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Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

Amendments by Parliament in the form of a consolidated text

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act)

(COM(2022)0720 – C90387/2022 – 2022/0379(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0720),

– having regard to Article 294(2) and Article 172 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90387/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 23 March 2023,

– having regard to the opinion of the Committee of the Regions of 24 May 2023,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinions of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on the Internal Market and Consumer Protection,

– having regard to the report of the Committee on Industry, Research and Energy (A9-0254/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

AMENDMENTS BY THE EUROPEAN PARLIAMENT*

to the Commission proposal

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REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee,

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) It is necessary to strengthen the development of cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, to allow public administrations in the Union to cooperate and make public services function across borders. The existing informal cooperation should be replaced with a clear legal framework to enable interoperability across different administrative levels and sectors and to facilitate seamless cross-border data flows for truly European digital services that strengthen the single market, while respecting the principle of subsidiarity. Public sector interoperability has an important impact on the right to free movement of goods and services, capital and citizens laid down in the Treaties, as burdensome administrative procedures can create significant obstacles, especially for small and medium-sized enterprises (‘SMEs’).

(1a) Cross-Border cooperation between public administrations in Member States can address common challenges in the border regions and ensure interoperability and seamless cross-border data flows, while allowing citizens and businesses to access tools that facilitate democratic processes and growth.

(2) Member States and the Union have been working for more than two decades to support the modernisation of administrations through digital transformation and foster the deep interconnections needed for a truly European digital space. The use of electronic data should be considered as an important strategic activity and policy to improve the public sector connection. The communication from the Commission ‘2030 Digital Compass: the European way for the Digital Decade’ (COM(2021) 118) underlines the need to speed up the digitalisation of public services by 2030, including by ensuring interoperability across all levels of government and across public services. Additionally, the Digital Decade Policy Programme4a gives a clear target of 100% online accessible provision of key public services for Union citizens and businesses by 2030. Furthermore, the COVID-19 pandemic increased the speed of digitalisation, pushing public administrations to adapt to the online paradigm, including for cross-border digital public services, as well as for the smarter and greener use of technologies in accordance with the climate and energy targets set in the European Green Deal and the Regulation (EU) 2021/1119 of the European Parliament and of the Council. This Regulation aims to significantly contribute to these Union goals and to further enhance Europe's digital sovereignty by creating a structured cooperation framework on cross-border interoperability amongst Member States and the Commission to support the setup of digital public services, helping to reduce cost and time for citizens, businesses and for the public sector.

(2b) The development of cross-border organisational, semantic and technical interoperability set out in this Regulation should in particular focus on legal interoperability, in order to facilitate the necessary swift access of businesses and citizens to legal information, faster procedures and services, which is crucial for the reduction of expensive administrative obstacles and for the strengthening of the proper functioning of the single market and the associated freedoms of movement.

Local and regional authorities should have an active role in decisions related to interoperable solutions, including on design, financing and implementation. They should also seek to involve SMEs, research and educational organisations and civil society. To this end, local and regional authorities may conduct direct consultations with citizens, business, in particular SMEs and share the results of the consultations with the Interoperable Europe Board and the Interoperable Europe community.

Furthermore, this Regulation should establish a clear and easily recognisable label for some interoperability solutions. ▌

(4) It is in the interest of a coherent approach to public sector interoperability throughout the Union, of supporting the principle of good administration and the free movement of personal and non-personal data within the Union, to align the rules as far as possible for all public sectors that are controllers or providers of network and information systems used to facilitate or manage public services. In the establishment, improvement or operation of common solutions all initiatives should, where appropriate, build on or be accompanied by the sharing of experience and solutions and the exchange and promotion of good practices, technological neutrality and adaptability, while principles of security, privacy and protection of personal data should always be applied. This objective includes the Commission and other institutions, bodies and agencies of the Union, as well as public sector bodies in the Member States across all levels of administration: national, regional and local. Agencies are playing an important role in collecting regulatory reporting data from Member States. Therefore, the interoperability of this data - should also be in scope of this Regulation.

(4a) Public bodies, Union institutions, bodies, offices and agencies should pursue the development of interoperability solutions in a holistic manner that ensures data quality, transparency and data protection. In this context, self-governing IT solutions should be incentivised.

(4b) Interoperability solutions and exchanges of data should also be designed and used taking into account the confidentiality principles which pertain to fundamental rights.

(4c) In the pursuit of cross-border interoperability and the digital public services infrastructure, it is crucial to safeguard the privacy and protection of personal data. The interoperability measures established under this Regulation should be designed and implemented in a manner that respects the principles of data protection rules.

(5) Cross-border interoperability is not solely enabled via centralised Member State digital infrastructures, but also through a decentralised approach. This entails a strong connection of trust between public administrations and a constant data exchange between local administrations in different Member States without necessarily going through national nodes. Therefore, it is necessary to develop common solutions across all administrative levels, particularly for specifications and applications. Needs for cross-border digital interactions are increasing, which requires solutions that can fulfil these needs. With this Regulation, the intention is to facilitate and encourage the exchange between all levels of administration, overcome cross-border barriers and administrative burden, consolidate more efficient public services at the European level.

(6) Interoperability facilitates successful implementation of policies, in particular those with a strong public sector connection, such as justice and home affairs, taxation and customs, transport, energy, health, agriculture, and employment, as well as in business and industry regulation. However, a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will give rise to new electronic barriers that impede the proper functioning of the internal market and the associated freedoms of movement. Furthermore, it risks undermining the openness and competitiveness of markets and the delivery of services of general interest to businesses and citizens. Therefore, this Regulation should also facilitate, encourage and apply to cross-sector interoperability removing electronic barriers, public service incompatibilities and fragmentation.

(6a) Without prejudice to the interoperability and digitalisation of key public services and services which depend crucially on digital technologies, offline accessibility of services should nevertheless be maintained while transitioning to digital and interoperable tools, in the interests of the most vulnerable, less digitally-skilled population.

(6b) Interoperable key public services should contribute to achieving solutions that have positive effects on citizens’ everyday life and their wellbeing, advancing transparency, accessibility and good-quality public services based on a highly competitive social market economy, in accordance with the European Pillar of Social Rights.

(7) In order to eliminate fragmentation in the interoperability landscape in the Union, a common understanding of interoperability in the Union and a holistic approach to interoperability solutions should be promoted. A structured cooperation should support measures promoting digital-ready and interoperable by default policy set-up. Furthermore, it should promote the efficient management and use of digital service infrastructures and their respective components by public sector bodies and institutions, bodies and agencies of the Union that permit the establishment and operation of sustainable and efficient cross-border public services with the aim of ensuring accessibility up to the lowest administrative division.

(8) To set up cross-border interoperable public services, it is important to focus on the interoperability aspect as early as possible in the policymaking process following the 'digital-by-default' principle and 'interoperability-by-design' approach. Therefore, the public organisation that intends to set up a new or to modify an existing network and information system that is likely result in high impacts on the cross-border interoperability, should carry out an interoperability assessment. This assessment is necessary to understand the magnitude of impact of the planned action and to propose measures to reap up the benefits and address potential costs. In order to ensure the smooth implementation of the interoperability assessment, the Interoperable Europe Board should publish specific guidelines on which services are covered by the directive. In cases where an interoperability assessment is mandatory, the Commission should take steps to ensure that local and regional authorities do not incur any disproportional additional costs, amongst others by making financial resources available. The interoperability assessment should be mandatory in three cases, which are in scope for cross-border interoperability. In other situations, the public organisations may decide to carry out the interoperability assessment on a voluntary basis.

(8a) One of the barriers for interoperability, reuse of solutions and establishment of cross border services is the language barrier, therefore standardisation of logical structures is a key aspect in the creation of interoperable systems. In that regard special care must be given to multilingualism in the public service sector and linguistic diversity, aiming to facilitate the use and preservation of regional languages and dialects.

(9) Under some circumstances it may also be reasonable and economical for the subject of an interoperability assessment to be broader than a single project, for example when public sector bodies intend to establish a common application or processing platform. In those other cases, the assessment should be strongly encouraged to go beyond the achievement of the Interoperable Europe objectives towards a full implementation of interoperability. The Interoperable Europe Board when adopting the guidelines on the content of the interoperability assessment, should, amongst other elements, take into account the capacity of regional and local public bodies and avoid an excessive burden for such authorities.

(10) The interoperability assessment should evaluate the impacts of the planned action on cross-border interoperability of network and information system, for example, having regard to the origin, nature, particularity and scale of those impacts. The outcome of that assessment should be taken into account when determining the appropriate measures that need to be taken in order to set up or modify the network and information system.

(11) The organisation should publish the outcome of the interoperability assessment on its website and share it electronically with the Commission for publication on the Interoperable Europe portal. The publication of the outcome should not compromise intellectual property rights or trade secrets, and should be restricted where justified on the grounds of public order or security. The provisions of Union law governing the protection of personal data should be observed.

(12) Public sector bodies or institutions, bodies or agencies of the Union that search for interoperability solutions should be able to request from other public sector bodies or institutions, bodies or agencies of the Union the software code those organisations use, together with the related documentation. Sharing should become a default among public sector bodies, and institutions, bodies and agencies of the Union while not sharing would need a legal justification. In addition, public sector bodies or institutions, bodies, or agencies of the Union should seek to develop ▌or to further develop existing interoperability solutions. That should prioritize solutions that do not carry restrictive licensing terms.

(13) When public administrations decide to share their solutions with other public administrations or the public, they are acting in the public interest. This is even more relevant for innovative technologies: for instance, open code makes algorithms transparent and allows for independent audits and reproducible building blocks. The sharing of interoperability solutions among public administration should set the conditions for the achievement of an open ecosystem of digital technologies for the public sector that can produce multiple benefits.

(14) When monitoring the coherence of the interoperability solutions and proposing measures to ensure their compatibility with existing solutions that share a common purpose, the Interoperable Europe Board should take into account the obsolescence of solutions. The mandate of the Interoperable Europe Board should cover issues related to all four levels of interoperability (legal, organisational, semantic and technical).

(15) The European Interoperability Framework (EIF) should ensure coherence and be recognised as the single point of reference for the Union’s approach to interoperability in the public service sector. In addition, specialised interoperability frameworks can address the needs of specific sectors, domains or administrative levels. Those frameworks should further promote the implementation of interoperability solutions. They should take due account of the interoperability requirements set in accordance with Regulation [XX] (Data Act)].

(15a) The EIF should further the principle of multilingualism in the public service sector and encourage use of the most advanced technologies (such as artificial intelligence) to preserve linguistic diversity while enhancing efficiency of the exchanges between information systems across language boundaries.

(16) The EIF should be developed by the Interoperability Europe Board, composed, among others, by one representative of each Member State. The Member States, with the other members of the Interoperable Europe Board, are thus at the centre of the development and implementation of the EIF. The Interoperable Europe Board should update the EIF when necessary.

(17) The specialised interoperability frameworks issued to complement the EIF should take into account and not prejudice the existing sector-specific frameworks developed at the Union level (for example in the health sector).

(18) Interoperability is directly connected with, and dependent on the use of open specifications and standards. Therefore, the Union public sector should be allowed to agree on cross-cutting open specifications and other solutions to promote interoperability. The new framework should provide for a clear process on the establishment and promotion of such agreed interoperability solutions in the future. This way, the public sector will have a more coordinated voice to channel public sector needs and public values into broader discussions.

(19) Many interoperability specifications used by the public sector could be derived from existing Union legislation. Therefore, it is necessary to establish a link between all specifications for public sector network and information systems that are mandatory to use due to Union legal provisions. It is not always easy for implementing authorities to find the requirements in the most recent and machine-readable format. A single point of entry and clear rules on the metadata of such information should help public sector bodies to have their digital service infrastructures comply with the existing and future rules.

(20) An Interoperable Europe portal should be built on existing initiatives and established as an easily accessible point of reference for interoperability solutions, assessment, knowledge and community. The portal should be established as a link to official sources but should also be open to input from the Interoperable Europe Community.

(21) The Interoperable Europe portal should make publicly available and free of charge 5RE solutions that follow the EIF principles of openness, technical neutrality and security. As open source enables users to actively assess and inspect the interoperability and security of the solutions, it is important that open source supports the implementation of interoperability solutions. In this context, the use of open source licences should be promoted to enhance legal clarity and mutual recognition of licences in the Member States.

(21a) Member States, regional and local authorities as well as the Union institutions, agencies and bodies implementing Union-funded funded interoperable projects for public services based on open source should take into account the dedicated European Public License (EUPL).

(22) At the moment, the Union’s public services delivered or managed electronically depend in many cases on non-Union providers. It is in the Union’s strategic interest to ensure that it retains and develops essential technological capacities to secure its Digital Single Market, to enhance Europe's digital sovereignty and in particular to ensure service delivery, protect critical network and information systems, and to provide key services. The Interoperable Europe support measures should help public administrations to evolve and be capable of incorporating new challenges and new areas in cross-border contexts. Interoperability is a condition for avoiding technological lock-in, enabling technical developments, and fostering innovation, which should boost the global competitiveness, resilience and open strategic autonomy of the Union. The parallel use of multiple data processing services could be encouraged. This is important, inter alia, for the successful deployment of ‘multi-cloud’ strategies, which allow customers to implement future-proof IT strategies and which decrease dependence on individual providers of data processing services.

(23) It is necessary to establish a governance mechanism to facilitate the implementation of Union policies in a way that ensures interoperability. This mechanism should focus on the interoperable digital implementation of policies once they have been adopted in the form of legal acts and should serve to develop interoperability solutions on a needs-driven basis. The mechanism should support public sector bodies. Projects to support public sector bodies should be proposed by the Interoperable Europe Board to the Commission who should decide whether to set up the projects, with due regard to the need to encourage the development and deployment of free and open source solutions at all levels, including the local and regional ones.

