Sittings · Document
DRAFT OPINION (COM(2021)0281 – C90200/2021 – 2021/0136(COD)) 2022-04-29
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
Committee on Legal Affairs · Rapporteur: Pascal Arimont
AMENDMENTS
The Committee on Legal 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 7
| Text proposed by the Commission | Amendment |
| (7) It is necessary to set out the harmonised conditions for the establishment of a framework for European Digital Identity Wallets to be issued by Member States, which should empower all Union citizens and other residents as defined by national law to share securely data related to their identity in a user friendly and convenient way under the sole control of the user. Technologies used to achieve those objectives should be developed aiming towards the highest level of security, user convenience and wide usability. Member States should ensure equal access to digital identification to all their nationals and residents. | (7) It is necessary to set out the harmonised conditions for the establishment of a framework for European Digital Identity Wallets to be issued by Member States, which should empower all Union citizens and other residents as defined by national law to share securely data related to their identity in a user friendly and convenient way under the sole control of the user. Technologies used to achieve those objectives should be developed aiming towards the highest level of security, user convenience and wide usability. Member States should ensure equal access to digital identification to all their nationals and residents, including vulnerable persons, such as persons with disabilities, persons who experience functional limitations, such as elderly persons, and persons with limited access to digital technologies. |
Or. en
Amendment 2
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) All European Digital Identity Wallets should allow users to electronically identify and authenticate online and offline across borders for accessing a wide range of public and private services. Without prejudice to Member States’ prerogatives as regards the identification of their nationals and residents, Wallets can also serve the institutional needs of public administrations, international organisations and the Union’s institutions, bodies, offices and agencies. Offline use would be important in many sectors, including in the health sector where services are often provided through face-to-face interaction and ePrescriptions should be able to rely on QR-codes or similar technologies to verify authenticity. Relying on the level of assurance “high”, the European Digital Identity Wallets should benefit from the potential offered by tamper-proof solutions such as secure elements, to comply with the security requirements under this Regulation. The European Digital Identity Wallets should also allow users to create and use qualified electronic signatures and seals which are accepted across the EU. To achieve simplification and cost reduction benefits to persons and businesses across the EU, including by enabling powers of representation and e-mandates, Member States should issue European Digital Identity Wallets relying on common standards to ensure seamless interoperability and a high level of security. Only Member States’ competent authorities can provide a high degree of confidence in establishing the identity of a person and therefore provide assurance that the person claiming or asserting a particular identity is in fact the person he or she claims to be. It is therefore necessary that the European Digital Identity Wallets rely on the legal identity of citizens, other residents or legal entities. Trust in the European Digital Identity Wallets would be enhanced by the fact that issuing parties are required to implement appropriate technical and organisational measures to ensure a level of security commensurate to the risks raised for the rights and freedoms of the natural persons, in line with Regulation (EU) 2016/679. | (9) All European Digital Identity Wallets should allow users, in a manner that is transparent and traceable, to securely request and obtain, store, select, combine and share the necessary legal person identification data and electronic attestation of attributes, while ensuring that selective disclosure is possible, to electronically identify and authenticate online and offline across borders for accessing a wide range of public and private services, and to create and use qualified electronic signatures and seals which are accepted across the Union. Without prejudice to Member States’ prerogatives as regards the identification of their nationals and residents, Wallets can also serve the institutional needs of public administrations, international organisations and the Union’s institutions, bodies, offices and agencies. Offline use would be important in many sectors, including in the health sector where services are often provided through face-to-face interaction and ePrescriptions should be able to rely on QR-codes or similar technologies to verify authenticity. The European Digital Identity Wallet should also allow the user to consult the history of the transactions, transfer the wallet's data, restore the access on a different device and block access to the wallet in case of a security breach that leads to its suspension, revocation or withdrawal, and offer the possibility to contact support services of the wallet's issuer. Relying on the level of assurance “high”, the European Digital Identity Wallets should benefit from the potential offered by tamper-proof solutions such as secure elements, to comply with the security requirements under this Regulation. To achieve simplification and cost reduction benefits to persons and businesses across the EU, including by enabling powers of representation and e-mandates, Member States should issue European Digital Identity Wallets relying on common standards. Those European Digital Identity Wallets should be developed in a manner that ensures a high level of security, including the encryption of content. They should ensure their seamless interoperability by relying for instance on the use of open-source technology or reflecting the ability to function on major operating systems. Only Member States’ competent authorities can provide a high degree of confidence in establishing the identity of a person and therefore provide assurance that the person claiming or asserting a particular identity is in fact the person he or she claims to be. It is therefore necessary that the European Digital Identity Wallets rely on the legal identity of citizens, other residents or legal entities. Trust in the European Digital Identity Wallets would be enhanced by the fact that issuing parties are required to implement appropriate technical and organisational measures to ensure a level of security commensurate to the risks raised for the rights and freedoms of the natural persons, in line with Regulation (EU) 2016/679. |
