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Commission Implementing Regulation (EU) 2024/2981 CHAPTER V — REQUIREMENTS RELATING TO CERTIFICATION BODIES

Article 9–Article 12 · 4 articles

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

General requirements

Article 9

1.   Certification bodies shall be accredited by national accreditation bodies appointed pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council  ( 13 ) in accordance with EN ISO/IEC 17065:2012, provided that they comply with the requirements set out in national certification schemes in accordance with paragraph 2. 2.   For the purposes of accreditation, certification bodies shall comply with all the following competence requirements: (a) detailed and technical knowledge of the relevant architectures of a wallet solution and of the electronic identification scheme under which they are provided, as well as of the threats and risks relevant to those architectures; (b) knowledge of available security solutions and of their properties pursuant to the Annex of Implementing Regulation (EU) 2015/1502; (c) knowledge of the activities performed in virtue of certificates of conformity applied to components of the wallet solution and the electronic identification scheme under which they are provided, as being the object of certification; (d) detailed knowledge of the applicable national certification scheme as established in accordance with Chapter II. 3.   Certification bodies shall perform their surveillance activities in particular on the basis of the following information: (a) information coming from national accreditation bodies, and relevant market surveillance authorities; (b) information resulting from their own or another authority’s audits and investigations; (c) complaints and appeals received pursuant to Article 15.

Subcontracting

Article 10

Certification bodies may subcontract the evaluation activities, as set out in Article 13, to third parties. Where evaluation activities are subcontracted, national certification schemes shall establish the following: (1) all subcontractors of the certification body performing evaluation activities shall, as applicable and appropriate for the activities to be performed, meet the requirements of harmonised standards like EN ISO/IEC 17025:2017 for testing, EN ISO/IEC 17020:2012 for inspection, EN ISO/IEC 17021-1:2015 for audit, and EN ISO/IEC 17029:2019 for validation and verification; (2) certification bodies shall take responsibility for all evaluation activities outsourced to other bodies and demonstrate that they have taken appropriate measures during their accreditation, including by relying on their subcontractors’ own accreditation, when applicable; (3) the degree to which prior agreement to outsourcing needs shall be obtained from scheme owners or the client whose wallet solution is being certified under the certification scheme.

Notification to the supervisory body

Article 11

Certification bodies shall notify the supervisory body referred to in Article 46a(1) of Regulation (EU) No 910/2014 of the issuance, suspension and cancellation of certificates of conformity of wallet solutions and the electronic identification scheme under which they are provided.

Incident and vulnerability management

Article 12

1.   Certification bodies shall suspend, without undue delay, the certificate of conformity of the wallet solutions and the electronic identification scheme under which they are provided after they confirm that the notified security breach or compromise impacts the conformity with the national certification schemes’ requirements, of the wallet solution or of the electronic identification scheme under which they are provided. 2.   Certification bodies shall cancel the certificate of conformity that has been suspended following a security breach or compromise that has not been remedied in a timely manner. 3.   Certification bodies shall cancel certificates of conformity where an identified vulnerability has not been remedied commensurately with its severity and potential impact in a timely manner, in accordance with Articles 5c(4) and 5e(2) of Regulation (EU) No 910/2014.

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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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