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Commission Implementing Regulation (EU) 2023/1441 CHAPTER IX — TRANSMISSION AND SIGNATURE OF DOCUMENTS

Article 25–Article 26 · 2 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 in concentrations

Article 25

1.   Transmission of documents to and from the Commission pursuant to Regulation (EU) 2022/2560 and this Regulation shall take place through digital means, except where the Commission exceptionally allows for the use of the means identified in paragraphs (6) and (7). 2.   Where a signature is required, documents submitted to the Commission through digital means shall be signed using at least one Qualified Electronic Signature (QES) complying with the requirements set out in Regulation (EU) No 910/2014 of the European Parliament and of the Council  ( 5 ) . 3.   Technical specifications regarding the means of transmission and signature may be published in the Official Journal of the European Union and made available on the website of the Commission’s Directorate-General for Competition. 4.   With the exception of the form included in Annex I, all documents transmitted through digital means to the Commission on a working day shall be deemed to have been received on the day they were sent, provided that an acknowledgement of receipt shows in its timestamp that they were received that day. The form included in Annex I transmitted through digital means to the Commission on a working day shall be deemed to have been received on the day it were sent, provided that an acknowledgement of receipt shows in its timestamp that it were received that day before or during the opening hours indicated on DG Competition’s website. The form included in Annex I transmitted through digital means 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 have been received if the documents or parts thereof: (a) are inoperable or unusable (corrupted); (b) contain viruses, malware or other threats; (c) contain electronic signatures the validity of which cannot be verified by the Commission. The Commission shall inform the sender without delay if one of the circumstances referred to in (a), (b) or (c) occurs. 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 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 on the website of the Commission’s Directorate-General for Competition, as long as this is confirmed in an acknowledgment of receipt by the Commission.

Transmission and signature of documents in the context of public procurement procedures (notifications and ex officio)

Article 26

1.   Transmission of documents in the context of public procurement procedures to and from the Commission pursuant to Regulation (EU) 2022/2560 and this Regulation shall take place through digital means, except where the Commission exceptionally allows for the use of the means identified in paragraphs (5) and (6). 2.   In proceedings on foreign subsidies in the context of public procurement procedures, the use of a Qualified Electronic Signature (QES) complying with the requirements set out in Regulation (EU) No 910/2014 shall not be mandatory. The notification or declaration shall be signed by all notifying parties under obligation to notify in the context of notifications in public procurement. 3.   Technical specifications regarding the means of transmission and signature may be published in the Official Journal of the European Union and made available on the website of the Commission’s Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs. 4.   When signing the documents and transmitting them to the Commission in the context of public procurement procedures, Article 25(4) and (5) shall apply by analogy. 5.   Documents transmitted to the Commission by registered post shall be deemed to have been received on the day of their arrival at the address indicated on the website of the Commission’s Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs. 6.   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 on the website of the Commission’s Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, as long as this is confirmed in an acknowledgment of receipt by the Commission.

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Articles on this page are reproduced verbatim from official open data. See the attribution line.

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

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