Or. en
Amendment 3
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
| (17) Service providers use the identity data provided by the set of person identification data available from electronic identification schemes pursuant to Regulation (EU) No 910/2014 in order to match users from another Member State with the legal identity of that user. However, despite the use of the eIDAS data set, in many cases ensuring an accurate match requires additional information about the user and specific unique identification procedures at national level. To further support the usability of electronic identification means, this Regulation should require Member States to take specific measures to ensure a correct identity match in the process of electronic identification. For the same purpose, this Regulation should also extend the mandatory minimum data set and require the use of a unique and persistent electronic identifier in conformity with Union law in those cases where it is necessary to legally identify the user upon his/her request in a unique and persistent way. | (17) Service providers use the identity data provided by the set of person identification data available from electronic identification schemes pursuant to Regulation (EU) No 910/2014 in order to match users from another Member State with the legal identity of that user. However, despite the use of the eIDAS data set, in many cases ensuring an accurate match requires additional information about the user and specific unique identification procedures at national level. To further support the usability of electronic identification means, this Regulation should require Member States to take specific measures to ensure a correct identity match in the process of electronic identification. For the same purpose, this Regulation should also extend the mandatory minimum data set and should require the use of a unique and persistent electronic identifier in conformity with Union law only in those cases of cross-border identification where it is necessary to legally identify the user upon his/her request in a unique and persistent way. |
Or. en
Amendment 4
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
| (18) In line with Directive (EU) 2019/88222, persons with disabilities should be able to use the European digital identity wallets, trust services and end-user products used in the provision of those services on an equal basis with other users. | (18) In accordance with the accessibility requirements under Directive (EU) 2019/882 of the European Parliament and of the Council22, persons with disabilities and persons with functional limitations should be able to use the European digital identity wallets, trust services and end-user products used in the provision of those services on an equal basis with other users. |
| __________________ | __________________ |
| 22 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). | 22 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). |
Or. en
Amendment 5
Proposal for a regulation
Recital 21
| Text proposed by the Commission | Amendment |
| (21) This Regulation should build on Union acts ensuring contestable and fair markets in the digital sector. In particular, it builds on the Regulation XXX/XXXX [Digital Markets Act], which introduces rules for providers of core platform services designated as gatekeepers and, among others, prohibits gatekeepers to require business users to use, offer or interoperate with an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper. Article 6(1)(f) of the Regulation XXX/XXXX [Digital Markets Act] requires gatekeepers to allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services. According to Article 2 (15) of [Digital Markets Act] identification services constitute a type of ancillary services. Business users and providers of ancillary services should therefore be able to access such hardware or software features, such as secure elements in smartphones, and to interoperate with them through the European Digital Identity Wallets or Member States’ notified electronic identification means. | (21) This Regulation should rely on Regulation XXX/XXXX [Digital Markets Act], which, among others, requires gatekeepers to allow its business users to freely choose the identification service they want to use or interoperate with. This should cover European Digital Identity Wallets or Member States’ notified electronic identification means. |
Or. en
Amendment 6
Proposal for a regulation
Recital 28
| Text proposed by the Commission | Amendment |
| (28) Wide availability and usability of the European Digital Identity Wallets require their acceptance by private service providers. Private relying parties providing services in the areas of transport, energy, banking and financial services, social security, health, drinking water, postal services, digital infrastructure, education or telecommunications should accept the use of European Digital Identity Wallets for the provision of services where strong user authentication for online identification is required by national or Union law or by contractual obligation. Where very large online platforms as defined in Article 25.1. of Regulation [reference DSA Regulation] require users to authenticate to access online services, those platforms should be mandated to accept the use of European Digital Identity Wallets upon voluntary request of the user. Users should be under no obligation to use the wallet to access private services, but if they wish to do so, large online platforms should accept the European Digital Identity Wallet for this purpose while respecting the principle of data minimisation. Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service and economic transactions this is necessary to increase the protection of users from fraud and secure a high level of data protection. Self-regulatory codes of conduct at Union level (‘codes of conduct’) should be developed in order to contribute to wide availability and usability of electronic identification means including European Digital Identity Wallets within the scope of this Regulation. The codes of conduct should facilitate wide acceptance of electronic identification means including European Digital Identity Wallets by those service providers which do not qualify as very large platforms and which rely on third party electronic identification services for user authentication. They should be developed within 12 months of the adoption of this Regulation. The Commission should assess the effectiveness of these provisions for the availability and usability for the user of the European Digital Identity Wallets after 18 months of their deployment and revise the provisions to ensure their acceptance by means of delegated acts in the light of this assessment. | (28) Wide availability and usability of the European Digital Identity Wallets require their acceptance by private service providers. Private relying parties providing services in the areas of transport, energy, banking and financial services, social security, health, drinking water, postal services, digital infrastructure, education or telecommunications should accept the use of European Digital Identity Wallets for the provision of services in an easily accessible and a non-discriminatory manner where strong user authentication for online identification is required by national or Union law or by contractual obligation. However, unless specific rules of Union or national law require users to identify themselves for legal purposes, the use of services anonymously or under a pseudonym should be allowed and should not be restricted by Member States, for example by imposing a general obligation on service providers to limit the pseudonymous or anonymous use of their services. Where very large online platforms as defined in Article 25.1. of Regulation [reference DSA Regulation] require users to authenticate to access online services, those platforms should be mandated to accept the use of European Digital Identity Wallets upon voluntary request of the user. Users should be under no obligation to use the wallet to access private services and should not be restricted or hindered on account of not using the wallet. If they wish to do so, large online platforms should accept the European Digital Identity Wallet for this purpose while respecting the principle of data minimisation. Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service and economic transactions this is necessary to increase the protection of users from fraud and secure a high level of data protection. Self-regulatory codes of conduct at Union level (‘codes of conduct’) should be developed in order to contribute to wide availability and usability of electronic identification means including European Digital Identity Wallets within the scope of this Regulation. The codes of conduct should facilitate wide acceptance of electronic identification means including European Digital Identity Wallets by those service providers which do not qualify as very large platforms and which rely on third party electronic identification services for user authentication. They should be developed within 12 months of the adoption of this Regulation. The Commission should assess the effectiveness of these provisions for the availability and usability for the user of the European Digital Identity Wallets after 18 months of their deployment and revise the provisions to ensure their acceptance by means of delegated acts in the light of this assessment. |
Or. en
Amendment 7
Proposal for a regulation
Recital 32
| Text proposed by the Commission | Amendment |
| (32) Website authentication services provide users with assurance that there is a genuine and legitimate entity standing behind the website. Those services contribute to the building of trust and confidence in conducting business online, as users will have confidence in a website that has been authenticated. The use of website authentication services by websites is voluntary. However, in order for website authentication to become a means to increasing trust, providing a better experience for the user and furthering growth in the internal market, this Regulation lays down minimal security and liability obligations for the providers of website authentication services and their services. To that end, web-browsers should ensure support and interoperability with Qualified certificates for website authentication pursuant to Regulation (EU) No 910/2014. They should recognise and display Qualified certificates for website authentication to provide a high level of assurance, allowing website owners to assert their identity as owners of a website and users to identify the website owners with a high degree of certainty. To further promote their usage, public authorities in Member States should consider incorporating Qualified certificates for website authentication in their websites. | (32) Website authentication services provide users with assurance that there is a genuine and legitimate entity standing behind the website. Those services contribute to the building of trust and confidence in conducting business online, as users will have confidence in a website that has been authenticated. The use of website authentication services by websites is voluntary. However, in order for website authentication to become a means to increasing trust, providing a better experience for the user and furthering growth in the internal market, this Regulation lays down minimal security and liability obligations for the providers of website authentication services and their services. To that end, web-browsers should ensure support and interoperability with Qualified certificates for website authentication pursuant to Regulation (EU) No 910/2014. They should recognise and display Qualified certificates for website authentication to provide a high level of assurance, allowing website owners to assert their identity as owners of a website and users to identify the website owners with a high degree of certainty, in accordance with applicable provisions of Union law, such as Directive 2005/29/EC of the European Parliament and of the Council1a. To further promote their usage, public authorities in Member States should consider incorporating Qualified certificates for website authentication in their websites. |
| __________________ | |
| 1a Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p.22). |
Or. en
Amendment 8
Proposal for a regulation
Recital 36
| Text proposed by the Commission | Amendment |