(24) All levels of government should cooperate with innovative organisations, be it companies or non-profit entities, in design, development and operation of public services. Supporting GovTech cooperation between public sector bodies, research and educational institutions, start-ups and innovative SMEs, or cooperation mainly involving civil society organisations (‘CivicTech’), is an effective means of supporting public sector innovation, flexibility and promoting use of interoperability tools across private and public sector partners. Supporting an open GovTech ecosystem in the Union that brings together public and private actors across borders and involves different levels of government should allow to develop innovative initiatives aimed at the design and deployment of GovTech interoperability solutions.

(25) Identifying shared innovation needs and priorities and focusing common GovTech and experimentation efforts across borders would help Union public sector bodies to share risks, lessons learnt, and results of innovation support projects. Those activities will tap in particular into the Union’s rich reservoir of technology start-ups and SMEs. Successful GovTech projects and innovation measures piloted by Interoperable Europe innovation measures should help scale up GovTech tools and interoperability solutions for reuse.

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(28) It is necessary to enhance a good understanding of interoperability issues, especially among public sector employees. Continuous training is key in this respect and cooperation and coordination on the topic should be encouraged. Beyond trainings on Interoperable Europe solutions, all initiatives should, where appropriate, build on, or be accompanied by, the sharing of experience and solutions and the exchange and promotion of best practices. In line with their efforts to achieve the targets set in the Digital Decade Policy Programme and in order to have high skilled specialists in this field, the Commission shall ensure the financial support through measures such as: investing in digital education, research and development, through continuous lifelong learning training, supporting digital innovations, providing increased and broader access to easily readable and interoperable high quality industrial and public data, increasing the general availability of digital skills at local and regional level. The Member States and the Commission should pay particular attention to the good understanding of interoperability and the implications for the public sector employees.

(29) To create a mechanism facilitating a mutual learning process among public sector bodies and sharing of best practices in implementing Interoperable Europe solutions across the Member States, it is necessary lay down provisions on the peer review process. Peer reviews can lead to valuable insights and recommendations for the public sector body undergoing the review. In particular, they could contribute to facilitating the transfer of technologies, tools, measures and processes among the Member States involved in the peer review. They create a functional path for the sharing of best practices across Member States with different levels of maturity in interoperability. In order to ensure that the peer review process is cost-effective and produces clear and conclusive results, and also to avoid the placement of unnecessary burden, the Commission may adopt guidelines on the best set-up for such peer reviews, based on the needs that occur and after consulting the Interoperable Europe Board.

(30) To develop the general direction of the Interoperable Europe structured cooperation in promoting the digital interconnection and interoperability of public services in the Union and to oversee the strategic and implementation activities related to that cooperation, an Interoperable Europe Board should be established. The Interoperable Europe Board should carry out its tasks taking into consideration cross-border interoperability rules and solutions already implemented for existing network and information systems.

(31) Certain Union bodies such as the European Data Innovation Board and the European Health Data Space Board have been created and tasked to, among others, enhance interoperability at specific domain or policy level. However, none of the existing bodies is tasked to address cross-border interoperability of network and information systems which are used to provide or manage public services in the Union. The Interoperable Europe Board created by this Regulation should support the Union bodies working on policies, actions and solutions relevant for cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, for example on semantic interoperability for data spaces portability and reusability. The Interoperable Europe Board should interact with all relevant Union bodies and national, regional and local administrations as well as the Free and Open Source community in order to ensure alignment and synergies between cross-border interoperability actions and sector specific ones. To this end the Interoperable Europe Board should involve in its activities representatives of regional and local governments and open source community.

(32) Advancing public sector interoperability needs the active involvement and commitment of experts, practitioners, users and the interested public across Member States, across all levels of government, national, regional and local and involving international partners, research and educational institutions and the private sector. In order to tap into their expertise, skills and creativity, a dedicated open forum (the ‘Interoperable Europe Community’) should help channel feedback, user and operational needs, identify areas for further development and help scope priorities for EU interoperability cooperation. The establishment of the Interoperable Europe Community should support the coordination and cooperation between the strategic and operational key players for interoperability.

(33) The Interoperable Europe Community should be open to all interested parties. Access to the Interoperable Europe Community should be facilitated and made as easy as possible, avoiding unnecessary barriers and burdens. The Interoperable Europe Community should bring together public and private stakeholders, including citizens, with expertise in the field of cross-border interoperability, coming from different backgrounds, such as academia, research and innovation, education, standardisation and specifications, businesses and public administration at all levels and recipients of public services. The Commission should make the information in relation to the Interoperable Europe Community publicly available to raise awareness of its role.

(34) To ensure the rules laid down by this Regulation are efficiently implemented, it is necessary to designate national competent authorities responsible for its implementation. In many Member States, some entities have already the role of developing interoperability. Those entities could take over the role of competent authority in accordance with this Regulation.

(35) An Interoperable Europe Agenda should be established as the Union’s main instrument for the coordination of public investments in interoperability solutions and digital infrastructure. It should deliver a comprehensive overview of funding possibilities and funding commitments in the field, integrating where appropriate the related Union programmes. The overview should pay special attention to resources needed for the skilling and upskilling as well as to the additional barriers incurred by areas with limited connectivity, rural areas, peripheral regions and islands, leaving no one behind. This should contribute to creating synergies and coordinating financial support related to interoperability and digital infrastructure development and avoiding duplication. The Interoperable Europe Agenda should also set clear objectives and introduce key performance indicators for measuring their achievement. The Agenda should, where appropriate, also include indicators on the use of open source solutionsamong public administrations, in order to measure its uptake.

(35a) The Interoperable Europe Agenda should be in line with the principles of the Digital Europe Programme, the central programme for digital in the MFF. Its purpose is to accelerate economic recovery and drive the digital transformation of Europe. It is designed to fill the gap between research and deployment of digital technologies, bringing the results of research to the market for the benefit of citizens and businesses, in particular SMEs.

(35b) Since the objective of this Regulation is to promote the cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, the Union should strengthen investments in a range of areas, including supercomputing and data processing capacities, core artificial intelligence (AI) capacities such as data spaces and libraries of AI algorithms, cybersecurity, digital skills, expanding the best use of digital capacity in the Union’s society and economy, and support to the digitalisation of businesses and public administrations.

(35c) Supporting digital transformation is key to building resilience and advancing recovery. In order to asses the performance of this Regulation, the Union should put forward investments and funding for research and high-end innovation in enabling technologies, such as artificial intelligence and robotic, next generation Internet, high performance computing, big data, key digital technologies, 6G and to supports trans-European networks and infrastructures in telecommunications in order to build infrastructure that can handle emerging and future processes and applications.

(36) Information should be collected in order to assess the performance of this Regulation against the objectives it pursues, and in order give feedback for an evaluation of this Regulation in accordance with paragraph 22 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. Therefore, the Commission should carry out a monitoring and evaluation of this Regulation. The evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU value added. The evaluation should also be the basis for impact assessments of possible further measures. The monitoring should integrate existing data sources and monitoring processes.

(37) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to set out rules and the conditions for the establishment and the operation of the innovation sandboxes.

(38) Since the objective of this Regulation, namely interoperability within public administrations on a Union-wide scale, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in the same Article, this Regulation does not go beyond what is necessary in order to achieve the objectives of the Treaties, especially with regards to the strengthening of the Single Market.

(39) The application of this Regulation should be deferred to twelve months after the date of its entry into force in order to provide Member States and the institutions, bodies and agencies of the Union with sufficient time to prepare for the application of this Regulation. Such time is necessary to establish the Interoperable Europe Board and the Interoperable Europe Community and for the designation of national competent authorities and interoperability coordinators.

(40) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on…,

HAVE ADOPTED THIS REGULATION:

Chapter 1 General provisions

Article 1

Subject matter and scope

1. This Regulation lays down measures to promote the cross-border interoperability of network and information systems which are used to provide or manage public services in the Union by establishing common rules and a framework for coordination and cooperation on public sector interoperability, with the aim of fostering the development of interoperable trans-European digital public services infrastructure and enhancing the efficienncy of public administrations.

2. This Regulation applies to public sector bodies of Member States and Union institutions, bodies, offices and agencies ▌that provide or manage network or information systems▌.

Article 2

Definitions

For the purpose of this Regulation, the following definitions apply:

(1) ‘cross-border interoperability’ means the ability of ▌the public sector bodies in different Member States and institutions, bodies, and agencies of the Union ▌to interact with each other by sharing data by means of electronic communication;

(2) ‘network and information system’ means a network and information system as defined in Article46, point (1), of ▌ Directive (EU) 2022/2555 of the European Parliament and of the Council7a;

(3) ‘interoperability solution’ means a ▌reusable asset concerning legal, organisational, semantic or technical requirements to ▌enable cross-border interoperability, such as conceptual frameworks, guidelines, reference architectures, technical specifications, standards, services and applications, as well as documented technical components, such as source code;

(4) ‘public sector body’ means a public sector body as defined in Article 2, point (1), of Directive (EU) 2019/1024 of the European Parliament and of the Council7b;

(5) ‘data’ means data as defined in Article 2, point (1), of Regulation (EU) 2022/868 of the European Parliament ▌and ▌of the Council;

(6) ‘machine-readable format’ means a machine-readable format as defined in Article 2, point (13), of Directive (EU) 2019/1024;

(7) ‘GovTech’ means a technology-based cooperation between public and private sector actors supporting public sector digital transformation;

(8) ‘standard’ means a standard as defined in Article 2, point (1), of Regulation (EU) No 1025/2012 of the European Parliament and of the Council;

(8a) ‘ICT technical specification’ means ICT technical specification as defined in Article 2, point (5), of Regulation (EU) No 1025/2012;

(9) ‘highest level of management’ means a manager, management or coordination and oversight body at the most senior administrative level, taking account of the high-level governance arrangements in each institution, body or agency of the Union.

(9a) ‘cross-border public service’ means a service created or controlled by public authorities which involves data exchanges between information systems of public sector bodies in different Member States and institutions, bodies, and agencies of the Union across Member States, by means of dedicated functions and procedures.

(9b) ‘key public services’ means key public services as defined in Article 2, point (8), of Decision (EU) 2022/24819a;

(9c) ‘innovative public service’ means every new technique, solution, method, process or organisationnal procedure used to improve the provision of public services to citizens.

Article 3

Interoperability assessment

1. Where a public sector body or an institution, an agency or body of the Union intends to set up a new or significantly modify an existing network and information system ▌ it shall carry out an assessment of the impacts of the planned action on cross-border interoperability (‘interoperability assessment’) in the following cases:

(a) where the intended set-up or modification affects one or more network and information systems used for the provision of cross-border public services or for public sector bodies across different Member States to interact with each other by sharing data by means of electronic communication ;

(b) where the intended set-up or modification will most likely result in procurements for network and information systems ▌above the threshold set out in Article 4 of Directive 2014/24/EU;

(c) where the intended set-up or modification concerns a network and information system ▌funded through Union programmes.

▌2. The interoperability assessment shall be carried out before taking decisions on the legal, organisational, semantic or technical requirements for the new or modified network and information system in a binding manner. A single interoperability assessment may be carried out to address a set of requirements and several network and information systems.

The public sector body or the institution, body or agency of the Union concerned shall publish a report presenting the outcome of the interoperability assessment on its website in a machine readable format, facilitating automated translation and share it electronically with the Commission. The Commission shall ensure that such reports are published on the Interoperable Europe portal and that a translation into any official language of the institutions of the Union is made available by means of an automated system.

The publication shall not compromise intellectual property rights or trade secrets, public order or security.

3. The national competent authorities and the interoperability coordinators shall advise local and regional authorities whether an interoperability assessment of an intended operation is required and shall provide the necessary support to carry out the interoperability assessment. The Commission shall provide technical tools to support the assessment.

4. The interoperability assessment shall contain at least:

(a) a description of the intended operation and its impacts on the cross-border interoperability of one or several network and information systems concerned, including anestimation of the complexity of the project for the adaptation of the network and information systems concerned;

(b) a description of the level of alignment of the network and information systems concerned with the European Interoperability Framework, and with the Interoperable Europe solutions, after the operation and where it has improved compared to the level of alignment before the operation;

(c) a description of the Application Programming Interfaces that enable machine-to-machine interaction with the data considered relevant for cross-border exchange with other network and information systems.

5. The public sector body, or institution, body or agency of the Union concerned shall consult recipients of the services affected or their representatives on the intended operation if it directly affects the recipients. This consultation is without prejudice to the protection of commercial or public interests or the security of such systems.

6. The Interoperable Europe Board shall adopt guidelines on the content of the interoperability assessment by … at the latest [six monthsafter the entry into force of this Regulation], including practical check lists.

Article 4

Share and reuse of interoperability solutions between public sector bodies, institutions, bodies and agencies of the Union

1. A public sector body or an institution, body or agency of the Union shall make available to any other such entity that requests it, interoperability solutions that ▌include all the elements of the interoperability solution including:

(a) the list of the open standards and common technical specifications that will be used;

(b) the list of the potential re-usable solutions created, or of the use of such existing solutions;

(c) the technical documentation, version history and, where applicable, the documented source code of the intended network and information system;

This obligation to share shall not apply to any of the following interoperability solutions:

(a) thosesupport processes which fall outside the scope of the public task of the public sector bodies or institutions, bodies, or agencies of the Union concerned as defined by law or by other binding rules, or, in the absence of such rules, as defined in accordance with common administrative practice in the Member State or Union administrations in question, provided that the scope of the public tasks is transparent and subject to review;

(b) for which third parties hold intellectual property rights and do not allow sharing;

(i) sensitive critical infrastructure protection related information as defined in Article 2, point (d) of Council Directive 2008/114/EC;

(ii) the protection of defence interests, or public security.

2. To enable the reusing entity to manage the interoperability solution autonomously, the sharing entity shall specify the guarantees that will be provided to the reusing entity in terms of cooperation, support and maintenance. Before adopting the interoperability solution, the reusing entity shall provide to the sharing entity an assessment of the solution covering its ability to manage autonomously the cybersecurity and the evolution of the reused interoperability solution.

