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Section 12

Transitional provisions relating to section 3; authorisations to issue ordinances

(1) For a transitional period of three years, the identification and authentication, as well as the bidirectional communication, of users within the meaning of section 2(4) number 1, for electronic administrative services within the portal network, may also take place via the Länder's existing user accounts and mailboxes, or via a specialist portal. The period under sentence 1 begins on the day on which the Federal Ministry of the Interior and Community, in agreement with the IT Planning Council, announces in the Federal Law Gazette that the conditions for an automated migration of the Länder accounts to the central citizen account are met. The central citizen account provided by the Federation under section 3(1) sentence 1 is to be further developed into a "DeutschlandID".
(2) The secure procedures used in tax administration under section 87a(6) of the Fiscal Code up to and including 31 December 2019 are recognised nationwide for proof of identity at the level of assurance "substantial".
(3) By way of derogation from section 3(3), use of the uniform organisation account is to be dispensed with where, exceptionally, a higher level of assurance is required for making use of an electronic administrative service and for other electronic communication.
(4) Public bodies are exempted, up to and including 31 December 2031, from the obligation under section 3(3) in respect of electronic administrative services that serve to implement
1. Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159), as last amended by Regulation (EU) 2023/435 of the European Parliament and of the Council of 27 February 2023 amending Regulation (EU) 2021/241 as regards REPowerEU chapters in recovery and resilience plans and amending Regulations (EU) No 1303/2013, (EU) 2021/1060 and (EU) 2021/1755 and Directive 2003/87/EC (OJ L 63, 28.2.2023, p. 1),
2. Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the Common Agricultural Policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1), as last amended by Commission Delegated Regulation (EU) 2022/648 of 15 February 2022 (OJ L 119, 21.4.2022, p. 1), and
3. Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (OJ L 435, 6.12.2021, p. 187), as last amended by Commission Delegated Regulation (EU) 2022/1408 of 16 June 2022 (OJ L 216, 19.8.2022, p. 1).
(5) Where proof of identity is provided under section 3(4) number 1 letter b, subsequent authentication of the user may also take place by means of authentication tools under section 10(3a) of the Act on Identity Cards and Electronic Identification.

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