| (36) In order to avoid fragmentation and barriers, due to diverging standards and technical restrictions, and to ensure a coordinated process to avoid endangering the implementation of the future European Digital Identity framework, a process for close and structured cooperation between the Commission, Member States and the private sector is needed. To achieve this objective, Member States should cooperate within the framework set out in the Commission Recommendation XXX/XXXX [Toolbox for a coordinated approach towards a European Digital Identity Framework]26 to identify a Toolbox for a European Digital Identity framework. The Toolbox should include a comprehensive technical architecture and reference framework, a set of common standards and technical references and a set of guidelines and descriptions of best practices covering at least all aspects of the functionalities and interoperability of the European Digital Identity Wallets including eSignatures and of the qualified trust service for attestation of attributes as laid out in this regulation. In this context, Member States should also reach agreement on common elements of a business model and fee structure of the European Digital Identity Wallets, to facilitate take up, in particular by small and medium sized companies in a cross-border context. The content of the toolbox should evolve in parallel with and reflect the outcome of the discussion and process of adoption of the European Digital Identity Framework. | (36) In order to avoid fragmentation and barriers, due to diverging standards and technical restrictions, and to ensure a coordinated process to avoid endangering the implementation of the future European Digital Identity framework, a process for close and structured cooperation between the Commission, Member States and the private sector is needed. To achieve this objective, Member States should cooperate within the framework set out in the Commission Recommendation XXX/XXXX [Toolbox for a coordinated approach towards a European Digital Identity Framework]26 to identify a Toolbox for a European Digital Identity framework. The Toolbox should include a comprehensive technical architecture and reference framework, a set of common standards, including recognised existing standards, and technical references and a set of guidelines and descriptions of best practices covering at least all aspects of the functionalities and interoperability of the European Digital Identity Wallets including eSignatures and of the qualified trust service for attestation of attributes as laid out in this regulation. In this context, Member States should also reach agreement on common elements of a business model and fee structure of the European Digital Identity Wallets, to facilitate take up, in particular by small and medium sized companies in a cross-border context. The content of the toolbox should evolve in parallel with and reflect the outcome of the discussion and process of adoption of the European Digital Identity Framework. |
| __________________ | __________________ |
| 26 [insert reference once adopted] | 26 [insert reference once adopted] |
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
| Text proposed by the Commission | Amendment |
| 1. This Regulation applies to electronic identification schemes that have been notified by a Member State, European Digital Identity Wallets issued by Member States and to trust service providers that are established in the Union.; | 1. This Regulation applies to electronic identification schemes that have been notified by a Member State, European Digital Identity Wallets issued by a Member State, under a mandate from a Member State or independently but recognised by a Member State, and to trust service providers that are established in the Union. |
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
| Text proposed by the Commission | Amendment |
| 3. This Regulation does not affect national or Union law related to the conclusion and validity of contracts or other legal or procedural obligations relating to sector specific requirements as regards form with underlying legal effects.; | 3. This Regulation does not affect national or Union law related to: |
| (a) the conclusion and validity of contracts or other legal or procedural obligations relating to form; or | |
| (b) sector specific requirements for qualified electronic attestation of attributes as regards form with underlying legal effects, in particular in the context of the cross-border recognition of qualified electronic attestation of attributes. |
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
| Text proposed by the Commission | Amendment |
| (2) ‘electronic identification means’ means a material and/or immaterial unit, including European Digital Identity Wallets or ID cards following Regulation 2019/1157, containing person identification data and which is used for authentication for an online or offline service;; | (2) ‘electronic identification means’ means a material and/or immaterial unit, including European Digital Identity Wallets or ID cards following Regulation 2019/1157, containing person identification data and which is used for authentication, online and offline, for public and private services; |
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
| Text proposed by the Commission | Amendment |
| (47) ‘electronic archiving’ means a service ensuring the receipt, storage, deletion and transmission of electronic data or documents in order to guarantee their integrity, the accuracy of their origin and legal features throughout the conservation period; | (47) ‘electronic archiving’ means a service ensuring the receipt, storage, conversion, deletion and transmission of electronic data or documents or the digitization of physical documents in order to guarantee their integrity, the accuracy of their origin and legal features throughout the conservation period; |
Or. en
Amendment 13
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 910/2014
Article 5
| Text proposed by the Commission | Amendment |
| Without prejudice to the legal effect given to pseudonyms under national law, the use of pseudonyms in electronic transactions shall not be prohibited.; | Without prejudice to the legal effect given to pseudonymous or anonymous use of services under national law and unless specific rules of Union or national law require users to identify themselves for legal purposes, the use of pseudonyms in electronic transactions or their anonymous use shall be permitted and shall not be restricted. |
Or. en
Amendment 14
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. European Digital Identity Wallets shall enable the user to: | 3. European Digital Identity Wallets shall enable the user in a manner that is transparent to and traceable by the user: |
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
| Text proposed by the Commission | Amendment |
| (a) securely request and obtain, store, select, combine and share, in a manner that is transparent to and traceable by the user, the necessary legal person identification data and electronic attestation of attributes to authenticate online and offline in order to use online public and private services; | (a) to securely request and obtain, store, select, combine and share the necessary legal person identification data and electronic attestation of attributes, while ensuring that selective disclosure is possible; |
