Commission Decision of 25 February 2011 establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (notified under document C(2011) 1081) (Text with EEA relevance) (2011/130/EU)

Published date26 February 2011
Date of Signature02 December 2011
Subject MatterLiberté d'établissement,Marché intérieur - Principes,informations et vérifications,Libertad de establecimiento,Mercado interior - Principios,información y verificación,Libertà di stabilimento,Mercato interno - Principi,informazione e verifiche,Asociación Europea de Libre Comercio (AELC)
Official Gazette PublicationJournal officiel de l’Union européenne, L 53, 26 février 2011,Diario Oficial de la Unión Europea, L 53, 26 de febrero de 2011,Gazzetta ufficiale dell’Unione europea, L 53, 26 febbraio 2011,Diario Oficial de la Unión Europea, L 76, 15 de marzo de 2012
Consolidated TEXT: 32011D0130 — EN — 01.12.2014

2011D0130 — EN — 01.12.2014 — 001.001


This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B COMMISSION DECISION of 25 February 2011 establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (notified under document C(2011) 1081) (Text with EEA relevance) (2011/130/EU) (OJ L 053, 26.2.2011, p.66)

Amended by:

Official Journal
No page date
►M1 COMMISSION IMPLEMENTING DECISION of 17 March 2014 L 80 7 19.3.2014




▼B

COMMISSION DECISION

of 25 February 2011

establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market

(notified under document C(2011) 1081)

(Text with EEA relevance)

(2011/130/EU)



THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market ( 1 ), and in particular Article 8(3) thereof,

Whereas:
(1) Service providers whose services fall within the scope of Directive 2006/123/EC must be able to complete, through the Points of Single Contact and by electronic means, the procedures and formalities necessary for the access to and the exercise of their activities. Within the limits established in Article 5(3) of Directive 2006/123/EC, there may still be cases where service providers have to submit original documents, certified copies or certified translations when completing such procedures and formalities. In those cases, service providers may need to submit documents signed electronically by competent authorities.
(2) The cross-border use of advanced electronic signatures supported by a qualified certificate is facilitated through Commission Decision 2009/767/EC of 16 October 2009 setting out measures facilitating the use of procedures by electronic means through the ‘points of single contact’ under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market ( 2 ) which, inter alia, imposes an obligation on Member States to carry out risk assessments before requiring these electronic signatures from service providers and establishes rules for the acceptance by Member States of advanced electronic signatures based on qualified certificates, created with or without a secure signature creation device. However, Decision 2009/767/EC does not deal with formats of electronic signatures in documents issued by competent authorities, that
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