Regulation (EC) No 1137/2008 of the European Parliament and of the CouncilDangos y teitl llawn

6. INFORMATION SOCIETY U.K.

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(1) U.K.

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.

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.

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

3.

Article 9 shall be replaced by the following:

‘Article 9 Committee procedure

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.’

6.2. Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the.eu Top Level Domain(2) U.K.

As regards Regulation (EC) No 733/2002, the Commission should be empowered to establish the criteria and the procedure for the designation of the Registry and to adopt public policy rules concerning the implementation and function of the.eu Top Level Domain (TLD) and public policy principles on registration. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 733/2002 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.

When, on imperative grounds of urgency, the normal time limits for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the adoption of the criteria and of the procedure for the designation of the Registry.

Accordingly, Regulation (EC) No 733/2002 is hereby amended as follows:

1.

Article 3(1)(a) shall be replaced by the following:

‘(a)

establish the criteria and the procedure for the designation of the Registry. That measure, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 6(3). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 6(4).’;

2.

Article 5(1) shall be replaced by the following:

‘1. After consulting the Registry, the Commission shall adopt public policy rules concerning the implementation and function of the.eu TLD and public policy principles on registration. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 6(3).

Public policy shall include:

(a)

an extra-judicial settlement of conflicts policy;

(b)

public policy on speculative and abusive registration of domain names, including the possibility of registration of domain names in a phased manner to ensure appropriate temporary opportunities for the holders of prior rights recognised or established by national and/or Community law and public bodies to register their names;

(c)

policy on possible revocation of domain names, including the question of bona vacantia;

(d)

issues of language and geographical concepts;

(e)

treatment of intellectual property and other rights.’;

3.

Article 6 shall be replaced by the following:

‘Article 6 Committee procedure

1. The Commission shall be assisted by the Communications Committee established by Article 22(1) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)(3)

2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

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.

4. Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’

(1)

OJ L 13, 19.1.2000, p. 12.

(2)

OJ L 113, 30.4.2002, p. 1.

(3)

OJ L 108, 24.4.2002, p. 33.’