3. The obligation in paragraph 1 of this Article may be fulfilled by publishing the relevant content on the Interoperable Europe portal or a portal, catalogue or repository connected to the Interoperable Europe portal. In that case, paragraph 2 of this Article shall not apply to the sharing entity. The publication on the Interoperable European portal shall be made by the Commission, at the request of the sharing entity.

4. A public sector body, an institution, body or agency of the Union or a third party using an interoperability solution may adapt it to its own needs. If the interoperability solution was made public as set out in paragraph 3, the adapted interoperability solution shall be made public in the same way.

5. The sharing and reusing entities may conclude an agreement on sharing the costs for future developments of the interoperability solution.

5a. Public sector bodies, institutions, bodies and agencies of the Union shall prioritise implementation of interoperability solutions that do not carry restrictive licensing terms, such as open source solutions. The Commission shall provide support in identifying, developing and deploying such solutions, as provided for in Article 9.

5b. The Interoperable Europe Board shall adopt guidelines on the sharing of interoperability solutions by … [six months after the entry into force of this Regulation], including practical check lists.

Chapter 2 Interoperability solutions

Article 5

General principles

1. The Commission shall publish Interoperable Europe solutions and the European Interoperability Framework on the Interoperable Europe portal, by electronic means, in formats that are open, machine-readable, accessible, for persons with disabilities in line with Directive (EU) 2016/2102 of the European Parliament and of the Council10a and Directive (EU) 2019/882 of the European Parliament and of the Council10b findable and re-usable, if applicable, together with their documented source code and metadata. Machine translated versions of the publication, shall be made available in all the official languages of the institutions of the Union.

2. The Interoperable Europe Board shall monitor the overall coherence of the developed or recommended interoperability solutions, and propose measures to ensure, where appropriate, their compatibility with other interoperability solutions that share a common purpose, while supporting, where relevant, the complementarity with or transition to new technologies.

Article 6

European Interoperability Framework and specialised interoperability frameworks

1. The Interoperable Europe Board shall develop a European Interoperability Framework (EIF) and propose to the Commission to adopt it. In the event that the Commission adopts the EIF, it shall publish the EIF, in the Official Journal of the European Union.

2. The EIF shall provide a model and a set of recommendations on legal, organisational, semantic and technical interoperability, addressed to all entities falling within the scope of this Regulation for interacting with each other through their network and information systems. The EIF shall be taken into account in the interoperability assessment in accordance with Article 3(4), point (b) and Article 3(6).

3. The Commission, after consulting the Interoperable Europe Board, may adopt other interoperability frameworks (‘specialised interoperability frameworks’) targeting the needs of specific sectors or administrative levels. The specialised interoperability frameworks shall be based on the EIF. The Interoperable Europe Board shall assess the alignment of the specialised interoperability frameworks with the EIF. The Commission shall publish the specialised interoperability frameworks on the Interoperable Europe portal.

4. Where a Member State develops a national interoperability framework and other relevant national policies, strategies or guidelines, it shall take into outmost account the EIF.

Article 7

Interoperable Europe solutions

1. The Interoperable Europe Board shall recommend interoperability solutions for the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union. When an interoperability solution is recommended by the Interoperable Europe Board, it shall carry the label ‘Interoperable Europe solution’ and shall be published on the Interoperable Europe portal.

The Interoperable Europe Board may withdraw its recommendation resulting in removal of the ‘Interoperable Europe solution’ label, and its removal from the portal, if necessary.

2. In order to qualify for the label ‘Interoperable Europe solution’ a solution shall at least:

(a) be available for re-use;

(b) be aligned with open standards;

(d) comply with the guidelines set by Interoperable Europe Board.

Article 8

Interoperable Europe portal

1. The Commission shall provide a portal (‘the Interoperable Europe portal’) as a single point of entry for information related to cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union. The portal shall be easily electronically accessible to all citizens, including persons with disabilities in line with Directive (EU) 2016/2102 and Directive (EU) 2019/882 and free of charge. The portal shall have at least the following functions:

(a) access to Interoperable Europe solutions;

(b) access to other interoperability solutions not bearing the label ‘Interoperable Europe solution’ and provided for by other Union policies or fulfilling the requirements set out in Paragraph 2;

(c) access to ICT technical specifications eligible for referencing in accordance with Article 13 of Regulation (EU) No 1025/2012;

(d) access to information on processing of personal data in the context of innovationsandboxes referred to in Articles 11 and 12, if any high risks to the rights and freedoms of the data subjects, as referred to in Article 35(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council12a and in Article 39 of Regulation (EU) 2018/1725 of the European Parliament and of the Council12b, has been identified, as well as access to information on response mechanisms to promptly mitigate those risks. The published information may include a disclosure of the data protection impact assessment;

(e) fostering knowledge exchange between members of the Interoperable Europe Community, as set out in Article 16, such as providing a feedback system to express their views on measures proposed by the Interoperable Europe Board or express their interest to participate to actions related to the implementation of this Regulation;

(ea) listing best practices and knowledge sharing of technical, operational, organizational or administrative guidelines supporting interoperability and competitiveness in the context of public procurement, information security, IT integration and data management;

(f) access to interoperability-related monitoring data referred to in Article 20;

(g) allowing citizens , businesses, in particular SMEs, as well as the civil society organisations to provide feedback on the published content;

(ga) other functions proposed by the Interoperable Europe Board.

2. The Interoperable Europe Board may propose to the Commission to publish on the portal other interoperability solutions or to have them referred to on the portal. Such solutions shall:

(a) not be subject to third party rights or contain personal data or confidential information;

(b) have a high-level of alignment with the Interoperable Europe solutions which may be proven by publishing the outcome of the interoperability assessment referred to in Article 3;

(c) use a licence that allows at least for the reuse by other public sector bodies or institutions, bodies or agencies of the Union or be issued as open source. An open source licence means a licence whereby the reuse of the software is permitted for all specified uses in a unilateral declaration by the right holder, and where the source codes of the software are made available for users;

(d) be regularly maintained under the responsibility of the owner of the interoperability solution.

3. When a public sector body or an institution, body or agency of the Union provides a portal, catalogue or repository with similar functions, it shall take the necessary measures to ensure interoperability with the Interoperable Europe portal. Where such portals collect open source solutions, they shall allow for the use of the European Union Public Licence.

4. The Commission may adopt guidelines on interoperability for other portals with similar functions as referred to in paragraph 3.

Chapter 3 Interoperable Europe support measures

Article 9

Policy implementation support projects

1. The Interoperable Europe Board may propose to the Commission to set up projects to support public sector bodies in the digital implementation of Union policies ensuring the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically (‘policy implementation support project’).

2. The policy implementation support project shall set out:

(a) the existing Interoperable Europe solutions deemed necessary for the digital implementation of the policy requirements;

(b) any missing interoperability solutions to be developed, deemed necessary for the digital implementation of the policy requirements;

(ca) financial support opportunities to assist the implementation of interoperability solutions.

3. The Commission shall set out, after consulting the Interoperable Europe Board, the scope, the timeline, the needed involvement of sectors and administrative levels and the working methods of the support project. If the Commission has already performed and published an interoperability assessment, in accordance with Article 3, the outcome of that assessment shall be taken into account when setting up the support project.

4. In order to reinforce the policy implementation support project, the Interoperable Europe Board may propose to establish a innovation sandbox as referred to in Article 11.

5. The outcome of a policy implementation support project as well as interoperability solutions developed in the project shall be openly available and made public on the Interoperable Europe Portal.

Article 10

Innovation measures

1. The Interoperable Europe Board may propose to the Commission to set up innovation measures to support the development and uptake of innovative interoperability solutions in the EU (‘innovation measures’).

2. Innovation measures shall:

(a) contribute to the development of existing or new Interoperable Europe solutions also as a prerequisite of an open ICT ecosystem;

(aa) provide technological changes through incremental innovation on existing products and services, combining systems, components or applications;

(b) involve GovTech and CivicTech actors.

3. In order to support the development of innovation measures, the Interoperable Europe Board may propose to set up innovation sandboxes , with the aim of offering innovative public services to citizens.

4. The Commission shall make the results from the innovation measures openly available on the Interoperable Europe portal.

Article 11

Establishment of innovation sandboxes

1. Innovation sandboxes shall provide a controlled environment for the development, testing and validation of innovative interoperability solutions ▌for a limited period of time before putting them into service, with the aim of offering innovative public services to citizens and businesses.

2. Innovation sandboxes shall be operated under the responsibility of the participating public sector bodies or Union institutions, bodies, offices and agencies and, where the sandbox is authorised to process personal data by public sector bodies, under the supervision of other relevant national, regional or local supervisory authorities, or where the sandbox is authorised to process personal data by institutions, bodies, and agencies of the Union, under supervisionof the European Data Protection Supervisor.

3. The establishment of a innovation sandbox as set out in paragraph 1 shall aim to contribute to the following objectives:

(a) foster innovation and facilitate the development and roll-out of innovative digital interoperability solutions for public services;

(b) facilitate cross-border cooperation between national regional and local competent authorities and synergies in public service delivery;

(c) facilitate the development of an open European GovTech ecosystem, including cooperation with small and medium enterprises, research and educational institutions and start-ups;

(d) enhance authorities’ understanding of the opportunities or barriers to cross-border interoperability of innovative interoperability solutions, including legal or infrastructure barriers;

(e) contribute to the development or update of Interoperable Europe solutions.

4. The establishment of innovation sandboxes shall contribute to improving legal certainty through cooperation with the authorities involved in the innovation sandbox with a view to ensuring compliance with this Regulation and, where appropriate, with other Union and Member States legislation.

4a. In order to ensure a harmonised approach and support the implementation of innovation sandboxes, the Commission may issue guidelines and clarifications, without prejudice to the provisions of other Union legal acts that apply in the course of the implementation of this Regulation. In particular, where a sector-specific Union legal act requires the participants in an innovation sandbox to comply with specific additional legal, technical, administrative or organisational requirements, the relevant provisions of that sector-specific Union legal act shall also apply.

5. The Commission, after consulting the Interoperable Europe Board and, where the innovation sandbox would include the processing of personal data, the European Data Protection Supervisor, shall upon joint request from at least three participating public sector bodies authorise the establishment of a innovation sandbox. Where appropriate the request shall specify information such as the purpose of the processing of personal data, the actors involved and their roles, the categories of personal data concerned, and their source(s) and the envisaged retention period. This consultation shallnot replace the prior consultation referred to in Article 36 of Regulation (EU) 2016/679 and in Article 40 of Regulation (EU) 2018/1725. Where the sandbox is set up for interoperability solutions supporting the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically by one or more institutions, bodies or agencies of the Union, eventually with the participation of public sector bodies, no authorisation shall beneeded.

Article 12

Participation in the innovationy sandboxes

1. The participating public sector bodies shall ensure that, to the extent the innovative interoperability solution involves the processing of personal data or otherwise falls under the supervisory remit of other national, regional or local authorities providing or supporting access to data, the national data protection authorities and those other national, regional or local authorities are associated to the operation of the innovation sandbox. As appropriate, the participating public sector bodies may allow for the involvement in the innovation sandbox of other actors within the GovTech ecosystem such as national or European standardisation organisations, notified bodies, research and experimentation labs, innovation hubs, and companies wishing to test innovative interoperability solutions, in particular SMEs and start-ups. Cooperation may only be envisaged with third countries establishing mechanisms to support innovative interoperability solutions for the public sector, provided that safeguards concerning data protection are envisioned.

2. Participation in the innovation sandbox shall be limited to a period that is appropriate to the complexity and scale of the project, and in any case not longer than 2 years from the establishment of the innovation sandbox. The participation may be extended for up to 6 monthsif necessary to achieve the purpose of the processing.

3. Participation in the innovation sandbox shall be based on a specific plan elaborated by the participants taking into account the advice of other national competent authorities or the European Data Protection Supervisor, as applicable. The plan shall contain as a minimum the following:

(a) description of the participants involved and their roles, the envisaged innovative interoperability solution and its intended purpose, and relevant development, testing and validation process;

(b) the specific innovation issues at stake and the guidance that is expected from the authorities supervising the innovation sandbox;

(c) the specific modalities of the collaboration between the participants and the supervisory authorities, as well as any other actor involved in the innovation sandbox;

(d) a risk management and monitoring mechanism to identify, prevent and mitigate any risk;

(e) the key milestones to be completed by the participants for the interoperability solution to be considered ready to be put into service;

(f) evaluation and reporting requirements and possible follow-up;

(g) where it is strictly necessary and proportionate to process personal data, the reasons for such processing, an indication of the categories of personal data concerned, the purposes of the processing for which the personal data are intended, the controllers, processors and recipients involved in the processing and their role.

4. The participation in the innovation sandboxes shall not affect the supervisory and corrective powers of any authorities supervising the sandbox.

5. Participants in the innovation sandbox shall remain liable under applicable Union law and Member States legislation on liability for any damage caused in the course of their participation in the innovation sandbox.

