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From · opinion parliamentary committee · 2023-06-29 LIBE-AD-746882 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)

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To · opinion parliamentary committee · 2023-06-30 IMCO-AD-745487 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)

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~~AMENDMENTS~~

SHORT JUSTIFICATION

~~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:~~

The Rapporteur for opinion welcomes the Commission proposal for a Regulation laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act), which aims to strengthen the development of cross-border interoperability of network and information systems that are used to provide or manage public services in the Union. The proposed Regulation should replace the existing informal cooperation of public administrations in the Union in that area with a clear legal framework.

The Rapporteur believes that cross-border interoperability between public services is an essential requirement for the further strengthening of the single market to the benefit of citizens including users and consumers, as well as businesses, in particular small and medium-sized enterprises (SMEs).

The Rapporteur´s amendments aim at improving some aspects of the proposed Regulation.

1. Improvement on the accessibility of digital public services

Firstly, the Rapporteur intends to ensure equal access to digital public services to all users, including persons with disabilities. Digital public services are especially beneficial for vulnerable groups of population. Therefore, amendments provide for highlighting the need of accessibility. The suggestions also aim at greater involvement of recipients of the public services, among them persons with disabilities, in the works of the Interoperable Europe Community.

2. Interoperability assessment

When public sector bodies or a body of the Union carries out a cross-border interoperability assessment, also the requirements and opportunities of the use of EUid and trust services under the eIDAS Regulation should be taken into account. The report on the outcome of the interoperability assessment should be published in a machine-readable format, to make it easier accessible.

3. Interoperable Europe Board and Interoperable Europe Community

Moreover, the Rapporteur believes that the Commission may invite developers of open source software and third party service providers, as well as stakeholders representing the interests of recipients of the public services to participate at meetings of the Interoperable Europe Board, if they possess specific competence in a subject. The Rapporteur proposes to enhance the adoption of open-source solutions by enabling the participation of open-source developers and SMEs in development of interoperability services.

4. Greater involvement of local and regional authorities

Finally, the Rapporteur’s goal is to highlight the role of local and regional administrations in implementing interoperability solutions, as local and regional authorities are close to the citizen and provide a wide range of services. In particular, the amendments provide for that regulatory sandboxes can also be operated at local and regional level.

AMENDMENT

The Committee on the Internal Market and Consumer Protection 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)~~

Recital 1

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.

(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.

Amendment 2

Proposal for a regulation

~~Recital 27 a (new)~~

Recital 2

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~~

(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

~~Article 11 – paragraph 2~~

Recital 2 a (new)

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 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.

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~~

Recital 2 b (new)

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:~~

(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.

~~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~~

Recital 3

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.

(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 and easily recognisable label for some interoperability solutions. The creation of a vibrant community around open government technology solutions should be fostered.

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.

(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.

Amendment 6

Proposal for a regulation

~~Article 12 – paragraph 2~~

Recital 4

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.

(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. 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.

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.

(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

~~Article 12 – paragraph 3 – point b~~

Recital 6

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;~~

(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, 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.

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

(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.

Amendment 8

Proposal for a regulation

~~Article 12 – paragraph 3 – point c~~

Recital 8

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;~~

(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.

~~(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~~

Recital 9

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.

(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.

(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

~~Article 12 – paragraph 6 – introductory part~~

Recital 10

Text proposed by the Commission

Amendment

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

(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.

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

(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

~~Article 12 – paragraph 6 – point d~~

Recital 11

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;

(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.

(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;

(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

~~Article 12 – paragraph 6 – point f~~

Recital 12

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;

(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.

(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)~~

Recital 14

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;~~

(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).

Amendment 14

Proposal for a regulation

~~Article 12 – paragraph 10~~

Recital 15

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.

(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.

~~deleted~~

(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.

Amendment 15

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

(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, 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 of the Union.

(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 strategic autonomy of the Union.

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) 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.

(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

Text proposed by the Commission

Amendment

(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, 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.

Amendment 21

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(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 and public administration at all levels.

Amendment 22

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.

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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.

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.

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

Text proposed by the Commission

Amendment

(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 Directive (EU) 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 (NIS 2 Directive);

Amendment 27

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

Text proposed by the Commission

Amendment

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.

Amendment 33

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)

Text proposed by the Commission

Amendment

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

Amendment 35

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

Text proposed by the Commission

Amendment

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.

5. The public sector body, or institution, body or agency of the Union concerned shall consult recipients of the services affected or their 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.

Amendment 37

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

Text proposed by the Commission

Amendment

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.

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, 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.

Amendment 39

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

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, accessible42 , findable and re-usable, if applicable, together with their metadata.

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 2016/2102 and Directive 2019/88242 , findable and re-usable, if applicable, together with their metadata.

__________________

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

Text proposed by the Commission

Amendment

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.

Amendment 43

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, 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;

(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)

Text proposed by the Commission

Amendment

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

Amendment 46

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)

Text proposed by the Commission

Amendment

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

Amendment 48

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 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, 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.

Amendment 49

Proposal for a regulation

Article 11 – paragraph 3 – point b

Text proposed by the Commission

Amendment

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

(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;

Amendment 50

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

Text proposed by the Commission

Amendment

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, including start-ups and SMEs. Cooperation may also be envisaged with third countries establishing mechanisms to support innovative interoperability solutions for the public sector.

Amendment 52

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

Text proposed by the Commission

Amendment

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 in open source 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.

Amendment 57

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

Text proposed by the Commission

Amendment

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.

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.

Amendment 61

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

Text proposed by the Commission

Amendment

(f) coordinate and encourage the active involvement of a diverse range of national 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;

(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;

Amendment 66

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

Text proposed by the Commission

Amendment

(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.

Amendment 71

Proposal for a regulation

Article 20 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

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

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. The report shall specifically assess the need for establishing mandatory interoperability solutions.

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

Date announced in plenary

~~LIBE~~

IMCO

21.11.2022

~~Associated committees - date announced in plenary~~

~~16.3.2023~~

Rapporteur for the opinion

Date appointed

~~Cyrus Engerer~~

Francisco Guerreiro

~~13.4.2023~~

1.3.2023

Discussed in committee

~~23.5.2023~~

25.4.2023

22.5.2023

Date adopted

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

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

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

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

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

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

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION