Proposal for a COUNCIL REGULATION amending Regulation (EU) No 216/2013 on the electronic publication of the Official Journal of the European Union
Date: 2020-06-22
Institutions: European Commission, Secretariat-General
Subjects: EU Official Journal, EU publication, Internet site, electronic publishing, electronic signature

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   EUROPEAN COMMISSION  Brussels, 22.6.2020  COM(2020) 257 final 2020/0126 (APP)  Proposal for a COUNCIL REGULATION amending Regulation (EU) No 216/2013 on the electronic publication of the Official Journal of the European Union  
 
EXPLANATORY MEMORANDUM 

1. 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  Official  Journal  of  the  European  Union  is  published  in  electronic  form  pursuant  to 
Regulation (EU) No 216/2013 (“the Regulation”)1.  

In order to guarantee the authenticity of the Official Journal, this electronic publication has to 
bear  a  qualified  electronic  signature  or  a  qualified  electronic  seal  in  accordance  with 
Regulation (EU) No 910/20142. 

Authenticity, integrity and inalterability of the electronic edition of the Official Journal can be 
guaranteed by various organisational and technical means which provide comparative security 
guarantees.  These  means  can  change  over  time.  In  order  to  avoid  the  need  to  amend  the 
Regulation with each new method or technology or change of technical details, it is proposed 
to  reformulate  the  wording  of  the  Regulation  in  a  more  generic  way.  The  French  and 
Luxembourgish  rules  governing  the  publication  of  their  respective  national  gazettes  have 
served  as a source of inspiration. For the sake of transparency, the system  put  into place to 
ensure  authenticity  will  be  described  on  the  EUR-Lex  website,  allowing  citizens  to  easily 
verify the authenticity of the electronic edition of the Official Journal. 

Despite the fact that the Official Journal is in principle inalterable, situations arise where it is 
necessary to remove certain information from the Official Journal, once it has been published. 
Such removals are carried out by application of the Union data protection legislation or based 
on  decisions  of  the  Court  of Justice  of  the  European  Union  adopted  pursuant  to  its  rules  of 
procedure.3  For  the  sake  of  legal  certainty,  this  interference  with  the  rules  on  authenticity 
should be regulated. The proposed amendment will not change the practice that the original 
version  of  the  issue  of  the  Official  Journal  concerned  by  the  removal  is  not  altered  in  the 
process and is kept in the archives of the Publications Office for an unlimited period. 

According  to  the  Regulation,  only  the  Official  Journal  published  in  electronic  form  is 
authentic  and  produces  legal  effects.  There  is  only  one  exception  to  this  rule4:  in  situations 
when  the  Official  Journal  cannot  be  published  due  to  an  unforeseen  and  exceptional 
disruption  of  the  information  system  of  the  Publications  Office.  In  those  cases,  only  the 
printed  edition  of  the  Official  Journal  is  authentic  and  produces  legal  effects.  Once  the 
information system of the Publications Office is restored, an electronic edition corresponding 
to the printed edition is made available to the public on the EUR-Lex website. This electronic 
edition is for information purposes only.  

The  Publications  Office  has  put  in  place  contingency  measures,  which  minimise  the  risk  of 
not being able to publish and make available the electronic edition of the Official Journal on 
the EUR-Lex website. For those very unlikely situations where despite all the measures this 
risk  should  materialise,  a  preferable  fall  back  solution  consists  in  displaying  the  Official 
Journal at the Publications Office premises in printed or electronic form (for example, stored 

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Council  Regulation  (EU)  No  216/2013  of  7  March  2013  on  the  electronic  publication  of  the  Official 
Journal of the European Union (OJ L 69, 13.3.2013, p. 1). 
Regulation  (EU)  No  910/2014  of  the  European  Parliament  and  of  the  Council  of  23  July  2014  on 
electronic  identification  and  trust  services  for  electronic  transactions  in  the  internal  market  and 
repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). 
Article 66 of the Rules of procedure of the General Court and  Article 95 of the Rules of procedure of 
the Court of Justice. 
Article 3 of the Regulation. 

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on  an  off-line  PC),  depending  on  which  solution  is  feasible  in  a  concrete  situation.  The 
Regulation should therefore be amended in this sense. 

Introduction of the authentic electronic edition of the Official Journal has simplified access to 
EU  law  and  increased  legal  certainty.  Based  on  the  same  reasoning,  it  is  preferable  that 
citizens can rely as much as possible on the version of the Official Journal that has been made 
available on the EUR-Lex website. Therefore, it is proposed that the electronic edition made 
available  to  the  public  on  the  EUR-Lex  website  subsequently  to  a  disruption  of  the 
information  systems  becomes  the  authentic  edition  from  the  moment  it  is  made  available. 
Legal certainty then requires that from that moment, the earlier (printed or electronic) edition 
no longer has authentic status. 