6. Personal data may only be processed in the innovation sandbox subject to the following cumulative conditions:

(a) the innovative interoperability solution is developed for safeguarding public interests in the area of a high level of efficiency and quality of public administration and public services;

(b) the data processed is limited to what is necessary for the functioning of the interoperability solution to be developed or tested in the sandbox, and the functioning cannot be effectively achieved by processing anonymised, synthetic or other non-personal data;

(c) there are effective monitoring mechanisms to identify if any high risks to the rights and freedoms of the data subjects, as referred to in Article 35(1) of Regulation (EU) 2016/679 and in Article 39 of Regulation (EU) 2018/1725, may arise during the operation of the sandbox, as well as a response mechanism to promptly mitigate those risks and, where necessary, stop the processing;

(d) any personal data to be processed are in a functionally separate, isolated and protected data processing environment under the control of the participants and only duly authorised persons have access to that data;

(e) any personal data processed are not to be transmitted, transferred or otherwise accessed by other parties that are not participants in the sandbox nor transferred to parties other than the participants of the sandbox;

(f) ▌ the application of the rights of the data subjects as provided for under Union law on the protection of personal data, ▌is fully ensured by participants in the sandbox, including through appropriate technical and organisational arrangements;

(fa) personal data are not processed for purposes other than those for which the personal data were initially collected;

(g) any personal data processed are protected by means of appropriate technical and organisational measures and deleted once the participation in the sandbox has terminated or the personal data has reached the end of its retention period;

(h) the logs of the processing of personal data are kept for the duration of the participation in the sandbox and for a limited period after its termination solely for the purpose of and only as long as necessary for fulfilling accountability and documentation obligations under Union or Member States legislation;

(i) a complete and detailed description of the process and rationale behind the training, testing and validation of the interoperability solution is kept together with the testing results as part of the technical documentation and transmitted to the Interoperable Europe Board;

(j) a short summary of the interoperability solution developed in the sandbox, its objectives and expected results are made available on the Interoperable Europe portal.

7. The participating public sector bodies or Union institutions, bodies, offices and agencies shall submit periodic reports and a final report to the Interoperable Europe Board and the Commission on the results from the innovation sandboxes, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the development of this Regulation and other Union legislation supervised within the innovation sandbox. The Interoperable Europe Board shall issue an opinion to the Commission on the outcome of the innovation sandbox, specifying, where applicable, the actions needed to implement new interoperability solutions to promote the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically.

8. The Commission shall ensure that information on the innovation sandboxes is available on the Interoperable Europe portal.

9. The Commission is empowered to adopt implementing acts to set out the detailed rules and the conditions for the establishment and the operation of the innovation sandboxes, including the eligibility criteria and the procedure for the application for, selection of, participation in and exiting from the sandbox, and the rights and obligations of the participants.

10. Where a innovation sandbox involves the use of artificial intelligence, the rules set out under Article 53 and 54 of the [proposal for a] Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts shall prevail in case of conflict with the rules set out by the Regulation.

Article 13

Training

1. The Commission, assisted by the Interoperable Europe Board, shall provide training material on the use of the EIF and on Interoperable Europe solutions, including on free and open source solutions. Public sector bodies and institutions, bodies and agencies of the Union shall provide their staff entrusted with strategical or operational tasks having an impact on network and information systems in the Union with appropriate training programmes concerning interoperability issues.

2. The Commission shall organise free of charge training courses on interoperability issues at Union level to enhance cooperation and the exchange of best practices between the staff of public sector bodies, institutions, bodies and agencies of the Union. The courses targeted at decision-makers and practitioners shall be announced in all official languages of the institutions of the Union on the Interoperable Europe portal ▌.

All public sector employees shall have access to the training resources made available by the Commission in order to ensure a broad understanding of the benefits, implications and uses of interoperability. These may consist of online information sessions, video tutorials, and workshops, amongst others. The Commission shall put in place a strategy to promote and further extend its training offer, including by developing partnerships with national, regional and local authorities and supporting their training activities.

Article 14

Peer reviews

1. A voluntary mechanism for cooperation between public sector bodies designed to support them to implement Interoperable Europe solutions in their network and information systems and to help them perform the interoperability assessments referred to in Article 3 (‘peer review’) shall be established.

2. The peer review shall be conducted by interoperability experts drawn from Member States other than the Member State where the public sector body undergoing the review is located. The Commission may, after consulting the Interoperable Europe Board, adopt guidelines on the methodology and content of the peer-review.

3. Any information obtained through a peer review shall be used solely for that purpose. The experts participating in the peer review shall not disclose any sensitive or confidential information obtained in the course of that review to third parties. The Member State concerned shall ensure that any risk of conflict of interests concerning the designated experts is communicated to the other Member States and the Commission without undue delay.

4. The experts conducting the peer review shall prepare and present within one month after the end of the peer review a report and submit it to the public sector body concerned and to the Interoperable Europe Board. The reports shall be published on the Interoperable Europe portal when authorised by the Member State where the public sector body undergoing the review is located.

Chapter 4 Governance of cross-border interoperability

Article 15

Interoperable Europe Board

1. The Interoperable Europe Board is established. It shall facilitate strategic cooperation and the exchange of information on cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union.

2. The Interoperable Europe Board shall be composed of:

(a) one representative of each Member State;

(b) one representative designated by ▌:

(i) the Commission;

(ia) the European Parliament;

(ii) the Committee of the Regions;

(iii) the European Economic and Social Committee;

(iiia) the EU Cybersecurity Agency (ENISA).

2a. The European Cybersecurity Competence Centre and Network shall participate as an observer.

3. The Interoperable Europe Board shall be chaired by the Commission. Countries participating in the European Economic Area and candidate countries may be invited as observers. In addition, the Chair may give the status of observer to individuals, regions and organisations after consultation with the Interoperable Europe Board. The Chair may invite to participate, on an ad hoc basis, experts with specific competence in a subject on the agenda. The Commission shall provide the secretariat of the Interoperable Europe Board.

The members of the Interoperable Europe Board shall make every effort to adopt decisions by consensus. In the event of a vote, the outcome of the vote shall be decided by absolutemajority of itsmembers. The members who have voted against or abstained shall have the right to have a document summarising the reasons for their position annexed to the opinions, recommendations or reports.

4. The Interoperable Europe Board shall have the following tasks:

(a) support with technical expertise and advice on the implementation of ▌ interoperability frameworks of the Member States and of the institutions, bodies and agencies of the Union and other relevant Union and national policies, strategies or guidelines, including 'digital-by-default' principle and 'interoperability-by-design' approach;

(aa) complement and coordinate efforts in order to achieve a more effective and efficient use of resources;

(b) adopt guidelines on the content of the interoperability assessment referred to in Article 3(6);

(ba) adopt guidelines on sharing the interoperability solutions referred to in Article 4;

(d) monitor the overall coherence of the developed or recommended interoperability solutions, on national, regional and local level;

(e) propose to the Commission measures to ensure, where appropriate, the compatibility of interoperability solutions with other interoperability solutions that share a common purpose, while supporting, where relevant, the complementarity with or transition to new technologies;

(f) develop the EIF and update it, if necessary, and propose it to the Commission;

(g) assess the alignment of the specialised interoperability frameworks with the EIF and answer the request of consultation from the Commission on those frameworks;

(h) approve guidelines for awarding the Interoperable Europe label and recommend Interoperable Europe solutions;

(i) propose to the Commission to publish on the Interoperable Europe portal the interoperability solutions referred to in Article 8(2), or to have them referred to on the portal;

(j) propose to the Commission to set up policy implementation support projects and innovation measures and other measures that the Interoperable Europe Community may propose;

(ja) propose guidelines that foster the integration of interoperable solutions in public procurement and tenders;

(k) review reports from innovation measures, on the use of the innovation sandbox and on the peer reviews and propose follow-up measures, if necessary;

(l) propose measures to enhance interoperability capabilities of public sector bodies, such as trainings;

(la) propose measures to support the public administrations in development and deployment of interoperability solutions, that meets the EIF requirements, including for open source solutions;

(m) adopt the Interoperable Europe Agenda;

(n) provide advice to the Commission on the monitoring and reporting on the application of this Regulation;

(o) propose measures to relevant standardisation organisations and bodies to contribute to European standardisation activities, in particular through the procedures set out in Regulation (EU) No 1025/2012;

(p) propose measures to collaborate with international bodies and research and educational institutions that could contribute to the development of the cross-border interoperability, especially international communities on open source solutions, open standards or specifications and other platforms without legal effects;

(q) coordinate with the European Data Innovation Board, referred to in Regulation (EU) No 2022/686 on interoperability solutions for the common European Data Spaces, as well as with any other Union institution, body, or agency of the Union working on interoperability solutions relevant for the public sector;

(r) inform regularly and coordinate with the interoperability coordinators and the Interoperable Europe Community on matters concerning cross-border interoperability of network and information systems and on relevant Union funded projects and networks;

(ra) provide guidance and support to Member States in establishing a common and harmonised Union cross-border procurement for interoperable solutions;

(rb) propose new functionalities for the European Interoperability portal.

5. The Interoperable Europe Board may set up working groups to examine specific points related to the tasks of the Interoperable Europe Board. Working groups shall involve members of the Interoperable Europe Community.

6. The Interoperable Europe Board shall adopt its own rules of procedure.

Article 16

Interoperable Europe Community

1. The Interoperable Europe Community is established. It shall contribute to the activities of the Interoperable Europe Board by providing expertise and advice.

2. Public and private stakeholders as well as civil society organisations and academic contributors residing or having their registered office in a Member State may register on the Interoperable Europe portal as a member of the Interoperable Europe Community. Registration and membership shall be free of charges and fees. In order to promote participation, the Commission may establish support programmes for individuals, civil society organisations, research and educational institutions, SMEs and start-ups, and regional and local administrations.

3. After confirmation of the registration, the membership status shall be made public on the Interoperable Europe portal. Membership shall not be limited in time. It may however be revoked by the Interoperable Europe Board at any time for proportionate and justified reasons, especially if a person is no longer able to contribute to the Interoperable Europe Community or has abused its status as a member of the Community.

4. The members of the Interoperable Europe Community may be invited to among other:

(a) contribute to the content of the Interoperable Europe portal;

(aa) contribute to the development of interoperability solutions;

(b) participate in the working groups;

(ca) support public sector bodies, institutions, agencies or bodies of the Union in carrying out interoperability assessments;

(cb) attend the Interoperable Europe Board meetings and activities as observers;

(cc) promote the use of interoperability standards and frameworks.

5. The Interoperable Europe Board shall organise at least once a year an online assembly of the Interoperable Europe Community.

6. The Interoperable Europe Board shall adopt the code of conduct for the Interoperable Europe Community that shall be published on the Interoperable Europe portal.

Article 17

National competent authorities

1. By … at the latest [the date of application of this Regulation], each Member State shall designate one or more competent authorities as responsible for the application of this Regulation. Member States may designate an existing authority to that effect.

2. The competent authority shall have the following tasks:

(a) appoint a member to the Interoperable Europe Board;

(b) coordinate within the Member State all questions related to this Regulation;

(c) support public sector bodies within the Member State to set up or adapt their processes to do interoperability assessment referred to in Article 3;

(d) foster the share and reuse of interoperability solutions through the Interoperable Europe portal or other relevant portal;

(e) contribute with country-specific knowledge to the Interoperable Europe portal;

(f) coordinate and encourage the active involvement of a diverse range of national, regional and local entities in the Interoperable Europe Community and their participation in policy implementation support projects as referred to in Article 9 and innovation measures referred to in Article 10;

(g) support public sector bodies in the Member State to cooperate with the relevant public sector bodies in other Member States on topics covered by this Regulation.

3. The Member States shall ensure that the competent authority has adequate competencies and resources to carry out, in an effective and efficient manner, the tasks assigned to it. In this regard, the Commission shall put forward proposals aiming to ensure that competent authorities of Member States receive appropriate funding and guidance to support the performance of related tasks.

4. The Member States shall set up the necessary cooperation structures between all national authorities involved in the implementation of this Regulation. Those structures may build on existing mandates and processes in the field.

5. Each Member State shall notify to the Commission, without undue delay, the designation of the competent authority, its tasks, and any subsequent change thereto, and inform the Commission of other national authorities involved in the oversight of the interoperability policy. Each Member State shall make public the designation of their competent authority. The Commission shall publish the list of the designated competent authorities.

Article 18

Interoperability coordinators for institutions, bodies and agencies of the Union

1. All institutions, bodies and agencies of the Union that provide or manage network and information systems that enable public services to be delivered or managed electronically shall designate an interoperability coordinator under the oversight of its highest level of management to ensure the contribution to the implementation of this Regulation.

2. The interoperability coordinator shall support the concerned departments to set up or adapt their processes to implement the interoperability assessment.

Chapter 5 Interoperable Europe planning and monitoring

Article 19

Interoperable Europe Agenda

1. After organising a public consultation process through the Interoperable Europe portal that involves, among others, the members of the Interoperable Europe Community, the Interoperable Europe Board shall adopt each year a strategic agenda to plan and coordinate priorities for the development of cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically. (‘Interoperable Europe Agenda’). The Interoperable Europe Agenda shall take into account the Union’s long-term strategies for digitalisation, existing Union funding programmes and ongoing Union policy implementation.

2. The Interoperable Europe Agenda shall contain:

(a) a needs assessment for the development of interoperability and infrastructure solutions;

(b) a list of ongoing and planned Interoperable Europe support measures;

(d) identification of synergies with other relevant Union and national programmes and initiatives;

(da) indications of available financial opportunities in support of the priorities included;

(db) the main objectives and key performance indicators for measuring the achievement of those objectives.

3. The Interoperable Europe Agenda shall not constitute financial obligations and further administrative burden. After its adoption, the Commission shall publish the Agenda on the Interoperable Europe portal and provide regular updates on its implementation.

Article 20

Monitoring and evaluation

1. The Commission and the Interoperable Europe Board shall monitor the progress of the development of cross-border interoperable public services to be delivered or managed electronically in the Union. The monitoring shall make use of the indicators set by the Interoperable Europe Board and reuse of existing international, Union and national monitoring data and to automated data collection in order to achieve an accurate reflection of actions and activities on national, local and regional level.

2. As regards topics of specific interest for the implementation of this Regulation, the Commission shall monitor:

(a) the implementation of the EIF by the Member States;

(b) the take-up of the interoperability solutions in different sectors, across the Member States, and at local level;

(c) the development of open source solutions for the public services, public sector innovation and the cooperation with GovTech actors, including SMEs and start-ups, in the field of cross-border interoperable public services to be delivered or managed electronically in the Union;

(ca) the impact of the Regulation on advancing transparency, good governance, accessibility, social inclusion and good-quality public services, especially with regards to the reduction of the administrative burden, to the benefit of citizens, public sector workers and businesses, in particular SMEs;

(cb) the impact of interoperability solutions on the areas with lower levels of connectivity such as rural and peripheral areas as well as islands;

(cc) training, upskilling and reskilling of public sector employees;

(cd) cost-benefit analysis on the implementation of cross-border interoperability measures in the Union;

(ce) the accessibility of cross-border interoperable public services to relevant users.

