences, means that we are bridging the digital gap between Member States and finally getting rid of the digital identity “border”. Nevertheless, this draft opinion aims at improving the content of this proposal in light of the digital transition.

The COVID-19 pandemic has had a unique catalysing effect on the digital transition. As a consequence, the demand for means to identify and authenticate online, as well as to digitally exchange information related to our identity with high security and privacy standards, has increased across Europe. At present, eIDAS is the EU’s only cross-border framework for trusted electronic identification (eID) of natural and legal persons, and trust services. The new European Digital Identity Wallets, a key aspect of the proposal, will enable all European citizens, consumers and businesses, to securely access services online without having to use identification means currently offered by big platforms for example or unnecessarily share personal data. With this solution, users will have full control of the data they share, ensuring a high level of consumer protection The proposed Regulation also aspires to provide effective access to trusted and secure digital identity solutions with cross-border operability in order to address the demands of citizens and the market more broadly. Public and private services alike will be able to safely rely on digital identity solutions, again crucially across borders within the Union.

As rapporteur for the IMCO Committee, I regard the implementation of a cross-border legal framework for trusted digital identities to be an essential tool to strengthen the European Single Market and consumer protection, in an increasingly digital worldwide economy. The current situation with weak or non-existent digital verification represents a considerable burden both in terms of cost and bureaucracy - on average, businesses in Europe spend six to seven weeks verifying the identity of potential business partners or clients before starting to conduct business. This is compounded by the differing operational and regulatory requirements across Member States.

This revision presents an opportunity to bring about a situation in which European citizens and consumers, already often working cross-border on a daily basis, can use medical prescriptions in neighbouring countries to buy medicines or easily rent a car; move around for work and easily register in a new country without unnecessary administrative burden; and, particularly in the case of our elderly citizens, feel at ease knowing they can prove their identity in any European hospital. As rapporteur, I firmly believe that these goals can be facilitated with a cross-border eID, which would effectively take on the role of a passport for the digital world. This is the time to keep our ambitions high, and to ensure the swift and effective implementation of a user-friendly service that will empower our citizens by giving them full control of the data they share, when accessing both public and private online services in the EU.

AMENDMENTS

The Committee on ~~the Internal Market and Consumer~~Legal ~~Protection~~Affairs calls on the Committee on Industry, Research and Energy, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 97

Or. en

~~Justification~~

To take into account also software-based technologies. Software-based security not relying on a specific hardware or a specific telecom provider could enable significantly shorter supply chains as well as better digital sovereignty of the EU. This kind of technology also enables more flexible mitigation of any usability flaw or security risk, since there is no need to replace any physical component.

Amendment 2

Proposal for a regulation

~~Article 1 – paragraph 1 – point 1~~

Recital 9

~~Regulation (EU) 910/2014~~

~~Article 1 – paragraph 1 – point a~~

Or. en

~~Justification~~

~~This is a linguistic remark for the text to be coherent with the specified provisions in this article.~~

Amendment 3

Proposal for a regulation

~~Article 1 – paragraph 1 – point 7~~

Recital 17

~~Regulation (EU) 910/2014~~

~~Article 6a – paragraph 1~~

Or. en

~~Justification~~

~~To highlight the impact of the Digital Identity Wallets on the Digital Single Market, while underscoring consumers’ control over these services.~~

Amendment 4

Proposal for a regulation

~~Article 1 – paragraph 1 – point 7~~

Recital 18

~~Regulation (EU) 910/2014~~

~~Article 6a – paragraph 3 – point b a (new)~~

Or. en

~~Justification~~

~~This addition emphasizes the importance for users to securely use their identities when utilizing Digital Identity Wallets cross-border and cross-sector.~~