Finally, since the entry into force of the Regulation, only three issues of the Official Journal 
have been published in the authentic printed edition pursuant to its article 3.5 In line with the 
reasoning  explained  above,  and  in  order  to  ensure  coherence,  it  is  appropriate  to  confer 
authentic character and legal effects to the corresponding electronic editions of those printed 
editions. These editions are based on the same authenticated files as the printed editions and 
were made available to the public on the EUR-Lex website promptly after the publication of 
the  paper  editions.  Hence,  legal  certainty  will  not  be  called  into  question  by  the  provision 
proposed in this regard. 

• 

Consistency with existing policy provisions in the policy area 

The proposed amendment is complementary, with regard to the authentication of the Official 
Journal,  to  the  option  -  offered  by  Regulation  No  910/2014  on  electronic  identification  and 
trust services for electronic transactions in the internal market - to authenticate a document by 
an  electronic  signature  or  seal.  It  is  also  complementary  to  the  existing  EU  rules  on  the 
protection of personal data. 

• 

N/A 

2. 

• 

Consistency with other Union policies 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  Proposal  for  a  Regulation  is  based  on  Article  352  TFEU.  This  is  the  legal  basis  for 
Regulation  No  216/2013  and  its  amending  Regulation  (EU)  2018/2056.  Regulation  No 
216/2013 is proposed for a second amendment and should have the same legal basis. 

Subsidiarity (for non-exclusive competence)  

• 

N/A 

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Proportionality 

The  aim  of  the  Proposal  is  to  simplify  the  publication  of  the  Official  Journal  and  citizens’ 
access to it. The more generic wording of the Proposal will enable the authentication of the 
Official Journal by new technological means, without the need for additional amendments. It 
reconciles  the  obligation  to  remove  certain  information  from  the  Official  Journal  with  the 
inalterability  principle  and  establishes  authenticity  of  electronic  editions  published 
subsequently to a disruption of the information systems. The proposed amendments are what 
is required to achieve this aim. 

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OJ L 347 of 20 December 2013, OJ L 221 of 25 July 2014 and OJ L 261I of 14 October 2019. 

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Choice of the instrument 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

• 

N/A 

3. 

• 

N/A 

• 

Stakeholder consultations 

The  draft  proposal  was  presented  to  the  Institutions  at  the  meeting  of  the  Management 
Committee  of  the  Publications  Office  held  on  18  October  2019,  and  at  the  meeting  of  the 
Groupe Interinstitutionnel Lex (GIL) on 15 October 2019. 

Collection and use of expertise 

• 

N/A 

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Impact assessment 

Since the changes are minor, no impact assessment was carried out. 

• 

Regulatory fitness and simplification 

Publishing  the  Official  Journal  under  conditions  ensuring  its  authenticity  does  not  alter 
current  technological  options  in  any  way.  Clear  rules,  which  reconcile  the  requirement  of 
inalterability of the Official Journal with the obligations stemming from Union legislation on 
the  protection  of  personal  data  or  from  decisions  by  the  Court  of  Justice  of  the  European 
Union  to  have  certain  information  removed  vis-à-vis  the  public,  are  added  by  the  proposed 
amendment. Simplification of access to the Official Journal is achieved by ensuring that when 
available, only the electronic edition made available to the public on the EUR-Lex website is 
authentic  and  produces  legal  effects.  A  provision  conferring  exclusive  authenticity  status  to 
the electronic editions of the few authentic printed editions of the Official Journal published 
after  the  entry  into  force  of  Regulation  (EU)  No  216/2013  also  contributes  to  that 
simplification. 

Fundamental rights 

• 

N/A 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no budgetary implications. 

5. 

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OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Implementation is planned from the entry into force. 

Explanatory documents (for directives) 

• 

N/A 

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Detailed explanation of the specific provisions of the proposal 

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N/A 

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2020/0126 (APP) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 216/2013 on the electronic publication of the Official 
Journal of the European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 352 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

Having regard to the consent of the European Parliament, 

Acting in accordance with a special legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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Council  Regulation  (EU)  No  216/2013 (6)provides  that  the  Official  Journal  of  the 
European  Union  published  in  electronic  form  (‘the  electronic  edition  of  the  Official 
Journal’)  is  to  bear  a  qualified  electronic  signature  or  qualified  electronic  seal  as 
defined  in  Regulation  (EU)  No  910/2014  of  the  European  Parliament  and  of  the 
Council  (7).  Regulation  (EU)  No  216/2013  also  sets  out  an  obligation  to  publish  the 
qualified certificates for electronic signature or for electronic seal and renewals thereof 
on the EUR-Lex website to allow the public to verify the authenticity of the electronic 
edition of the Official Journal. 