2a. All monitoring and evaluation activities shall take into account the different starting points of the Member States and of regions with lower levels of connectivity, of rural and peripheral areas and islands.

3. Monitoring results shall be published by the Commission on the Interoperable Europe portal. Where feasible, they shall be published in a machine-readable format.

4. By ... at the latest [three years after the date of application of this Regulation], and every four years thereafter, the Commission shall present to the European Parliament and to the Council a report on the application of this Regulation, which shall include conclusions of the evaluation. The report shall specifically assess the need for establishing mandatory interoperability solutions.

Chapter 6 Final provisions

Article 21

Costs

1. Subject to the availability of funding, the general budget of the Union shall cover the costs of:

(a) the development and maintenance of the Interoperable Europe portal;

(b) the development, maintenance and promotion of Interoperable Europe solutions;

2. These costs shall be met in compliance with the applicable provisions of the relevant basic act.

Article 22

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from [3 months after the date of entry into force of this Regulation].

The requirement to perform interoperability assessments provided in Article 3 shall apply from [3 months after the date of entry into force of this Regulation], except for the following:

(a) Article 3 shall apply to institutions, bodies and agencies of the Union and public sector bodies at State level from [6 months after the date of entry into force of this Regulation].

(b) Article 17(1) shall apply from [6 months after the date of entry into force of this Regulation];

(c) Article 3 shall apply to regional and local public sector bodies [12 months after the date of entry into force of this Regulation].

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at …,

For the European Parliament For the Council

The President The President

EXPLANATORY STATEMENT

The Rapporteur welcomes the Regulation for a high level of public sector interoperability across the Union. The proposal presents a timely and logical step in the evolution of a process that has started in 1994 with the first EU programmes in support of the development and dissemination of interoperability solutions for public administrations and businesses and setting up cross-border digital services infrastructures ‘to enable citizens of the Union, economic operators and regional and local communities to derive full benefit from the setting-up of an area without internal frontiers’

Digital transformation is amongst the highest priorities for public administrations, and Member States are investing heavily in their digitisation. This process does not happen in legal vacuum and in this respect the rapporteur believes that the new Regulation should take due account of legal developments and most importantly in regards of the interoperability requirements to be set in the upcoming Data Act.

While more and more services provided by the EU public sector become digital, their level of interoperability is still insufficient. The Regulation is a very welcomed development to address the need for further progress and in his draft the rapporteur proposes that the annual strategic planning exercise ‘Interoperable Europe Agenda’ should also measure the progress achieved against clear key performance indicators.

Raising the level of Interoperability is a mighty lever in reducing the costs to citizens in interacting with public administrations. It is also critical for reducing the costs of doing business in the EU. To this end the draft report seeks to further strengthen the provisions for accessibility and free of charge access.

The availability and the speed of provision of public services also heavily depend on the ability of public administrations to communicate efficiently with each other. What is harder to measure, but not less important is the value of interoperability for civil rights, digital involvement for all, diversity and democratising public knowledge.

The Rapporteur believes that the European Interoperability Framework (EIF) should further the principle of multilingualism in the public service sector and encourage use of the most advanced technologies (such as artificial intelligence) to preserve linguistic diversity while enhancing efficiency of the exchanges between information systems across language boundaries.

Strengthening public sector interoperability also widens the opportunities for innovation, better planning ahead (e.g. in crisis situations) and improved technological sovereignty of the EU. In this respect the draft suggests a widening of the scope of the regulation beyond only those systems that electronically are delivering public services. All public sector IT systems interacting across borders with each-other should be interoperable not depending on the reason for interaction – providing public service (G2C and G2B) or administration’s internal needs (G2G).

An excellent innovation introduced by the proposal is the new system of peer reviews. To safeguard that it remains a mechanism facilitating mutual learning and sharing of best practices, and not of comparisons mechanism between public entities with very different budgets and staffing numbers, the rapporteur introduced a proposal that the reviews shall be conducted only at the request of a public sector body.

The proposal represents a further step in the development of the EIF which was first established in 2004, by setting up a governance structure to support its development and establishing it as a benchmark for the new interoperability assessments. The Interoperable Europe Board (IEB), overseeing the EIF will now also recommend interoperability solutions, distinguishing them with the label ‘Interoperable Europe solution’. The rapporteur believes that the value of the recommendation as a mark of excellence could be better guaranteed if the IEB can also remove the ‘Interoperable Europe solution’ label, when necessary.

The proposal also formalises and strengthens the ‘Interoperable Europe Community’ already emergent between relevant stakeholders in the field of cross-border and cross-sector interoperability, and re-energises and rebrands their online platform JoinUp, which has already more than 10 years history, as a one-stop-shop ‘Interoperable Europe portal’. In support of the entities sharing and re-using solutions the draft report foresees that the IEB shall adopt clear guidelines to guarantee the ease of use and comparison.

Last but not least the proposal has in its scope the European Institutions, Bodies, Agencies and offices. In this respect the rapporteur believes that the European Parliament should be represented in the IEB.

Member States and the Union have been working for more than two decades to support the modernisation of administrations through digital transformation and foster the deep interconnections needed for a truly European digital space. With this regulation we will be creating a strong legal foundations for the next digital decade.

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The Rapporteur and/or his assistants have met representatives of

- the Permanent Representations to the EU of Spain, Belgium, Latvia, Estonia

- Hanbury Strategy (TR 884060637263-03)

- Committee of Regions

and received written input from Microsoft Europe and Red Hat

29.6.2023

OPINION OF THE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS

AMENDMENTS

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Industry, Research and Energy, as the committee responsible, to take the following into account:

Amendment 1

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) In the pursuit of cross-border interoperability and the digital public services infrastructure, it is crucial to safeguard the privacy and protection of personal data. The interoperability measures established under this Regulation should be designed and implemented in a manner that respects the principles of data protection rules.

Amendment 2

Proposal for a regulation

Recital 27 a (new)

Text proposed by the Commission

Amendment

(27a) In order to enhance transparency on the processing of personal data within the scope of this Regulation, free and open source technologies are encouraged

Amendment 3

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. Regulatory sandboxes shall be operated under the responsibility of the participating public sector bodies and, where the sandbox entails the processing of personal data by public sector bodies, under the supervision of other relevant national authorities, or where the sandbox entails the processing of personal data by institutions, bodies, and agencies of the Union, under the responsibility of the European Data Protection Supervisor.

2. Innovative sandboxes shall be operated under the responsibility of the participating public sector bodies and, where the sandbox is authorised to process personal data by public sector bodies, under the supervision of other relevant national supervisory authorities, or where the sandbox is authorised to process personal data by institutions, bodies, and agencies of the Union, under the supervision of the European Data Protection Supervisor.

Amendment 4

Proposal for a regulation

Article 11 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. The establishment of a regulatory sandbox as set out in paragraph 1 shall aim to contribute to the following objectives:

3. The establishment of an innovative sandbox as set out in paragraph 1 shall contribute to the following objectives:

Amendment 5

Proposal for a regulation

Article 11 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission, after consulting the Interoperable Europe Board and, where the regulatory sandbox would include the processing of personal data, the European Data Protection Supervisor, shall upon joint request from at least three participating public sector bodies authorise the establishment of a regulatory sandbox. This consultation should not replace the prior consultation referred to in Article 36 of Regulation (EU) 2016/679 and in Article 40 of Regulation (EU) 2018/1725. Where the sandbox is set up for interoperability solutions supporting the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically by one or more institutions, bodies or agencies of the Union, eventually with the participation of public sector bodies, no authorisation is needed.

5. The Commission, after consulting the Interoperable Europe Board and, where the innovative sandbox would include the processing of personal data, following a thorough consultation with the European Data Protection Supervisor, shall upon joint request from at least three participating public sector bodies authorise the establishment of an innovative sandbox. The request shall specify the purpose of the processing of personal data, the actors involved and their roles, the categories of personal data concerned, and their source(s) and the envisaged retention period. This consultation should not replace the prior consultation referred to in Article 36 of Regulation (EU) 2016/679 and in Article 40 of Regulation (EU) 2018/1725. Where the sandbox is set up for interoperability solutions supporting the cross-border interoperability of network and information systems, which are used to provide or manage public services to be delivered or managed electronically by one or more institutions, bodies or agencies of the Union, eventually with the participation of public sector bodies, no authorisation is needed.

Amendment 6

Proposal for a regulation

Article 12 – paragraph 2

Text proposed by the Commission

Amendment

2. Participation in the regulatory sandbox shall be limited to a period that is appropriate to the complexity and scale of the project, and in any case not longer than 2 years from the establishment of the regulatory sandbox. The participation may be extended for up to one more year if necessary to achieve the purpose of the processing.

2. Participation in the innovative sandbox shall be limited to a period that is appropriate to the complexity and scale of the project, and in any case not longer than one year from the establishment of the innovative sandbox.

Amendment 7

Proposal for a regulation

Article 12 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) the specific regulatory issues at stake and the guidance that is expected from the authorities supervising the regulatory sandbox;

(b) the specific issues at stake and the guidance that is expected from the authorities supervising the innovative sandbox;

Amendment 8

Proposal for a regulation

Article 12 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) the specific modalities of the collaboration between the participants and the authorities, as well as any other actor involved in the regulatory sandbox;

(c) the specific modalities of the collaboration between the participants and the supervisory authorities, as well as any other actor involved in the innovative sandbox;

Amendment 9

Proposal for a regulation

Article 12 – paragraph 3 – point g

Text proposed by the Commission

Amendment

(g) where personal data are processed, an indication of the categories of personal data concerned, the purposes of the processing for which the personal data are intended and the actors involved in the processing and their role.

Amendment 10

Proposal for a regulation

Article 12 – paragraph 6 – introductory part

Text proposed by the Commission

Amendment

6. Personal data may be processed in the regulatory sandbox subject to the following cumulative conditions:

6. Personal data may only be processed in the innovative sandbox subject to the following cumulative conditions:

Amendment 11

Proposal for a regulation

Article 12 – paragraph 6 – point d

Text proposed by the Commission

Amendment

(d) any personal data to be processed are in a functionally separate, isolated and protected data processing environment under the control of the participants and only authorised persons have access to that data;

Amendment 12

Proposal for a regulation

Article 12 – paragraph 6 – point f

Text proposed by the Commission

Amendment

(f) any processing of personal data does not affect the application of the rights of the data subjects as provided for under Union law on the protection of personal data, in particular in Article 22 of Regulation (EU) 2016/679 and Article 24 of Regulation (EU) 2018/1725;

(f) any processing of personal data does not affect the application of the rights of the data subjects as provided for under Union law on the protection of personal data, and is fully ensured by participants in the innovative sandbox, including through appropriate technical and organisational arrangements;

Amendment 13

Proposal for a regulation

Article 12 – paragraph 6 – point f a (new)

Text proposed by the Commission

Amendment

(fa) personal data are not processed for purposes other than those for which the personal data were initially collected;

Amendment 14

Proposal for a regulation

Article 12 – paragraph 10

Text proposed by the Commission

Amendment

10. Where a regulatory sandbox involves the use of artificial intelligence, the rules set out under Article 53 and 54 of the [proposal for a] Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts shall prevail in case of conflict with the rules set out by the Regulation.

deleted

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act)

References

COM(2022)0720 – C9-0387/2022 – 2022/0379(COD)

Committee responsible

Date announced in plenary

ITRE

21.11.2022

Opinion by

Date announced in plenary

LIBE

21.11.2022

Associated committees - date announced in plenary

16.3.2023

Rapporteur for the opinion

Date appointed

Cyrus Engerer

13.4.2023

Discussed in committee

23.5.2023

Date adopted

29.6.2023

Result of final vote

–:

Members present for the final vote

Katarina Barley, Pietro Bartolo, Theresa Bielowski, Malin Björk, Vasile Blaga, Saskia Bricmont, Annika Bruna, Jorge Buxadé Villalba, Damien Carême, Patricia Chagnon, Clare Daly, Anna Júlia Donáth, Lena Düpont, Cornelia Ernst, Maria Grapini, Sylvie Guillaume, Sophia in ‘t Veld, Patryk Jaki, Assita Kanko, Fabienne Keller, Łukasz Kohut, Alice Kuhnke, Jeroen Lenaers, Juan Fernando López Aguilar, Lukas Mandl, Erik Marquardt, Javier Moreno Sánchez, Maite Pagazaurtundúa, Pina Picierno, Karlo Ressler, Diana Riba i Giner, Isabel Santos, Birgit Sippel, Tineke Strik, Ramona Strugariu, Tomas Tobé, Yana Toom, Javier Zarzalejos

Substitutes present for the final vote

José Gusmão, Matjaž Nemec, Bergur Løkke Rasmussen, Dragoş Tudorache, Tom Vandenkendelaere, Petar Vitanov

Substitutes under Rule 209(7) present for the final vote

Frances Fitzgerald, Martin Hojsík, Rasa Juknevičienė, Andrius Kubilius, Janina Ochojska

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

Key to symbols:

30.6.2023

OPINION OF THE COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION

for the Committee on Industry, Research and Energy

on the proposal for a regulation of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act)

(COM(2022)0720 – C90387/2022 – 2022/0379(COD))

Rapporteur for opinion: Francisco Guerreiro

PA_Legam

(1) It is necessary to strengthen the development of cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, to allow public administrations in the Union to cooperate and make public services function across borders. The existing informal cooperation should be replaced with a clear legal framework to enable interoperability across different administrative levels and sectors and to ensure seamless cross-border data flows for truly European digital services. Public sector interoperability has an important impact on the right to free movement of goods and services laid down in the Treaties, as burdensome administrative procedures can create significant obstacles, especially for small and medium-sized enterprises (‘SMEs’).

