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To · opinion parliamentary committee draft · 2023-04-03 IMCO-PA-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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~~ORDINARY LEGISLATIVE procedure~~

PA_Legam

Follow up to the 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)

SHORT JUSTIFICATION

~~1. Rapporteur: Ivars IJABS (Renew / LV)~~

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.

~~2. Reference numbers: 2022/0379 (COD) / A9-0254/2023 / P9_TA(2024)0060~~

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).

~~3. Date of adoption of the resolution: 6 February 2024~~

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

~~4. Legal basis: Article 172 of the Treaty on the Functioning of the European Union~~

1. Improvement on the accessibility of digital public services

~~5. Competent Parliamentary Committee: Committee on Industry, Research and Energy (ITRE)~~

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.

~~6. Commission's position: accepts all amendments.~~

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 1

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 2

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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.

(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 3

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(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.

(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 4

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 5

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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).

Or. en

Amendment 6

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(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.

(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 7

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 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 8

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.

Or. en

Amendment 9

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 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];

Or. en

Amendment 10

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.

Or. en

Amendment 11

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(aa) 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 12

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.

Or. en

Amendment 13

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. 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 14

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’ and shall be published on the Interoperable Europe portal.

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.

Or. en

Amendment 15

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(da) enhance the accessibility of public services to users.

Or. en

Amendment 16

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ba) increase accessibility of public services to users.

Or. en

Amendment 17

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. 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, 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 18

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;

Or. en

Amendment 19

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 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 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.

Or. en

Amendment 20

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 developers of open source software 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 21

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.

Or. en

Amendment 22

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;

Or. en

Amendment 23

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.

Or. en

Amendment 24

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en