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Commission Implementing Regulation (EU) 2022/1463 SECTION 4 — EVIDENCE PROVIDERS

Article 15–Article 16 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Role in the exchange of evidence

Article 15

1.   Member States shall ensure that, for the purpose of the evidence exchange through the OOTS, the evidence providers or intermediary platforms, where applicable, shall use application services capable of the following: (a) receiving and interpreting evidence requests delivered by an eDelivery Access Point, which shall be considered as the input to the data services; (b) subject to successful identification and authentication in accordance with Article 16 of this Regulation: (i) retrieving any pieces of evidences matching the request; (ii) except in the case of the procedures referred to in Article 14(5) of Regulation (EU) 2018/1724, allow users to specify which of these pieces of evidence they wish to preview and give them the possibility to preview the pieces thus specified in a preview space; (iii) allow users to indicate which, if any, of the matching pieces of evidence should be returned to the evidence requester for use in the procedure; (c) returning evidence responses to the evidence requester through an eDelivery Access Point, subject to the user’s decision to use the evidence in the procedure following the possibility to preview it, except in the case of the procedures referred to in Article 14(5) of Regulation (EU) 2018/1724, error reports, including in the situation referred to in Article 16(3), point (a), of this Regulation, or reports concerning evidence in the process of being converted. 2.   If an evidence response is returned, it shall include the requested evidence and be accompanied by: (a) metadata that uniquely identifies the evidence response; (b) metadata that uniquely identifies the evidence request; (c) metadata that indicates the date and time at which the response was generated; (d) metadata that uniquely identifies the evidence and the evidence provider; (e) where structured evidence does not comply with the OOTS data model relevant for the evidence type concerned, a human-readable version of the evidence. 3.   The evidence response may also include the metadata that uniquely identifies the language or languages of the requested evidence. 4.   If an error report is returned, it shall include metadata that uniquely identifies the evidence request, the date and time at which it was generated and a description of the error that occurred. 5.   Where evidence is not yet available for exchange through the OOTS but in the process of being converted to structured or unstructured evidence as defined in Article 1, points (16) and (17), a report as referred to in paragraph 1, point (c), of this Article shall be returned. That report shall include metadata that uniquely identifies the evidence request, the date and time at which it was generated and a message that the evidence concerned is in the process of being converted to structured or unstructured evidence as defined in Article 1, points (16) and (17), and will be ready for the transmission through the OOTS in the future. The evidence provider shall include in the report the preliminary date and time for when the evidence will be available.

Identity and evidence matching

Article 16

1.   Evidence providers or intermediary platforms, where applicable, may require users to reidentify and reauthenticate for the purpose of identity and evidence matching, including by providing additional attributes. 2.   Evidence providers, or intermediary platforms, where applicable, shall ensure that evidence is only exchanged through the OOTS if the identity attributes of the user, and of the representative where applicable, exchanged using the electronic identification means referred to in Article 11(1) and additional attributes as referred to in Article 11(2), point (a) and provided by the user to facilitate identification by the relevant evidence provider, match the attributes held by them. 3.   Where the process of identity and evidence matching does not result in a match or the identity matching generates two or more results, the user or the representative where applicable shall not be allowed to preview the requested evidence and the evidence shall not be exchanged. In the absence of no such match: (a) an error message shall be sent to the evidence requester; (b) the user shall receive an automated message explaining that the evidence cannot be provided.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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