(1) It is necessary to strengthen the development of cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, to allow public administrations in the Union to cooperate and make public services function across borders. The existing informal cooperation should be replaced with a clear legal framework to enable interoperability across different administrative levels and sectors and to ensure seamless cross-border data flows for truly European digital services that strengthen the single market. Public sector interoperability has an important impact on the right to free movement of goods and services laid down in the Treaties, as burdensome administrative procedures can create significant obstacles for businesses, especially for small and medium-sized enterprises (‘SMEs’), and have a negative effect on users. A successful development of cross-border public sector interoperability requires staff of public sector bodies to support Union objectives, such as the freedoms of movement.

~~Or. en~~

Amendment 2

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) Member States and the Union have been working for more than two decades to support the modernisation of administrations through digital transformation and foster the deep interconnections needed for a truly European digital space. The communication from the Commission ‘2030 Digital Compass: the European way for the Digital Decade’ (COM(2021) 118) underlines the need to speed up the digitalisation of public services by 2030, including by ensuring interoperability across all levels of government and across public services. Furthermore, the COVID-19 pandemic increased the speed of digitalisation, pushing public administrations to adapt to the online paradigm, including for cross-border digital public services, as well as for the smarter and greener use of technologies in accordance with the climate and energy targets set in the European Green Deal and the Regulation (EU) 2021/1119 of the European Parliament and of the Council36 . This Regulation aims to significantly contribute to these Union goals by creating a structured cooperation framework on cross-border interoperability amongst Member States and the Commission to support the setup of digital public services.

(2) Member States and the Union have been working for more than two decades to support the modernisation of administrations through digital transformation and foster the deep interconnections needed for a truly European digital space. The communication from the Commission ‘2030 Digital Compass: the European way for the Digital Decade’ (COM(2021) 118) underlines the need to speed up the digitalisation of public services by 2030, including by ensuring interoperability across all levels of government and across public services. Furthermore, the COVID-19 pandemic increased the speed of digitalisation, pushing public administrations to adapt to the online paradigm, including for cross-border digital public services, as well as for the smarter and greener use of technologies in accordance with the climate and energy targets set in the European Green Deal and the Regulation (EU) 2021/1119 of the European Parliament and of the Council36 . This Regulation aims to significantly contribute to these Union goals and to further enhance Europe's digital sovereignty by creating a structured cooperation framework on cross-border interoperability amongst Member States and the Commission to support the setup of digital public services.

__________________

36 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

Amendment 3

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

(2 a) The aim to create a structured cooperation framework on cross-border interoperability set out in this Regulation should ensure that all citizens, including older persons, persons with disabilities and persons with limited access to digital services, have equal and easy access to public services. Cross-border interoperability requires basic network connections, such as cellular networks or wireless networks. However, especially in border regions or rural areas those network connections can possibly be underdeveloped or malfunction, which could undermine cross-border interoperability. Therefore, the Interoperable Europe Board should have the task to monitor the functioning and access to the required network connections for cross-border interoperability.

Amendment 4

Proposal for a regulation

Recital 2 b (new)

Text proposed by the Commission

Amendment

(2 b) The development of cross-border organisational, semantic and technical interoperability set out in this Regulation should in particular focus on legal interoperability, in order to facilitate the necessary swift access of businesses and citizens to legal information, faster procedures and services, which is crucial for the reduction of expensive administrative obstacles and for the strengthening of the proper functioning of the single market and the associated freedoms of movement.

Amendment 5

Proposal for a regulation

Recital 3

(3) The new governance structure should have a legal mandate to drive the further development of the European Interoperability Framework and other common interoperability solutions, such as specifications and applications. Furthermore, this Regulation should establish a clear, legible and easily recognisable label for some interoperability solutions. The creation of a vibrant community around open government technology solutions should be fostered.

~~Or. en~~

Amendment 6

~~Amendment 3~~

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) It is in the interest of a coherent approach to public sector interoperability throughout the Union, of supporting the principle of good administration, the free movement of personal and non-personal data within the Union and that contributes to the creation of the single market for data, to align the rules as far as possible for all public sectors that are controllers or providers of network and information systems used to facilitate or manage public services. This objective includes the Commission and other institutions, bodies and agencies of the Union, as well as public sector bodies in the Member States across all levels of administration: national, regional and local. Agencies are playing an important role in collecting regulatory reporting data from Member States. Therefore, the interoperability of this data - should also be in scope of this Regulation.

Amendment 7

Proposal for a regulation

Recital 6

(6) Interoperability facilitates successful implementation of policies, in particular those with a strong public sector connection, such as justice and home affairs, taxation and customs, transport, health, agriculture, fisheries, as well as in business and industry regulation. However, a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will give rise to new electronic barriers that impede the proper functioning of the single market and the associated freedoms of movement of goods and services. Furthermore, it risks undermining the openness and competitiveness of markets and the delivery of services of general interest to businesses and citizens. Therefore, this Regulation should also facilitate, encourage and apply to cross-sector interoperability, which would further strengthen the single market.

~~Or. en~~

Amendment 8

~~Amendment 4~~

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) To set up cross-border interoperable public services, it is important to focus on the interoperability aspect as early as possible in the policymaking process. Therefore, the public organisation that intends to set up a new or to modify an existing network and information system that is likely result in high impacts on the cross-border interoperability, should carry out an interoperability assessment. This assessment is necessary to understand the magnitude of impact of the planned action and to propose measures to reap up the benefits and address potential costs. The interoperability assessment should be mandatory in three cases, which are in scope for cross-border interoperability. In other situations, the public organisations may decide to carry out the interoperability assessment on a voluntary basis.

Amendment 9

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) Under some circumstances it may also be reasonable and economical for the subject of an interoperability assessment to be broader than a single project, for example when public sector bodies intend to establish a common application or processing platform. In those other cases, the assessment should be strongly encouraged to go beyond the achievement of the Interoperable Europe objectives towards a full implementation of interoperability. The Interoperable Europe Board when adopting the guidelines on the content of the interoperability assessment, shall take into account reduced organisational and technical structures of regional and local public bodies and avoid an excessive burden for such authorities.

Amendment 10

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) The interoperability assessment should evaluate the impacts of the planned action on cross-border interoperability of network and information system, for example, having regard to the origin, nature, particularity and scale of those impacts. The assessment may also consider cybersecurity risks and the implementation of appropriate risk-management measures. The outcome of that assessment should be taken into account when determining the appropriate measures that need to be taken in order to set up or modify the network and information system.

Amendment 11

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) The organisation should publish the outcome of the interoperability assessment on its website. The publication of the outcome should not compromise intellectual property rights or trade secrets, and should be restricted where justified on the grounds of public order or security. The provisions of Union law governing the protection of personal data should be observed.

(11) The organisation should publish the outcome of the interoperability assessment on its website and share it with the Commission for publication on the Interoperable Europe portal. The publication of the outcome should not compromise intellectual property rights or trade secrets, and should be restricted where justified on the grounds of public order or security. The provisions of Union law governing the protection of personal data should be observed.

Amendment 12

Proposal for a regulation

Recital 12

(12) Public sector bodies or institutions, bodies or agencies of the Union that search for interoperability solutions should be able to request from other public sector bodies or institutions, bodies or agencies of the Union the software code those organisations use, together with the related documentation. Sharing should become a default among public sector bodies, and institutions, bodies and agencies of the Union while not sharing would need a legal justification. In addition, public sector bodies or institutions, bodies, or agencies of the Union should seek to develop new interoperability solutions or to further develop existing interoperability solutions. Unnecessary administrative burdens should be avoided in particular in public sector bodies or institutions that already have efficient and workable structures for interoperability. While interoperability solutions are shared, the security of these solutions should not be compromised.

~~Or. en~~

Amendment 13

~~Amendment 5~~

Proposal for a regulation

~~Or. en~~

Amendment 14

~~Amendment 6~~

Proposal for a regulation

(15) The European Interoperability Framework (EIF) should ensure coherence, be based on the principle of openness to technology and be recognised as the single point of reference for the Union’s approach to interoperability in the public service sector. In addition, specialised interoperability frameworks can address the needs of specific sectors, domains or administrative levels. Those frameworks should further promote the implementation of interoperability solutions.

~~Or. en~~

Amendment 15

~~Amendment 7~~

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) An Interoperable Europe portal should be established as a point of reference for interoperability solutions, knowledge and community. The portal should be established as a link to official sources but should also be open to input from the Interoperable Europe Community.

(20) An Interoperable Europe portal should be established as an easy-to-access point of reference for interoperability assessments, solutions, knowledge and community. The portal should be established as a link to official sources but should also be open to input from the Interoperable Europe Community.

Amendment 16

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

Amendment 17

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) All levels of government should cooperate with innovative organisations, be it companies or non-profit entities, in design, development and operation of public services. Supporting GovTech cooperation between public sector bodies and start-ups and innovative SMEs, or cooperation mainly involving civil society organisations (‘CivicTech’), is an effective means of supporting public sector innovation and promoting use of interoperability tools across private and public sector partners. Supporting an open GovTech ecosystem in the Union that brings together public and private actors across borders and involves different levels of government should allow to develop innovative initiatives aimed at the design and deployment of GovTech interoperability solutions.

(24) All levels of government should cooperate with innovative organisations, be it companies or, in particular start-ups and SMEs non-profit entities, in design, development and operation of public services. Supporting GovTech cooperation between public sector bodies and start-ups and innovative SMEs, or cooperation mainly involving civil society organisations (‘CivicTech’), is an effective means of supporting public sector innovation and promoting use of interoperability tools across private and public sector partners. Supporting an open GovTech ecosystem in the Union that brings together public and private actors across borders and involves different levels of government should allow to develop innovative initiatives aimed at the design and deployment of GovTech interoperability solutions.

Amendment 18

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Interoperable Europe support measures could benefit from safe spaces for experimentation, while ensuring responsible innovation and integration of appropriate risk mitigation measures and safeguards. To ensure a legal framework that is innovation-friendly, future-proof and resilient to disruption, it should be made possible to run such projects in regulatory sandboxes. Regulatory sandboxes should consist in controlled test environments that facilitate the development and testing of innovative solutions before such systems are integrated in the network and information systems of the public sector. The objectives of the regulatory sandboxes should be to foster interoperability through innovative solutions by establishing a controlled experimentation and testing environment with a view to ensure alignment of the solutions with this Regulation and other relevant Union law and Member States’ legislation, to enhance legal certainty for innovators and the competent authorities and to increase the understanding of the opportunities, emerging risks and the impacts of the new solutions. To ensure a uniform implementation across the Union and economies of scale, it is appropriate to establish common rules for the regulatory sandboxes’ implementation. The European Data Protection Supervisor may impose administrative fine to Union institutions and bodies in the context of regulatory sandboxes, according to Article 58(2)(i) of Regulation (EU) 2018/1725 of the European Parliament and of the Council.

(26) Interoperable Europe support measures could benefit from safe spaces for experimentation, while ensuring responsible innovation and integration of appropriate risk mitigation measures and safeguards. To ensure a legal framework that is innovation-friendly, future-proof and resilient to disruption, it should be made possible to run such projects in regulatory sandboxes. Regulatory sandboxes should consist in controlled test environments that facilitate the development and testing of innovative solutions before such systems are integrated in the network and information systems of the public sector. The objectives of the regulatory sandboxes should be to foster interoperability through innovative solutions by establishing a controlled experimentation and testing environment with a view to ensure alignment of the solutions with this Regulation and other relevant Union law and Member States’ legislation, to enhance legal certainty for innovators, in particular start-ups and SMEs and the competent authorities and to increase the understanding of the opportunities, emerging risks and the impacts of the new solutions. To ensure a uniform implementation across the Union and economies of scale, it is appropriate to establish common rules for the regulatory sandboxes’ implementation. The European Data Protection Supervisor may impose administrative fine to Union institutions and bodies in the context of regulatory sandboxes, according to Article 58(2)(i) of Regulation (EU) 2018/1725 of the European Parliament and of the Council.

Amendment 19

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) As a successful digital transformation depends on trained and skilled staffing, it is necessary to enhance a good understanding of interoperability issues, especially among public sector employees. Continuous training is key in this respect and coordination, mobility and cooperation opportunities on the topic should be encouraged. Therefore, sufficient and qualified staff should be ensured for the well functioning of cross border interoperability. Beyond trainings on Interoperable Europe solutions, all initiatives should, where appropriate, build on, or be accompanied by, the sharing of experience, expertise and solutions and the exchange and promotion of best practices. In order to ensure a high-standard of interoperability skills and to promote the exchange of interoperability experts within the single market, the Commission should build a Union-wide recognised certification programme with different skill levels, to promote best practices, human resources qualifications and a culture of excellence. This could be implemented by certifying training programmes across the Union.

Amendment 20

Proposal for a regulation

Recital 32

(32) Advancing public sector interoperability needs the active involvement and commitment of experts, practitioners, users and the interested public across Member States, across all levels of government and involving international partners and the private sector. In order to tap into their expertise, skills and creativity, a dedicated open forum (the ‘Interoperable Europe Community’) should help channel feedback, user and operational needs, identify areas for further development and help scope priorities for EU interoperability cooperation. The establishment of the Interoperable Europe Community should support the coordination and cooperation between the strategic and operational key players for interoperability.

(32) Advancing public sector interoperability needs the active involvement and commitment of experts, practitioners, users and the interested public across Member States, across all levels of government and involving international partners and the private sector, including ~~SMEs~~SMEs, start-ups and open source developers, as well the representation of recipients of the public services dedicated for persons with disability. In order to tap into their expertise, skills and creativity, a dedicated open forum (the ‘Interoperable Europe Community’) should help channel feedback, user and operational needs, identify areas for further development and help scope priorities for EU interoperability cooperation. The establishment of the Interoperable Europe Community should support the coordination and cooperation between the strategic and operational key players for interoperability.