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)
| Text proposed by the Commission | Amendment |
| (aa) to authenticate online and offline in order to use public and private services; and |
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
| Text proposed by the Commission | Amendment |
| (b) sign by means of qualified electronic signatures. | (b) to sign by means of qualified electronic signatures and to use qualified electronic seals. |
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
| Text proposed by the Commission | Amendment |
| (e) ensure that the person identification data referred to in Articles 12(4), point (d) uniquely and persistently represent the natural or legal person is associated with it. | (e) ensure that the person identification data referred to in Articles 12(4), point (d) uniquely and persistently represent the natural or legal person is associated with it; |
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)
| Text proposed by the Commission | Amendment |
| (ea) enable the user to access and request a copy, in a readable format, of the list of actions, transactions or uses of electronic attestations of attributes or person identification data, that have been authorized by the user; |
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)
| Text proposed by the Commission | Amendment |
| (eb) enable the user to transfer and restore the European Digital Identity Wallet's data, and to block the access to it in case of a security breach that leads to its suspension, revocation or withdrawal pursuant to Article 10a; |
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)
| Text proposed by the Commission | Amendment |
| (ec) ensure that the user is able to contact support services of the European Digital Identity Wallet issuer. |
Or. en
Amendment 22
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. The European Digital Identity Wallets shall be issued under a notified electronic identification scheme of level of assurance ‘high’. The use of the European Digital Identity Wallets shall be free of charge to natural persons. | 6. The European Digital Identity Wallets shall be issued under an electronic identification scheme of level of assurance ‘high’ notified pursuant to Article 9(1). The use of the European Digital Identity Wallets shall be free of charge to natural persons. |
Or. en
Amendment 23
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 10 a (new)
| Text proposed by the Commission | Amendment |
| 10a. Within 6 months of the entering into force of this Regulation, the Commission shall adopt delegated acts in accordance with Article 47 in order to supplement this Regulation by establishing technical and operational specifications for the requirements referred to in paragraphs 3, 4 and 5. |
Or. en
Amendment 24
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 11
| Text proposed by the Commission | Amendment |
| 11. Within 6 months of the entering into force of this Regulation, the Commission shall establish technical and operational specifications and reference standards for the requirements referred to in paragraphs 3, 4 and 5 by means of an implementing act on the implementation of the European Digital Identity Wallet. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 48(2). | 11. Within 6 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, establish reference standards for the requirements referred to in paragraphs 3, 4 and 5. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). |
Or. en
Amendment 25
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6b – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Within 6 months of the entering into force of this Regulation, the Commission shall establish technical and operational specifications for the requirements referred to in paragraphs 1 and 2 by means of an implementing act on the implementation of the European Digital Identity Wallets as referred to in Article 6a(10). | 4. Within 6 months of the entering into force of this Regulation, the Commission shall adopt delegated acts in accordance with Article 47 in order to supplement this Regulation by establishing technical and operational specifications for the requirements referred to in paragraphs 1 and 2. |
Or. en
Amendment 26
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6c – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Within 6 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, establish a list of standards for the certification of the European Digital Identity Wallets referred to in paragraph 3. | 4. Within 6 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, establish a list of standards for the certification of the European Digital Identity Wallets referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). |
Or. en
Amendment 27
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6d – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Within 6 months of the entering into force of this Regulation, the Commission shall define formats and procedures applicable for the purposes of paragraph 1. by means of an implementing act on the implementation of the European Digital Identity Wallets as referred to in Article 6a(10). | 3. Within 6 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, define formats and procedures applicable for the purposes of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). |
Or. en
Amendment 28
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) No 910/2014
Article 7 – introductory sentence
| Text proposed by the Commission | Amendment |
| Pursuant to Article 9(1) Member States shall notify, within 12 months after the entry into force of this Regulation at least one electronic identification scheme including at least one identification means:; | 1. Pursuant to Article 9(1) Member States shall notify, within 12 months after the entry into force of this Regulation at least one electronic identification scheme including at least the European Digital Identity Wallet issued pursuant to Article 6a. |
Or. en
Amendment 29
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) No 910/2014
Article 7 – paragaph 2 (new)
| Text proposed by the Commission | Amendment |
| 2. Member States may notify other electronic identification schemes, which shall be eligible for notification pursuant to Article 9(1) provided that all of the following conditions are met: |
Or. en
Amendment 30
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 910/2014