Amendment 5

Proposal for a regulation

Recital 21

Or. en

Amendment 6

Proposal for a regulation

Recital 28

Or. en

Amendment 7

Proposal for a regulation

Recital 32

Or. en

Amendment 8

Proposal for a regulation

Recital 36

Or. en

Amendment 9

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point a

Regulation (EU) No 910/2014

Article 2 – paragraph 1

Or. en

Amendment 10

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point b

Regulation (EU) No 910/2014

Article 2 – paragraph 3

Or. en

Amendment 11

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point a

Regulation (EU) No 910/2014

Article 3 – point 2

Or. en

Amendment 12

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point i

Regulation (EU) No 910/2014

Article 3 – point 47

Or. en

Amendment 13

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EU) No 910/2014

Article 5

Or. en

Amendment 14

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6a – paragraph 3

Or. en

Amendment 15

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6a – paragraph 3 – point a

Or. en

Amendment 16

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6a – paragraph 3 – point a a (new)

Or. en

Amendment 17

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6a – paragraph 3 – point b

Or. en

Amendment 18

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6a – paragraph 4 – point e

Or. en

Amendment 19

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6a – paragraph 4 – point e a (new)

Or. en

Amendment 20

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6a – paragraph 4 – point e b (new)

Or. en

Amendment 21

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6a – paragraph 4 – point e c (new)

Or. en

Amendment 22

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6a – paragraph 6

Or. en

~~Justification~~

Amendment 23

~~To stress that the Digital Identity Wallets are free of charge to all users and without discrimination, Article 6 (a) paragraph 6 has been split into paragraphs 6 and 6a.~~

~~Amendment 6~~

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6a – paragraph 610 a (new)

Or. en

~~Justification~~

Amendment 24

~~To stress that the Digital Identity Wallets are free of charge to all users and without discrimination. Article 6 (a) paragraph 6 has been split into paragraphs 6 and 6a.~~

~~Amendment 7~~

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6a – paragraph 11

Or. en

Amendment 25

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6b – paragraph 4

Or. en

Amendment 26

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6c – paragraph 4

Or. en

Amendment 27

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 910/2014

Article 6d – paragraph 3

Or. en

Amendment 28

Proposal for a regulation

Article 1 – paragraph 1 – point 9

Regulation (EU) No 910/2014

Article 7 – ~~paragraph 1 –~~ introductory ~~part~~sentence

Or. en

~~Justification~~

Amendment 29

~~It is necessary to clarify that the list of conditions is cumulative, in line with the introductory sentence of Article 7, paragraph 1, of the eIDAS Regulation.~~

~~Amendment 8~~

Proposal for a regulation

Article 1 – paragraph 1 – point 9

Regulation (EU) No 910/2014

Article 7 – paragaph 2 (new)

Or. en

Amendment 30

Proposal for a regulation

Article 1 – paragraph 1 – point 10

Regulation (EU) No 910/2014

Article 9 – paragraph 23

Or. en

~~Justification~~

Amendment 31

~~It is necessary to ensure a swift publication of the notified national eID schemes by the Commission.~~

~~Amendment 9~~

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EU) No 910/2014

Article 10a – paragraph 5

Or. en

Amendment 32

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EU) No 910/2014

Article 11a – paragraph 2

Or. en

Amendment 33

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EU) No 910/2014

Article 11a – paragraph 3

Or. en

Amendment 34

Proposal for a regulation

Article 1 – paragraph 1 – point 16

Regulation (EU) No 910/2014

Article 12b – paragraph 2

Or. en

~~Justification~~

Amendment 35

~~To include professional qualifications not covered by education.~~

~~Amendment 10~~

Proposal for a regulation

Article 1 – paragraph 1 – point 16

Regulation (EU) No 910/2014

Article ~~12c~~12b – paragraph ~~1 – subparagraph 1 – introductory part~~6

Or. en

~~Justification~~

Amendment 36

~~To harmonise the text.~~

~~Amendment 11~~

Proposal for a regulation

Article 1 – paragraph 1 – point 20 – point c

Regulation (EU) No 910/2014

Article 17 – paragraph 8

Or. en

Amendment 37

Proposal for a regulation

Article 1 – paragraph 1 – point 20 – point c

Regulation (EU) No 910/2014

Article 17 – paragraph 8 a (new)