~~Or. en~~

Amendment 21

~~Amendment 8~~

Proposal for a regulation

(33) The Interoperable Europe Community should be open to all interested parties. Access to the Interoperable Europe Community should be made as easy as possible, avoiding unnecessary barriers and burdens. The Interoperable Europe Community should bring together public and private stakeholders, including citizens, with expertise in the field of cross-border interoperability, coming from different backgrounds, such as academia, research and innovation, education, standardisation and specifications, ~~businesses,~~businesses and public administration at all levels and recipients of public services, especially those dedicated for persons with disability. The Commission should make the information in relation to the Interoperable Europe Community publicly available to raise awareness of its role.

~~Or. en~~

Amendment 22

~~Amendment 9~~

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) An Interoperable Europe Agenda should be established as the Union’s main instrument for the coordination of public investments in interoperability solutions. It should deliver a comprehensive overview of funding possibilities and funding commitments in the field, integrating where appropriate the related Union programmes. This should contribute to creating synergies and coordinating financial support related to interoperability development and avoiding duplication.

(35) An Interoperable Europe Agenda should be established as the Union’s main instrument for the coordination of public investments in interoperability solutions. It should deliver a comprehensive overview and provide easily accessible and comparable information of funding possibilities and funding commitments in the field, integrating where appropriate the related Union programmes. This should contribute to creating synergies and coordinating financial support related to interoperability development and avoiding duplication. The Interoperable Europe Agenda should set clear objectives and should introduce key performance indicators for measuring the achievements of those objectives.

Amendment 23

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) Information should be collected in order to assess the performance of this Regulation against the objectives it pursues, and in order give feedback for an evaluation of this Regulation in accordance with paragraph 22 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37 . Therefore, the Commission should carry out a monitoring and evaluation of this Regulation. The evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU value added. The evaluation should also be the basis for impact assessments of possible further measures. The monitoring should integrate existing data sources and monitoring processes.

(36) Information should be collected in order to assess the performance of this Regulation against the objectives it pursues, and in order give feedback for an evaluation of this Regulation in accordance with paragraph 22 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37 . Therefore, the Commission should carry out a monitoring and evaluation of this Regulation. The evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU value added. The evaluation should also be the basis for impact assessments of possible further measures. The monitoring mechanism should integrate existing data sources and monitoring processes in order to minimise the burden on authorities.

__________________

37 OJ L 123, 12.5. 2016, p 1.

Amendment 24

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. This Regulation lays down measures to promote the cross-border interoperability of network and information systems which are used to provide or manage public services in the Union by establishing common rules and a framework for coordination on public sector interoperability, with the aim of fostering the development of interoperable trans-European digital public services infrastructure.

Amendment 25

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

2. This Regulation applies to public sector bodies of Member States and institutions, bodies and agencies of the Union that provide or manage network or information systems that enable public services to be delivered or managed electronically, including Government to Consumer (G2C), Government to Business (G2B) and Government to Government (G2G) interactions.

Amendment 26

Proposal for a regulation

Article 2 – paragraph 1 – point 2

(2) ‘network and information system’ means a network and information system as defined in Article 4, point (1), of the proposal for a Directive of the European Parliament and of the Council on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148 [proposal NIS 2];

(2) ‘network and information system’ means a network and information system as defined in Article 6, point (1), of the ~~proposal for~~Directive a(EU) ~~Directive~~2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 ~~[proposal~~(NIS ~~NIS~~2 ~~2];~~Directive);

~~Or. en~~

Amendment 27

~~Amendment 10~~

Proposal for a regulation

Article 2 – paragraph 1 – point 9 a (new)

Text proposed by the Commission

Amendment

(9 a) 'public services' means services provided to Union citizens and businesses by public sector bodies including the areas of information in Annex I and the procedures in Annex II to Regulation (EU) No 2018/1724 of the European Parliament and of the Council;

Amendment 28

Proposal for a regulation

Article 2 – paragraph 1 – point 9 b (new)

Text proposed by the Commission

Amendment

(9 b) 'cross-border services' means public services that natural and legal persons access across different Member States or public services that are supported by data exchange between information systems, by means of dedicated functions and procedures across national jurisdictions.

Amendment 29

Proposal for a regulation

Article 3 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Where a public sector body or an institution, an agency or body of the Union intends to set up a new or significantly modify an existing network and information system that enables public services to be delivered or managed electronically, it shall carry out an assessment of the impacts of the planned action on cross-border interoperability (‘interoperability assessment’) in the following cases:

Amendment 30

Proposal for a regulation

Article 3 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

Where the public sector body or the institution, body or agency of the Union concerned has already carried out an equivalent interoperability assessment, covering the same requirements, the obligation of this paragraph shall not apply.

Amendment 31

Proposal for a regulation

Article 3 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The public sector body or the institution, body or agency of the Union concerned may also carry out the interoperability assessment in other cases.

The public sector body or the institution, body or agency of the Union concerned may also carry out the interoperability assessment in other cases where considered necessary and proportionate.

Amendment 32

Proposal for a regulation

Article 3 – paragraph 2 – subparagraph 2

The public sector body or the institution, body or agency of the Union concerned shall publish a report presenting the outcome of the interoperability assessment on its website.

The public sector body or the institution, body or agency of the Union concerned shall publish a report presenting the outcome of the interoperability assessment on its website, among others in machine-readable format. The report shall include an indication on the follow-up decision on whether the new network and information system will be set up or a modification to the existing ones will be introduced. The reports shall be shared electronically with the Commission. The Commission shall ensure the publication of these reports on the Interoperable Europe portal.

~~Or. en~~

Amendment 33

~~Amendment 11~~

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3. The national competent authorities and the interoperability coordinators shall provide the necessary support to carry out the interoperability assessment. The Commission may provide technical tools to support the assessment.

3. The national competent authorities and the interoperability coordinators shall provide the necessary support to carry out the interoperability assessment. The Commission shall provide technical tools to support the assessment, where relevant.

Amendment 34

Proposal for a regulation

Article 3 – paragraph 4 – point a a (new)

Amendment

~~(aa)~~(a a) a description of the ~~requirements and~~ opportunities of the use ~~of EUid and~~ trust services under Regulation (EU) No 910/2014 on the cross-border interoperability;

~~Or. en~~

Amendment 35

~~Amendment 12~~

Proposal for a regulation

Article 3 – paragraph 4 – point c a (new)

Text proposed by the Commission

Amendment

(c a) a description of the risk assessments and the implementation of cybersecurity risk-management measures on the cross-border interoperability of all network and information systems concerned.

Amendment 36

Proposal for a regulation

Article 3 – paragraph 5

5. The public sector body, or institution, body or agency of the Union concerned shall consult recipients of the services affected or their ~~representatives,~~representatives , in particular SMEs and persons with disabilities, on the intended operation if it directly affects the recipients, in order to ensure equal access to public services for all users. This consultation is without prejudice to the protection of commercial or public interests or the security of such systems.

~~Or. en~~

Amendment 37

~~Amendment 13~~

Proposal for a regulation

Article 3 – paragraph 6

Text proposed by the Commission

Amendment

6. The Interoperable Europe Board shall adopt guidelines on the content of the interoperability assessment by ... at the latest [one year after the entry into force of this Regulation], including practical check lists.

6. The Interoperable Europe Board shall adopt guidelines on the content of the interoperability assessment by ... at the latest [9 months after the entry into force of this Regulation], including practical check lists, and monitor the compliance with the guidelines.

Amendment 38

Proposal for a regulation

Article 4 – paragraph 2

2. To enable the reusing entity to manage the interoperability solution autonomously, the sharing entity shall specify the assistance that will be provided to the reusing entity in terms of cooperation, support and ~~maintenance.~~maintenance, as well as the timeframe for providing such assistance. Before adopting the interoperability solution, the reusing entity shall provide to the sharing entity an assessment of the solution covering its ability to manage autonomously the cybersecurity and the evolution of the reused interoperability solution.

~~Or. en~~

Amendment 39

~~Amendment 14~~

Proposal for a regulation

Article 4 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5 a. In order to support the creation of reusable solutions, the public sector body or an institution, body or agency of the Union may prioritise the use of free and open source software solutions, or other solutions that do not carry restrictive licensing terms and allow sharing and reuse, while ensuring high cybersecurity level. The Commission may provide support in identifying, developing and deploying such solutions.

Amendment 40

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

__________________

42 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (Text with EEA relevance) (OJ L 151, 7.6.2019, p. 70–115).

Amendment 41

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. The Interoperable Europe Board shall develop a European Interoperability Framework (EIF)43 and propose to the Commission to adopt it. The Commission may adopt the EIF. The Commission shall publish the EIF in the Official Journal of the European Union.

1. The Interoperable Europe Board shall develop a European Interoperability Framework (EIF)43 and propose to the Commission to adopt it. The Commission may adopt the EIF. Where the Commission adopts the EIF, it shall publish the EIF in the Official Journal of the European Union.

__________________

43 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions European Interoperability Framework – Implementation Strategy, COM/2017/0134 final.

Amendment 42

Proposal for a regulation

Article 7 – paragraph 1

The Interoperable Europe Board shall recommend interoperability solutions for the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union. When an interoperability solution is recommended by the Interoperable Europe Board, it shall carry the label ‘Interoperable Europe solution’, displayed in a clear, legible and easily recognisable way, and shall be published on the Interoperable Europe portal. Where justified and necessary, the Interoperable Europe Board may withdraw such recommendations, remove the 'Interoperable Europe solution' label from the relevant interoperability solutions, and delete them from the Interoperable Europe portal.

~~Or. en~~

Amendment 43

~~Amendment 15~~

Proposal for a regulation

Article 8 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Commission shall provide a portal (‘the Interoperable Europe portal’) as a single point of entry for information related to cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union. The portal shall be electronically accessible and free of charge. The portal shall have at least the following functions:

1. The Commission shall provide a portal (‘the Interoperable Europe portal’) as a single point of entry for information related to cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union. The portal shall be electronically accessible to all citizens, including persons with disabilities in line with Directive 2016/2102 and Directive 2019/882, and free of charge. The portal shall have at least the following functions:

Amendment 44

Proposal for a regulation

Article 8 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) fostering knowledge exchange between members of the Interoperable Europe Community, including start-ups and SMEs as set out in Article 16, such as providing a feedback system to express their views on measures proposed by the Interoperable Europe Board or express their interest to participate to actions related to the implementation of this Regulation;

Amendment 45

Proposal for a regulation

Article 8 – paragraph 2 – point d a (new)

Amendment

~~(da)~~(d ~~enhance~~a) enable the accessibility of public services to users.

~~Or. en~~

Amendment 46

~~Amendment 16~~

Proposal for a regulation

Article 9 – paragraph 2 – point c

Text proposed by the Commission

Amendment

Amendment 47

Proposal for a regulation

Article 10 – paragraph 2 – point b a (new)

Amendment

~~(ba)~~(b ~~increase~~a) enable accessibility of public services to users.

~~Or. en~~

Amendment 48

~~Amendment 17~~

Proposal for a regulation

2. Regulatory sandboxes shall be operated under the responsibility of the participating public sector bodies or institutions, bodies and agencies of the Union and, where the sandbox entails the processing of personal data by public sector bodies, under the supervision of other relevant national, ~~regional or local~~ authorities, or where the sandbox entails the processing of personal data by institutions, bodies, and agencies of the Union, under the responsibility of the European Data Protection Supervisor.

~~Or. en~~

Amendment 49

~~Amendment 18~~

Proposal for a regulation

(b) facilitate cross-border cooperation between competent authorities in the Member States across all levels of administration: national, regional and local and synergies in public service delivery;

~~Or. en~~

Amendment 50

~~Amendment 19~~

Proposal for a regulation

Article 11 – paragraph 3 – point d a (new)

Text proposed by the Commission

Amendment

(d a) contribute to evidence-based regulatory learning;

Amendment 51

Proposal for a regulation

Article 12 – paragraph 1

1. The participating public sector bodies shall ensure that, to the extent the innovative interoperability solution involves the processing of personal data or otherwise falls under the supervisory remit of other national authorities providing or supporting access to data, the national data protection authorities and those other national authorities are associated to the operation of the regulatory sandbox. As appropriate, the participating public sector bodies may allow for the involvement in the regulatory sandbox of other actors within the GovTech ecosystem such as national or European standardisation organisations, notified bodies, research and experimentation labs, innovation hubs, and companies wishing to test innovative interoperability solutions. Cooperation may also be envisaged with third countries establishing mechanisms to support innovative interoperability solutions for the public sector.

1. The participating public sector bodies, institutions, bodies and agencies of the Union shall ensure that, to the extent the innovative interoperability solution involves the processing of personal data or otherwise falls under the supervisory remit of other national, regional or local authorities providing or supporting access to data, the national data protection authorities and those other national, regional or local authorities are associated to the operation of the regulatory sandbox. As appropriate, the participating public sector bodies, institutions, bodies and agencies of the Union may allow for the involvement in the regulatory sandbox of other actors within the GovTech ecosystem such as national or European standardisation organisations, notified bodies, research and experimentation labs, innovation hubs, and companies wishing to test innovative interoperability ~~solutions.~~solutions, including start-ups and SMEs. Cooperation may also be envisaged with third countries establishing mechanisms to support innovative interoperability solutions for the public sector.

~~Or. en~~

Amendment 52

~~Amendment 20~~

Proposal for a regulation

Article 12 – paragraph 7

Text proposed by the Commission

Amendment

7. The participating public sector bodies shall submit periodic reports and a final report to the Interoperable Europe Board and the Commission on the results from the regulatory sandboxes, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the development of this Regulation and other Union legislation supervised within the regulatory sandbox. The Interoperable Europe Board shall issue an opinion to the Commission on the outcome of the regulatory sandbox, specifying, where applicable, the actions needed to implement new interoperability solutions to promote the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically.