Article 9 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The Commission shall publish in the Official Journal of the European Union the amendments to the list referred to in paragraph 2 within one month from the date of receipt of that notification.; | 3. The Commission shall publish in the Official Journal of the European Union the amendments to the list referred to in paragraph 2 within one month from the date of receipt of a new notification by a Member State. |
Or. en
Amendment 31
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) No 910/2014
Article 10a – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Within 6 months of the entering into force of this Regulation, the Commission shall further specify the measures referred to in paragraphs 1 and 3 by means of an implementing act on the implementation of the European Digital Identity Wallets as referred to in Article 6a(10). | 5. Within 6 months of the entering into force of this Regulation, the Commission shall adopt delegated acts in accordance with Article 47 in order to supplement this Regulation by further specifying the measures referred to in paragraphs 1 and 3. |
Or. en
Amendment 32
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 910/2014
Article 11a – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Member States shall, for the purposes of this Regulation, include in the minimum set of person identification data referred to in Article 12.4.(d), a unique and persistent identifier in conformity with Union law, to identify the user upon their request in those cases where identification of the user is required by law. | 2. Member States shall, for the purposes of this Regulation, include in the minimum set of person identification data referred to in Article 12.4.(d), a unique and persistent identifier in conformity with Union law, to identify the user upon their request only in those cross-border cases where identification of the user is required by law. |
Or. en
Amendment 33
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 910/2014
Article 11a – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Within 6 months of the entering into force of this Regulation, the Commission shall further specify the measures referred to in paragraph 1 and 2 by means of an implementing act on the implementation of the European Digital Identity Wallets as referred to in Article 6a(10). | 3. Within 6 months of the entering into force of this Regulation, the Commission shall adopt delegated acts in accordance with Article 47 in order to supplement this Regulation by further specifying the measures referred to in paragraphs 1 and 2. |
Or. en
Amendment 34
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EU) No 910/2014
Article 12b – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Where private relying parties providing services are required by national or Union law, to use strong user authentication for online identification, or where strong user authentication is required by contractual obligation, including in the areas of transport, energy, banking and financial services, social security, health, drinking water, postal services, digital infrastructure, education or telecommunications, private relying parties shall also accept the use of European Digital Identity Wallets issued in accordance with Article 6a. | 2. Where private relying parties providing services are required by national or Union law, to use strong user authentication for online identification, or where strong user authentication is required by contractual obligation, including in the areas of transport, energy, banking and financial services, social security, health, drinking water, postal services, digital infrastructure, education or telecommunications, private relying parties shall also accept in an easily accessible and a non-discriminatory manner the use of European Digital Identity Wallets issued in accordance with Article 6a. |
Or. en
Amendment 35
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EU) No 910/2014
Article 12b – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. For the purposes of this Article, European Digital Identity Wallets shall not be subject to the requirements referred to in articles 7 and 9. | 6. European Digital Identity Wallets shall not be subject to the requirements referred to in articles 7 and 9, without prejudice to the obligation to notify, pursuant to Article 9(1), the electronic identification scheme under which the European Digital Identity Wallets are issued. |
Or. en
Amendment 36
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point c
Regulation (EU) No 910/2014
Article 17 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Within 12 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, further specify the tasks of the Supervisory Authorities referred to in paragraph 4 and define the formats and procedures for the report referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).; | 8. Within 12 months of the entering into force of this Regulation, the Commission shall adopt delegated acts in accordance with Article 47 in order to supplement this Regulation by further specifying the tasks of the supervisory bodies referred to in paragraph 4. |
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)
| Text proposed by the Commission | Amendment |
| 8a. Within 12 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, define the formats and procedures for the report referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). |
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
| Text proposed by the Commission | Amendment |
| 1. Supervisory bodies shall cooperate with a view to exchanging good practice and information regarding the provision of trust services.; | 1. Supervisory bodies shall cooperate with a view to exchanging good practice and information and providing mutual assistance regarding the provision of trust services. |
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
| Text proposed by the Commission | Amendment |
| 5. Within 12 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, establish the necessary procedural arrangements to facilitate the cooperation between the Supervisory Authorities referred to in paragraph 1.; | 5. Within 12 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, establish the necessary procedural arrangements to facilitate the cooperation between the supervisory bodies referred to in paragraph 1.Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). |
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
| Text proposed by the Commission | Amendment |
