13.3.2013   

EN

Official Journal of the European Union

L 69/1

(1)

Article 297 of the Treaty on the Functioning of the European Union (TFEU) deals with the publication in the Official Journal of the European Union (hereinafter ‘the Official Journal’) and the entry into force of legal acts of the Union.

(2)

Regulation (EC) No 1/1958 (1), including any subsequent amendments thereto, determines the official languages of the institutions of the European Union.

(3)

The printed edition of the Official Journal, available in all official languages of the institutions of the Union, is at present the only legally binding publication, although it is also made available online.

(4)

Decision 2009/496/EC, Euratom of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions of 26 June 2009 on the organisation and operation of the Publications Office of the European Union (2) ensures that the Publications Office enables the institutions to fulfil their obligation to publish legislative texts.

(5)

The Court of Justice of the European Union has held, in Case C-161/06 Skoma-Lux sro v Celní ředitelství Olomouc (3), that legal acts of the Union are not enforceable against individuals if they have not been properly published in the Official Journal and that making such acts available online does not equate to valid publication in the Official Journal in the absence of any rules in that regard in Union law.

(6)

If publication in the Official Journal in electronic form were to constitute valid publication, access to Union law would be faster and more economical. Citizens should, nevertheless, continue to have the possibility to obtain a printed version of the Official Journal from the Publications Office.

(7)

The Commission Communication entitled ‘A Digital Agenda for Europe’ highlights that access to online legal content favours the development of a digital internal market, which leads to economic and social benefits.

(8)

Rules ensuring the authenticity, integrity and inalterability of the electronic publication of the Official Journal should therefore be laid down.

(9)

This Regulation should also lay down rules applicable in cases where, due to unforeseen and exceptional circumstances, it is not possible to publish and to make available the electronic edition of the Official Journal.

(10)

Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (4) establishes the legal effects of electronic signatures as a means for authentication. For the purposes of ensuring the authenticity, integrity and inalterability of the electronic edition of the Official Journal, an advanced electronic signature based on a qualified certificate and created by a secure-signature-creation device in accordance with that Directive provides sufficient guarantees to the public. It should be possible to verify the electronically signed Official Journal by readily available means.

(11)

Access to the EUR-Lex website is to be ensured in compliance with the commitments for the protection of persons with disabilities in accordance with Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (5).

(12)

In accordance with the principle of proportionality, as set out in Article 5 of the Treaty on European Union, this Regulation does not go beyond what is necessary in order to achieve the objective of enabling all European citizens to rely on the electronic publication of the Official Journal, as its scope is limited to making such publication authentic, in the same way as the printed publication is today.

(13)

The TFEU does not provide, for the adoption of this Regulation, powers other than those under Article 352,

(a)

publishing it and guaranteeing its authenticity;

(b)

implementing, managing and maintaining the information system producing the electronic edition of the Official Journal, and upgrading that system in line with future technical developments;

(c)

implementing and extending the technical facilities to ensure accessibility for all users to the electronic edition of the Official Journal;

(d)

setting up internal security and access rules with regard to the information system producing the electronic edition of the Official Journal;

(e)

preserving and archiving the electronic files and handling them in line with future technological developments.