7. The participating public sector bodies, institutions, bodies and agencies of the Union shall submit periodic reports and a final report to the Interoperable Europe Board and the Commission on the results from the regulatory sandboxes, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the development of this Regulation and other Union legislation supervised within the regulatory sandbox. The Interoperable Europe Board shall issue an opinion to the Commission on the outcome of the regulatory sandbox, specifying, where applicable, the actions needed to implement new interoperability solutions to promote the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically.

Amendment 53

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission, assisted by the Interoperable Europe Board, shall provide training material on the use of the EIF and on Interoperable Europe solutions. Public sector bodies and institutions, bodies and agencies of the Union shall provide their staff entrusted with strategical or operational tasks having an impact on network and information systems in the Union with appropriate training programmes concerning interoperability issues.

1. The Commission, assisted by the Interoperable Europe Board, shall provide training material on the use of the EIF and on Interoperable Europe solutions, including the support to carry out cross-border interoperability assessments. Public sector bodies and institutions, bodies and agencies of the Union shall provide their staff entrusted with strategical or operational tasks having an impact on network and information systems in the Union with appropriate training programmes concerning interoperability issues.

Amendment 54

Proposal for a regulation

Article 13 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. The Commission shall build a Union-wide recognised certification programme with different skill levels, to promote best practices, human resources qualifications and a culture of excellence.

Amendment 55

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2. The peer review shall be conducted by interoperability experts drawn from Member States other than the Member State where the public sector body undergoing the review is located. The Commission may, after consulting the Interoperable Europe Board, adopt guidelines on the methodology and content of the peer-review.

2. The peer review shall be conducted by interoperability experts drawn from Member States other than the Member State where the public sector body undergoing the review is located. By ... at the latest [12 months after the date of application of this Regulation], the Commission shall, after consulting the Interoperable Europe Board, adopt guidelines on the methodology and content of the peer-review. The Commission shall cover the costs of the peer-review.

Amendment 56

Proposal for a regulation

Article 15 – paragraph 3 – subparagraph 1

The Board shall be chaired by the Commission. Countries participating in the European Economic Area and candidate countries may be invited as observers. In addition, the Chair may give the status of observer to individuals and organisations after consultation with the Interoperable Europe Board. The Chair may invite to participate, on an ad hoc basis, experts with specific competence in a subject on the agenda. The Commission shall provide the secretariat of the Interoperable Europe Board.

The Board shall be chaired by the Commission. The European Parliament shall be invited as an observer. Countries participating in the European Economic Area and candidate countries may be invited as observers. In addition, the Chair may give the status of observer to individuals and organisations after consultation with the Interoperable Europe Board. The Chair may invite to participate, on an ad hoc basis, experts with specific competence in a subject on the agenda, in particular ~~developers of~~in open source ~~software~~solutions, and third party service providers, as well as stakeholders representing the interests of recipients of the public services. The Commission shall provide the secretariat of the Interoperable Europe Board.

~~Or. en~~

Amendment 57

~~Amendment 21~~

Proposal for a regulation

Article 15 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) support the implementation of national interoperability frameworks and other relevant national policies, strategies or guidelines;

(a) support the implementation of national interoperability frameworks and other relevant Union or national policies, strategies or guidelines;

Amendment 58

Proposal for a regulation

Article 15 – paragraph 4 – point l a (new)

Text proposed by the Commission

Amendment

(l a) propose measures to support the public administrations in development and deployment of interoperability solutions, including open source solutions;

Amendment 59

Proposal for a regulation

Article 15 – paragraph 4 – point r a (new)

Text proposed by the Commission

Amendment

(r a) monitor the functioning and access to the required network connections for cross-border interoperability.

Amendment 60

Proposal for a regulation

Article 15 – paragraph 5

5. The Interoperable Europe Board may set up working groups to examine specific points related to the tasks of the Board. Working groups shall involve members of the Interoperable Europe Community as far as possible with specific competence in a subject on the agenda or relevant background, especially on accessibility of public services.

~~Or. en~~

Amendment 61

~~Amendment 22~~

Proposal for a regulation

Article 16 – paragraph 4 – point a a (new)

Text proposed by the Commission

Amendment

(a a) contribute to the development of interoperability solutions;

Amendment 62

Proposal for a regulation

Article 16 – paragraph 4 – point c a (new)

Text proposed by the Commission

Amendment

(c a) promote the use of interoperability standards and frameworks.

Amendment 63

Proposal for a regulation

Article 16 – paragraph 5

Text proposed by the Commission

Amendment

5. The Interoperable Europe Board shall organise once a year an online assembly of the Interoperable Europe Community.

5. The Interoperable Europe Board shall organise at least once a year an online assembly of the Interoperable Europe Community.

Amendment 64

Proposal for a regulation

Article 17 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) support public sector bodies within the Member State to set up or adapt their processes to do interoperability assessment referred to in Article 3;

(c) support public sector bodies within the Member State to set up or adapt their processes to do interoperability assessment referred to in Article 3 and ensure compliance;

Amendment 65

Proposal for a regulation

Article 17 – paragraph 2 – point f

(f) coordinate and encourage the active involvement of a diverse range of entities in Member States, including local and regional authorities, in the Interoperable Europe Community and their participation in policy implementation support projects as referred to in Article 9 and innovation measures referred to in Article 10;

~~Or. en~~

Amendment 66

~~Amendment 23~~

Proposal for a regulation

Article 19 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) needs for the development of interoperability solutions;

(a) short- and long-term needs for the development of interoperability solutions and recommendations as to their application;

Amendment 67

Proposal for a regulation

Article 19 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

(d a) the main objectives of the Agenda and the key performance indicators for measuring the achievement of those objectives.

Amendment 68

Proposal for a regulation

Article 19 – paragraph 3

Text proposed by the Commission

Amendment

3. The Interoperable Europe Agenda shall not constitute financial obligations. After its adoption, the Commission shall publish the Agenda on the Interoperable Europe portal.

3. The Interoperable Europe Agenda shall not constitute financial obligations. After its adoption, the Commission shall publish the Agenda on the Interoperable Europe portal and provide regular updates on its implementation.

Amendment 69

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall monitor the progress of the development of cross-border interoperable public services to be delivered or managed electronically in the Union. The monitoring shall give priority to the reuse of existing international, Union and national monitoring data and to automated data collection.

1. The Commission shall monitor the progress of the development of cross-border interoperable public services to be delivered or managed electronically in the Union, using specific metrics and indicators to measure their effectiveness, efficiency, and impact on citizens and businesses. The monitoring shall give priority to the reuse of existing international, Union and national monitoring data and to automated data collection. The Commission shall consult the Interoperable Europe Board on the methodology and process of the monitoring.

Amendment 70

Proposal for a regulation

Article 20 – paragraph 2 – point c

(c) the development of open source solutions for the public services, public sector innovation and the cooperation with GovTech actors in the field of cross-border interoperable public services to be delivered or managed electronically in the Union, as well as the extent of open source solutions adopted by public sector bodies in the Union;

~~Or. en~~

Amendment 71

~~Amendment 24~~

Proposal for a regulation

Amendment

~~(ca)~~(c a) the accessibility of cross-border interoperable public services to users, in particular to older persons and persons with disabilities.

~~Or. en~~

Amendment 72

Proposal for a regulation

Article 20 – paragraph 4

Text proposed by the Commission

Amendment

4. By ... at the latest [three years after the date of application of this Regulation], and every four years thereafter, the Commission shall present to the European Parliament and to the Council a report on the application of this Regulation, which shall include conclusions of the evaluation, and where necessary further recommendations. The report shall specifically assess at least:

Amendment 73

Proposal for a regulation

Article 20 – paragraph 4 – point a (new)

Text proposed by the Commission

Amendment

(a) the impact of proposed measures for ensuring cross-border interoperability and at all administration levels on:

(i) citizens and businesses, in particular start-ups and SMEs in the Union,

(ii) economic development,

(iii) innovation,

(iv) the associated cost and cost savings of interoperability disaggregated from the wider benefits of digitalisation,

(v) the cybersecurity and resilience of public services;

Amendment 74

Proposal for a regulation

Article 20 – paragraph 4 – point b (new)

Text proposed by the Commission

Amendment

(b) the mandatory use of interoperability assessment;

Amendment 75

Proposal for a regulation

Article 20 – paragraph 4 – point c (new)

Text proposed by the Commission

Amendment

(c) the added value of sharing interoperability solutions on the Interoperable Europe portal instead of sharing them only upon request;

Amendment 76

Proposal for a regulation

Article 20 – paragraph 4 – point d (new)

Text proposed by the Commission

Amendment

(d) the need for establishing mandatory interoperability solutions;

Amendment 77

Proposal for a regulation

Article 20 – paragraph 4 – point e (new)

Text proposed by the Commission

Amendment

(e) the impact and effectiveness of the training received in accordance with Article 13 of this Regulation to the public services;

Amendment 78

Proposal for a regulation

Article 20 – paragraph 4 – point f (new)

Text proposed by the Commission

Amendment

(f) time of public services saved by the new interoperability solutions.

Amendment 79

Proposal for a regulation

Article 20 – paragraph 4 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

The report shall provide evidence on the existence and scale of the problems and shall include also information on:

- how many interoperability solutions were in different sectors, across the Member States, and at local level in relation to this Regulation;

- how many open-source solutions for the public services, public sector innovation and the co-operation with GovTech actors in the field of interoperability of digital public services were developed in relation to this Regulation;

- how many persons received the training in accordance with Article 13 of this Regulation, divided by the Member States and different sectors;

- comparison of interoperability models use by the Member States, including best practices analysis in relation to the cost-benefit results, transparency, decentralisation level.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act)

References

COM(2022)0720 – C9-0387/2022 – 2022/0379(COD)

Committee responsible

Date announced in plenary

ITRE

21.11.2022

Opinion by

Date announced in plenary

IMCO

21.11.2022

Rapporteur for the opinion

Date appointed

Francisco Guerreiro

1.3.2023

Discussed in committee

25.4.2023

22.5.2023

Date adopted

29.6.2023

Result of final vote

–:

Members present for the final vote

Alex Agius Saliba, Andrus Ansip, Pablo Arias Echeverría, Alessandra Basso, Biljana Borzan, Vlad-Marius Botoş, Anna Cavazzini, Dita Charanzová, Deirdre Clune, David Cormand, Alexandra Geese, Maria Grapini, Svenja Hahn, Krzysztof Hetman, Virginie Joron, Eugen Jurzyca, Arba Kokalari, Kateřina Konečná, Andrey Kovatchev, Maria-Manuel Leitão-Marques, Antonius Manders, Beata Mazurek, Leszek Miller, Anne-Sophie Pelletier, René Repasi, Christel Schaldemose, Andreas Schwab, Tomislav Sokol, Ivan Štefanec, Kim Van Sparrentak, Marion Walsmann

Substitutes present for the final vote

Marco Campomenosi, Maria da Graça Carvalho, Geoffroy Didier, Francisco Guerreiro, Tsvetelina Penkova, Catharina Rinzema, Kosma Złotowski

Substitutes under Rule 209(7) present for the final vote

Asger Christensen, Nicolás González Casares, Miroslav Radačovský, Grzegorz Tobiszowski

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

Key to symbols:

PROCEDURE – COMMITTEE RESPONSIBLE

Title

Laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act)

References

COM(2022)0720 – C9-0387/2022 – 2022/0379(COD)

Date submitted to Parliament

18.11.2022

Committee responsible

Date announced in plenary

ITRE

21.11.2022

Committees asked for opinions

Date announced in plenary

BUDG

21.11.2022

IMCO

21.11.2022

REGI

21.11.2022

LIBE

21.11.2022

Not delivering opinions

Date of decision

BUDG

12.12.2022

REGI

30.11.2022

Associated committees

Date announced in plenary

LIBE

16.3.2023

Rapporteurs

Date appointed

Ivars Ijabs

15.12.2022

Discussed in committee

25.4.2023

Date adopted

19.7.2023

Result of final vote

–:

Members present for the final vote

Nicola Beer, François-Xavier Bellamy, Hildegard Bentele, Vasile Blaga, Michael Bloss, Paolo Borchia, Cristian-Silviu Buşoi, Jerzy Buzek, Maria da Graça Carvalho, Ignazio Corrao, Beatrice Covassi, Nicola Danti, Marie Dauchy, Pilar del Castillo Vera, Martina Dlabajová, Christian Ehler, Valter Flego, Niels Fuglsang, Jens Geier, Nicolás González Casares, Christophe Grudler, Henrike Hahn, Robert Hajšel, Ivo Hristov, Ivars Ijabs, Romana Jerković, Seán Kelly, Zdzisław Krasnodębski, Andrius Kubilius, Thierry Mariani, Marisa Matias, Marina Mesure, Dan Nica, Niklas Nienass, Ville Niinistö, Johan Nissinen, Mauri Pekkarinen, Tsvetelina Penkova, Morten Petersen, Markus Pieper, Manuela Ripa, Robert Roos, Sara Skyttedal, Maria Spyraki, Grzegorz Tobiszowski, Patrizia Toia, Henna Virkkunen, Pernille Weiss, Carlos Zorrinho

Substitutes present for the final vote

Damian Boeselager, Franc Bogovič, Francesca Donato, Matthias Ecke, Ladislav Ilčić, Elena Lizzi, Dace Melbārde, Jutta Paulus, Massimiliano Salini, Jordi Solé, Susana Solís Pérez, Ivan Štefanec, Nils Torvalds, Emma Wiesner

Substitutes under Rule 209(7) present for the final vote

Rosanna Conte, Arnaud Danjean, César Luena, Nicola Procaccini, Elżbieta Rafalska, Antonio Maria Rinaldi, Daniela Rondinelli, Nacho Sánchez Amor, Edina Tóth

Date tabled

27.7.2023

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

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