Authenticity, integrity and inalterability of the electronic edition of the Official Journal 
can  be  ensured  by  a  variety  of  technical  means,  inasmuch  as  they  offer  comparable 
guarantees to those provided by a qualified electronic signature or qualified electronic 
seal as defined in Regulation (EU) No 910/2014, including future innovative solutions 
and technologies. The need to amend Regulation (EU) No 216/2013 each time a new 
solution or technology is to be employed or when the legal framework governing them 
changes should be avoided. 

It is necessary to lay down clear rules reconciling the requirement of inalterability of 
the  Official  Journal  with  the  obligations  stemming  from  Union  legislation  on  the 
protection of personal data or from decisions by the Court of Justice of the European 
Union to have certain information removed vis-à-vis the public. 

For  the  sake  of  legal  certainty,  where  in  exceptional  situations  it  is  not  possible  to 
publish  the  Official  Journal  on  the  EUR-Lex  website  and  the  publication  is  done  by 
other  means,  in  a  printed  or  electronic  version,  it  is  necessary  to  ensure  that  the 

Council  Regulation  (EU)  No  216/2013  of  7  March  2013  on  the  electronic  publication  of  the  Official 
Journal of the European Union (OJ L 69, 13.3.2013, p. 1) 
Regulation  (EU)  No  910/2014  of  the  European  Parliament  and  of  the  Council  of  23  July  2014  on 
electronic  identification  and  trust  services  for  electronic  transactions  in  the  internal  market  and 
repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). 

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electronic edition subsequently made available to the public on the EUR-Lex website 
becomes the only authentic edition and that it produces legal effects. 

(5) 

In order to provide the maximum benefit to citizens in terms of ease of access to the 
Official  Journal,  as  well  as  to  ensure  legal  certainty,  it  is  also  appropriate  to  confer 
exclusive  authenticity  status  on  the  electronic  edition  of  the  few  authentic  printed 
editions of the Official Journal published after the entry into force of Regulation (EU) 
No 216/2013. 

(6) 

Regulation (EU) No 216/2013 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EU) No 216/2013 is amended as follows: 

(1)  Article 2 is amended as follows: 

(a) 

paragraph 1 is replaced by the following: 

‘1.  The electronic edition of the Official Journal shall be published under technical 
conditions ensuring the authenticity of its content. 

The system put into place to ensure authenticity shall be documented on the EUR-
Lex website and allow for the authenticity of the electronic edition  of the Official 
Journal to be easily verified.’; 

(b) 

the following paragraph 4 is added: 

‘4.  Where  certain  information  in  the  Official  Journal  must  be  removed  after 
publication pursuant to a decision of the Court of Justice of the European Union or 
for  reasons  of  protection  of  personal  data  in  accordance  with  Union  legislation,  a 
new  version  of  the  electronic  edition  of  the  Official  Journal  concerned  shall  be 
published,  accompanied  by  a  notice  to  that  effect.  The  original  version  of  the 
electronic edition of the Official Journal concerned shall be kept in the archives of 
the Publications Office for an unlimited period.’; 

(2)  Article 3 is replaced by the following: 

‘Article 3 

1. 
Where it is not possible to publish the electronic edition of the Official Journal 
on  the  EUR-Lex  website  due  to  an  unforeseen  and  exceptional  disruption  of  the 
information systems involved, the issue of the Official Journal concerned, in printed or 
electronic  form,  shall  be  displayed  at  the  premises  of  the  Publications  Office.  Such 
edition shall be authentic and shall produce legal effects. 

2. 
Once  the  information  systems  referred  to  in  paragraph  1  are  restored,  the 
electronic  edition  of  the  Official  Journal  corresponding  to  the  edition  published  in 
accordance with paragraph 1 shall be made available on the EUR-Lex website. From 
that moment on, it shall be considered as the only authentic edition and shall produce 
legal effects. 

3. 
The  electronic  editions  of  the  Official  Journal  corresponding  to  the  authentic 
printed editions of the Official Journal published after 1 July 2013 shall be considered 
as the only authentic editions from the date of entry into force of this Regulation. 

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Article 2 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

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