Or. en

Amendment 38

Proposal for a regulation

Article 1 – paragraph 1 – point 21 – point b

Regulation (EU) No 910/2014

Article 18 – paragraph 1

Or. en

Amendment 39

Proposal for a regulation

Article 1 – paragraph 1 – point 21 – point c

Regulation (EU) No 910/2014

Article 18 – paragraph 5

Or. en

Amendment 40

Proposal for a regulation

Article 1 – paragraph 1 – point 22 – point c

Regulation (EU) No 910/2014

Article 20 – paragraph 3 –subparagraph 2

Or. en

Amendment 41

Proposal for a regulation

Article 1 – paragraph 1 – point 23 – point a

Regulation (EU) No 910/2014

Article 21 – paragraph 3 – subparagraph 3

Or. en

Amendment 42

Proposal for a regulation

Article 1 – paragraph 1 – point 25 – point a a (new)

Regulation (EU) No 910/2014

Article 24 – paragraph 1 a (new)

Or. en

Amendment 43

Proposal for a regulation

Article 1 – paragraph 1 – point 25 – point b – introductory part

Regulation (EU) No 910/2014

Article 24 – paragraph 1 b

Or. en

Amendment 44

Proposal for a regulation

Article 1 – paragraph 1 – point 25 – point b

Regulation (EU) No 910/2014

Article 24 – paragraph 1b

Or. en

Amendment 45

Proposal for a regulation

Article 1 – paragraph 1 – point 25 – point e

Regulation (EU) No 910/2014

Article 24 – paragraph 5

Or. en

Amendment 46

Proposal for a regulation

Article 1 – paragraph 1 – point 25 – point e a (new)

Regulation (EU) No 910/2014

Article 24 – paragraph 5 a (new)

Or. en

Amendment 47

Proposal for a regulation

Article 1 – paragraph 1 – point 25 – point f

Regulation (EU) No 910/2014

Article 24 – paragraph 6

Or. en

Amendment 48

Proposal for a regulation

Article 1 – paragraph 1 – point 28

Regulation (EU) No 910/2014

Article 29a – paragraph 1 a (new)

Or. en

Amendment 49

Proposal for a regulation

Article 1 – paragraph 1 – point 28

Regulation (EU) No 910/2014

Article 29a – paragraph 2

Or. en

Amendment 50

Proposal for a regulation

Article 1 – paragraph 1 – point 38

Regulation (EU) No 910/2014

Article 45 – paragraph 12

Or. en

~~Justification~~

Amendment 51

~~Linguistic improvement.~~

Proposal for a regulation

~~ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT~~

Article 1 – paragraph 1 – point 38

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft opinion:

Regulation (EU) No 910/2014

Article 45 – paragraph 2 a (new)

Or. en

Amendment 52

Proposal for a regulation

Article 1 – paragraph 1 – point 38

Regulation (EU) No 910/2014

Article 45 – paragraph 3

Or. en

Amendment 53

Proposal for a regulation

Article 1 – paragraph 1 – point 39

Regulation (EU) No 910/2014

Articler 45a – paragraph 1

Or. en

Amendment 54

Proposal for a regulation

Article 1 – paragraph 1 – point 39

Regulation (EU) No 910/2014

Article 45c – paragraph 3 a (new)

Or. en

Amendment 55

Proposal for a regulation

Article 1 – paragraph 1 – point 39

Regulation (EU) No 910/2014

Article 45c – paragraph 4

Or. en

Amendment 56

Proposal for a regulation

Article 1 – paragraph 1 – point 39

Regulation (EU) No 910/2014

Article 45d – paragraph 1 a (new)

Or. en

Amendment 57

Proposal for a regulation

Article 1 – paragraph 1 – point 39

Regulation (EU) No 910/2014

Article 45d – paragraph 2

Or. en

Amendment 58

Proposal for a regulation

Article 1 – paragraph 1 – point 39 a (new)

Regulation (EU) No 910/2014

Article 47

Or. en