Division 6.1 Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures

As regards Directive 1999/93/EC, the Commission should be empowered to establish criteria for Member States to determine whether a body should be designated to determine the conformity of secure signature-creation-devices with the requirements laid down in Annex III. Since those measures are of general scope and are designed to amend non-essential elements of Directive 1999/93/EC by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 1999/93/EC is hereby amended as follows:

1. 1..

   in Article 3(4), the first subparagraph shall be replaced by the following:

   ‘The conformity of secure signature-creation-devices with the requirements laid down in Annex III shall be determined by appropriate public or private bodies designated by Member States. The Commission shall establish criteria for Member States to determine whether a body should be so designated. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(3).’;

2. 2..

   in Article 3(5), the words ‘in Article 9’ shall be replaced by the words ‘in Article 9(2)’;

3. 3..

   Article 9 shall be replaced by the following:

   ‘Committee procedure

   Article 9

   1.

   The Commission shall be assisted by the Electronic-Signature Committee.

   2.

   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

   The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at three months.

   3.

   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’