| where that provider does not provide a remedy and, where applicable within the time limit set by the supervisory body, the supervisory body, taking into account in particular, the extent, duration and consequences of that failure, may withdraw the qualified status of that provider or of the service concerned which it provides and, request it, where applicable within a set time limit, to comply with the requirements of Directive XXXX/XXXX[NIS2]. The supervisory body shall inform the body referred to in Article 22(3) for the purposes of updating the trusted lists referred to in Article 22(1). | Where that provider does not provide a remedy and, where applicable within the time limit set by the supervisory body, the supervisory body, taking into account in particular, the extent, duration and consequences of that failure, may withdraw the qualified status of that provider or of the service concerned which it provides. The supervisory body shall inform the body referred to in Article 22(3) for the purposes of updating the trusted lists referred to in Article 22(1). |
| Where the supervisory body is informed by the national competent authorities under Directive (EU) XXXX/XXXX of the European Parliament and of the Council [NIS2] that the qualified trust service provider fails to fulfil any of the requirements set out in Article 18 of Directive (EU) XXXX/XXXX [NIS2], the supervisory body, taking into account in particular, the extent, duration and consequences of that failure, may withdraw the qualified status of that provider or of the service concerned which it provides. |
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
| Text proposed by the Commission | Amendment |
| Where the supervisory body concludes that the trust service provider and the trust services provided by it comply with the requirements referred to in the first subparagraph, the supervisory body shall grant qualified status to the trust service provider and the trust services it provides and inform the body referred to in Article 22(3) for the purposes of updating the trusted lists referred to in Article 22(1), not later than three months after notification in accordance with paragraph 1 of this Article. | Where the supervisory body concludes, on the basis of the verification it conducts and the information received from the national competent authorities under Directive (EU) XXXX/XXXX of the European Parliament and of the Council [NIS2], that the trust service provider and the trust services provided by it comply with the requirements referred to in the first and second subparagraphs, the supervisory body shall grant qualified status to the trust service provider and the trust services it provides and inform the body referred to in Article 22(3) for the purposes of updating the trusted lists referred to in Article 22(1), not later than three months after notification in accordance with paragraph 1 of this Article. |
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)
| Text proposed by the Commission | Amendment |
| (aa) the following paragraph is inserted: | |
| ‘1a. Within 12 months of the entering into force of this Regulation, the Commission shall adopt delegated acts in accordance with Article 47 in order to supplement this Regulation by laying down minimum technical specifications with respect to the verification of identity and attributes in accordance with paragraph 1, point (c).’; |
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
| Text proposed by the Commission | Amendment |
| (b) the following paragraph 1a is inserted: | (b) the following paragraph 1b is inserted: |
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
| Text proposed by the Commission | Amendment |
| 1a. Within 12 months after the entry into force of this Regulation, the Commission shall by means of implementing acts, set out minimum technical specifications, standards and procedures with respect to the verification of identity and attributes in accordance with paragraph 1, point c. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).; | 1b. Within 12 months after the entry into force of this Regulation, the Commission shall by means of implementing acts, set out standards and procedures with respect to the verification of identity and attributes in accordance with paragraph 1, point c. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).; |
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
| Text proposed by the Commission | Amendment |
| 5. Within 12 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, establish reference numbers of standards for the requirements referred to in paragraph 2. compliance with the requirements laid down in this Article 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 48(2).; | 5. Within 12 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, establish reference numbers of standards for the requirements referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).; |
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)
| Text proposed by the Commission | Amendment |
| (ea) the following paragraph is inserted: | |
| ‘5a. Compliance with the requirements laid down in this Article shall be presumed where trustworthy systems and products meet the reference numbers of standards referred to in paragraph 5.’; |
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
| Text proposed by the Commission | Amendment |
| 6. The Commission shall be empowered to adopt delegated acts regarding the additional measures referred to in paragraph 2(fa).; | 6. The Commission shall be empowered to adopt delegated acts in accordance with Article 47 supplementing this Regulation regarding the measures referred to in paragraph 2, point (fa). |
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)
| Text proposed by the Commission | Amendment |
| 1a. Within 12 months of the entering into force of this Regulation, the Commission shall adopt delegated acts in accordance with Article 47 in order to supplement this Regulation by establishing technical specifications for the purposes of paragraph 1. |
Or. en
Amendment 49
Proposal for a regulation
Article 1 – paragraph 1 – point 28
Regulation (EU) No 910/2014
Article 29a – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Within 12 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, establish technical specifications and reference numbers of standards for the purposes of paragraph 1.; | 2. Within 12 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, establish reference numbers of standards for the purposes of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). |
Or. en
Amendment 50
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EU) No 910/2014
