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Commission Implementing Regulation (EU) 2023/914 CHAPTER VII — MISCELLANEOUS PROVISIONS

Article 22–Article 26 · 5 articles

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

Transmission and signature of documents

Article 22

1.   Transmission of documents to and from the Commission shall take place through digital means, save where the Commission exceptionally allows that other means identified in paragraph (6) and (7) may be used. 2.   Where a signature is required, documents submitted through digital means must be signed using at least one Qualified Electronic Signature (QES) complying with the requirements set out in Regulation (EU) No 910/2014 (the “eIDAS Regulation”)  ( 3 ) and its future amendments. 3.   Detailed technical specifications regarding the means of transmission and signature shall be published in the Official Journal of the European Union and shall be made available on the website of the Commission's Directorate General for Competition. 4.   With the exception of the forms included in Annexes I, II, and III, all documents transmitted electronically to the Commission on a working day shall be deemed to have been received on the day they were sent, provided that an automated acknowledgement of receipt shows in its timestamp that they were received that day. The forms included in Annexes I, II, and III transmitted electronically to the Commission on a working day shall be deemed to have been received on the day they were sent, provided that an automated acknowledgement of receipt shows in its timestamp that they were received that day before or during the opening hours indicated on DG Competition’s website. The forms included in Annexes I, II, and III transmitted electronically to the Commission on a working day after the opening hours indicated on DG Competition’s website shall be deemed to have been received on the next working day. All documents transmitted electronically to the Commission outside a working day shall be deemed to have been received on the next working day. 5.   Documents transmitted electronically to the Commission shall not be deemed to be received if the documents or parts thereof : (a) are unusable (corrupted); (b) contain viruses, malware or other threats; (c) contain electronic signatures the validity of which cannot be verified by the Commission. In those cases, the Commission shall inform the sender without delay. 6.   Documents transmitted to the Commission by registered post shall be deemed to have been received on the day of their arrival at the address published in the Official Journal of the European Union . This address shall be also indicated on the website of the Commission’s Directorate General for Competition. 7.   Documents transmitted to the Commission by means of hand delivery shall be deemed to have been received on the day of their arrival at the address published in the Official Journal of the European Union , as long as this is confirmed in an acknowledgment of receipt by the Commission. This address shall be also indicated on the website of the Commission’s Directorate General for Competition.

Setting of time limits

Article 23

1.   In setting the time limits referred to in Article 12(1) and (2), Article 13(2) and Article 16(1), the Commission shall have regard to the urgency of the case and the time required for the notifying parties, the other involved parties, or the third persons to prepare their views or comments. The Commission shall also take account of public holidays in the country where the notifying parties, the other involved parties, or the third persons are located. 2.   Time limits shall be set in terms of a precise calendar date.

Working days

Article 24

The expression “working days” in Regulation (EC) No 139/2004 and in this Regulation means all days other than Saturdays, Sundays, and Commission holidays as published in the Official Journal of the European Union before the beginning of each year.

Repeal and transitional provisions

Article 25

1.   Without prejudice to paragraph 2, Regulation (EC) No 802/2004 is repealed with effect from 1 September 2023. References to the repealed Regulation shall be construed as references to this Regulation. 2.   Regulation (EC) No 802/2004 shall continue to apply to any concentration falling within the scope of Regulation (EC) 139/2004 and notified on or before 31 August 2023.

Entry into force

Article 26

This Regulation shall enter into force on 1 September 2023.

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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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