European Parliament legislative resolution on the common position established by the Council with a view to the adoption of a European Parliament and Council Directive on a Community framework for electronic signatures (76341/1/1999 - C5-0026/1999 — 1998/0191(COD))
Date: 1999-10-27
Institutions: Committee on Legal Affairs, European Parliament
Subjects: approximation of laws, commercial transaction, data protection, electronic signature, information network

5.6.2000

EN

Official Journal of the European Communities

C 154/51

8. Disposal of disused offshore installations * (procedure without report)

Wednesday 27 October 1999

C5-0015/1999

Proposal for a Council Decision concerning the approval, on behalf of the Community, of OSPAR
Decision 98/3 on the disposal of disused offshore installations (COM(1999) 190 * C5-0015/1999 *
1999/0097(CNS))

(Consultation procedure)

The proposal was approved.

9. Vinyl chloride monomer * (procedure without report)

C5-0016/1999

Proposal for a Council Decision concerning the approval, on behalf of the Community, of OSPAR
Decision 98/4 on emission and discharge limit values for the manufacture of vinyl chloride mono-
mer, and OSPAR Decision 98/5 on emission and discharge limits in the vinyl chloride sector
(COM(1999) 190 * C5-0016/1999 * 1999/0098(CNS))

(Consultation procedure)

The proposal was approved.

10. Electronic signatures ***II

A5-0034/1999

European Parliament legislative resolution on the common position established by the Council
with a view to the adoption of a European Parliament and Council Directive on a Community
framework for electronic signatures (76341/1/1999 * C5-0026/1999 * 1998/0191(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:24) having regard to the Council common position (7634/1/1999 (cid:24) C5-0026/1999) (1),

(cid:24) having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(1998) 297) (3),

(cid:24) having regard to the Commission’s amended proposal (COM(1999) 195),

(cid:24) having regard to Article 251(2) of the EC Treaty,

(cid:24) having regard to Rule 80 of its Rules of Procedure,

(cid:24) having regard to the recommendation for second reading of the Committee on Legal Affairs and the

Internal Market (A5-0034/1999),

(1) OJ C 243, 27.8.1999, p. 33.
(2) OJ C 104, 14.4.1999, p. 49
(3) OJ C 325, 23.10.1998, p. 5.

C 154/52

Official Journal of the European Communities

EN

5.6.2000

Wednesday 27 October 1999

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and the Commission.

COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

(Amendment 1)

Recital 16

(16) Whereas this Directive contributes to the use and legal
recognition of electronic signatures within the Community;
whereas a regulatory framework is not needed for electronic
signatures exclusively used within closed systems; nevertheless
electronic signatures which fulfil the requirements laid down in this
Directive and which are used within closed user-groups should be leg-
ally recognised; whereas the freedom of parties to agree among
themselves the terms and conditions under which they accept
electronically signed data should be respected to the extent
allowed by national law;

(16) Whereas this Directive contributes to the use and legal
recognition of electronic signatures within the Community;
whereas a regulatory framework is not needed for electronic
signatures exclusively used within systems which are based
on voluntary agreements under private law between a
specified number of participants; whereas the freedom of
parties to agree among themselves the terms and conditions
under which they accept electronically signed data should be
respected to the extent allowed by national law; whereas the
legal effectiveness of electronic signatures used in such
systems and their admissibility as evidence in legal pro-
ceedings must be recognised;

(Amendment 2)

Recital 21

(21) Whereas in order to contribute to the general acceptance
of electronic authentication methods it has to be ensured that
electronic signatures can be used as evidence in legal proceed-
ings in all Member States; whereas the legal recognition of elec-
tronic signatures should be based upon objective criteria and
not be linked to authorisation of the certification-service-provi-
der involved; whereas national law governs the use of electronic
documents and electronic signatures; whereas this Directive is
without prejudice to the power of a national court to make a
ruling regarding conformity with the requirements of
this
Directive and does not affect national rules regarding the unfet-
tered judicial consideration of evidence;

(21) Whereas in order to contribute to the general acceptance
of electronic authentication methods it has to be ensured that
electronic signatures can be used as evidence in legal proceed-
ings in all Member States; whereas the legal recognition of elec-
tronic signatures should be based upon objective criteria and
not be linked to authorisation of the certification-service-provi-
der involved; whereas national law governs the fields in which
electronic documents and electronic signatures can be used;
whereas this Directive is without prejudice to the power of a
national court to make a ruling regarding conformity with the
requirements of this Directive and does not affect national rules
regarding the unfettered judicial consideration of evidence;

(Amendment 3)

Recital 23

(23) Whereas the development of
international electronic
commerce requires cross-border arrangements involving third
countries;

(23) Whereas the development of
international electronic
commerce requires cross-border arrangements involving third
countries; whereas in order to ensure interoperability at a
global level, agreements on multilateral rules with third
countries on mutual recognition of certification services
could be beneficial;

(Amendment 4)

Article 6(1)(a)

(a) as regards the accuracy at the time of issuance of all infor-

mation contained in the qualified certificate;

(a) as regards the accuracy at the time of issuance of all infor-
mation contained in the qualified certificate and as
regards the fact that the certificate contains all the
details prescribed for a qualified certificate;

5.6.2000

EN

Official Journal of the European Communities

C 154/53

COMMON POSITION
OF THE COUNCIL

Wednesday 27 October 1999

AMENDMENTS
BY PARLIAMENT

(Amendment 5)

Article 6(4), 2nd subparagraph (new)

The certification-service-provider shall not be liable for
damage arising from the use of a qualified certificate
which exceeds the limit on the value of transactions
placed on it.

11. Motor vehicles and trailers ***II

A5-0033/1999

European Parliament legislative resolution on the common position of the Council with a view to
adopting a European Parliament and Council directive amending Council Directive 70/0221/EEC
on the approximation of the laws of the Member States relating to liquid fuel tanks and rear
underrun protection of motor vehicles and their trailers (8697/1/1999 * C5-0031/1999 * 1998/
0071 (COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:24) having regard to the Council common position (8697/1/1999 (cid:24) C5-0031/1999) (1),

(cid:24) having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(1998) 97) (3),

(cid:24) having regard to the Commission’s amended proposal (COM(1999) 217),

(cid:24) having regard to Article 251(2) of the EC Treaty,

(cid:24) having regard to Rule 80 of its Rules of Procedure,

(cid:24) having regard to the recommendation for second reading of the Committee on Legal Affairs and the

Internal Market (A5-0033/1999),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and the Commission.

COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

(Amendment 1)

Recital 2a (new)

(2a) Whereas the accidental spillage of fuel (especially
diesel) onto the road is a significant hazard for riders of
two-wheeled motor vehicles and pedal cycles;

(1) OJ C 249, 1.9.1999, p. 25.
(2) OJ C 150, 28.5.1999, p. 168.
(3) OJ C 164, 29.5.1998, p. 16.