Article 45 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Qualified certificates for website authentication referred to in paragraph 1 shall be recognised by web-browsers. For those purposes web-browsers shall ensure that the identity data provided using any of the methods is displayed in a user friendly manner. Web-browsers shall ensure support and interoperability with qualified certificates for website authentication referred to in paragraph 1, with the exception of enterprises, considered to be microenterprises and small enterprises in accordance with Commission Recommendation 2003/361/EC in the first 5 years of operating as providers of web-browsing services. | 2. Qualified certificates for website authentication referred to in paragraph 1 shall be recognised by web-browsers. For those purposes web-browsers shall ensure that the identity data provided using any of the methods is displayed in a user friendly manner and in accordance with Directive 2005/29/EC. Web-browsers shall ensure support and interoperability with qualified certificates for website authentication referred to in paragraph 1, with the exception of enterprises, considered to be microenterprises and small enterprises in accordance with Commission Recommendation 2003/361/EC in the first 5 years of operating as providers of web-browsing services. |
Or. en
Amendment 51
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EU) No 910/2014
Article 45 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. Within 12 months of the entering into force of this Regulation, the Commission shall adopt delegated acts in accordance with Article 47 in order to supplement this Regulation by establishing specifications for qualified certificates for website authentication referred to in paragraph 1. |
Or. en
Amendment 52
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EU) No 910/2014
Article 45 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Within 12 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, provide the specifications and reference numbers of standards for qualified certificates for website authentication referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).; | 3. Within 12 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, provide the reference numbers of standards for qualified certificates for website authentication referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). |
Or. en
Amendment 53
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Regulation (EU) No 910/2014
Articler 45a – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. An electronic attestation of attributes shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form. | 1. An electronic attestation of attributes shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form or that it does not meet the requirements for qualified electronic attestations of attributes. |
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)
| Text proposed by the Commission | Amendment |
| 3a. Where a qualified electronic attestation of attributes has been suspended after initial issuance, it shall lose its validity for the duration of the suspension. |
Or. en
Amendment 55
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Regulation (EU) No 910/2014
Article 45c – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Within 6 months of the entering into force of this Regulation, the Commission shall establish reference numbers of standards for qualified electronic attestations of attributes by means of an implementing act on the implementation of the European Digital Identity Wallets as referred to in Article 6a(10). | 4. Within 6 months of the entering into force of this Regulation, the Commission shall, by means of implementing acts, establish reference numbers of standards for qualified electronic attestations of attributes. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). |
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)
| Text proposed by the Commission | Amendment |
| 1a. Within 6 months of the entering into force of this Regulation, taking into account relevant international standards, the Commission shall adopt delegated acts in accordance with Article 47 in order to supplement this Regulation by laying down minimum technical specifications with reference to the catalogue of attributes and schemes for the attestation of attributes and verification procedures for qualified electronic attestations of attributes. |
Or. en
Amendment 57
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Regulation (EU) No 910/2014
Article 45d – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Within 6 months of the entering into force of this Regulation, taking into account relevant international standards, the Commission shall set out the minimum technical specifications, standards and procedures with reference to the catalogue of attributes and schemes for the attestation of attributes and verification procedures for qualified electronic attestations of attributes by means of an implementing act on the implementation of the European Digital Identity Wallets as referred to in Article 6a(10). | 2. Within 6 months of the entering into force of this Regulation, taking into account relevant international standards, the Commission shall by means of implementing acts, set out the standards and procedures with reference to the catalogue of attributes and schemes for the attestation of attributes and verification procedures for qualified electronic attestations of attributes. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). |
Or. en
Amendment 58
Proposal for a regulation
Article 1 – paragraph 1 – point 39 a (new)
Regulation (EU) No 910/2014
Article 47
| Text proposed by the Commission | Amendment |
| (39a) Article 47 is amended as follows: | |
| (a) the following paragraph 2a is inserted: | |
| ‘2a. The power to adopt delegated acts referred to in Article 6a(10a), Article 6b(4), Article 6c(6), Article 10a(5), Article 11a(3), Article12b(5), Article 17(8), Article 24 (1a), Article 24(6), Article 29a(1a), Article 45(2a) and Article 45d(1a) shall be conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this Regulation].’; | |
| (b) paragraph 3 is replaced by the following: | |
| ‘3. The delegation of power referred to in Article 6a(10a), Article 6b(4), Article 6c(6), Article 10a(5), Article 11a(3), Article12b(5), Article 17(8), Article 24 (1a), Article 24(6), Article 29a(1a), Article 30(4), Article 45(2a) and Article 45d(1a) 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.’ | |
| (c) paragraph 5 is replaced by the following: | |
| ‘5. A delegated act adopted pursuant to Article 6a(10a), Article 6b(4), Article 6c(6), Article 10a(5), Article 11a(3), Article12b(5), Article 17(8), Article 24 (1a), Article 24(6), Article 29a(1a), Article 30(4), Article 45(2a) or Article 45d(1a) 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.’; |
Or. en