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

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)

A-9-2023-0254

Committee on Industry, Research and Energy · Rapporteur: Ivars Ijabs

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal for a regulation on public sector interoperability across the Union (Interoperable Europe Act) sets common rules and a cooperation framework for cross-border interoperability of public sector network and information systems. It requires interoperability assessments before setting up or modifying certain systems, and makes sharing of interoperability solutions the default between public sector bodies and Union institutions, bodies and agencies. It creates a European Interoperability Framework, an 'Interoperable Europe solution' label, an Interoperable Europe portal, policy implementation support projects, innovation measures and innovation sandboxes. It establishes an Interoperable Europe Board, an Interoperable Europe Community, national competent authorities and interoperability coordinators, and an annual Interoperable Europe Agenda. It provides for training, peer reviews, monitoring and evaluation, and Union funding of the portal, solutions and support measures.

Committee position. The committee adopts Parliament's position at first reading with amendments to the Commission proposal, and calls on the Commission to refer the matter to Parliament again if it substantially amends its proposal.

Key points

  1. The regulation lays down measures to promote cross-border interoperability of network and information systems used to provide or manage public services in the Union.
  2. It applies to public sector bodies of Member States and to Union institutions, bodies, offices and agencies that provide or manage network or information systems.
  3. Public sector bodies and Union institutions, bodies and agencies must carry out an interoperability assessment before setting up or significantly modifying a system in three cases: cross-border public services, procurements above the Directive 2014/24/EU threshold, or Union-funded systems.
  4. The assessment report must be published on the body's website in machine-readable format and shared with the Commission for publication on the Interoperable Europe portal, without compromising intellectual property rights, trade secrets, public order or security.
  5. Public sector bodies and Union institutions, bodies and agencies must share interoperability solutions on request, including standards, reusable solutions, technical documentation, version history and documented source code, with exceptions for private tasks, third-party intellectual property rights, critical infrastructure, defence and public security.
  6. The Interoperable Europe Board develops the European Interoperability Framework and proposes it to the Commission, and the Commission may adopt specialised interoperability frameworks for specific sectors or administrative levels.
  7. The Board recommends interoperability solutions carrying the label 'Interoperable Europe solution', which must be available for re-use, aligned with open standards, in use in at least one Member State or Union institution, and comply with Board guidelines.
  8. The Commission provides an Interoperable Europe portal as a single point of entry, free of charge and accessible, giving access to solutions, specifications, monitoring data and feedback functions.
  9. The Board may propose policy implementation support projects and innovation measures, and innovation sandboxes may be set up as controlled test environments, with participation limited to 2 years, extendable by up to 6 months.
  10. Personal data may be processed in innovation sandboxes only under cumulative conditions, including necessity, monitoring of high risks, isolated processing environments, no transfer to non-participants, and deletion after participation ends.
  11. The Commission, assisted by the Board, provides training material and free training courses on interoperability, and a voluntary peer review mechanism is established with experts from other Member States.
  12. Each Member State must designate one or more competent authorities, and all Union institutions, bodies and agencies concerned must designate an interoperability coordinator; the Board adopts an annual Interoperable Europe Agenda.

Who is affected

  • Public sector bodies in Member States at national, regional and local level, which must carry out assessments and share solutions.
  • Union institutions, bodies, offices and agencies, which are subject to the same assessment and sharing duties and must designate interoperability coordinators.
  • Businesses, in particular SMEs, and citizens, who may access the portal and provide feedback and benefit from more interoperable public services.
  • Member States, which must designate competent authorities and notify the Commission.
  • Participants in innovation sandboxes, including public sector bodies, SMEs, start-ups and research organisations.

Figures and deadlines

  • Interoperability assessments apply to regional and local public sector bodies 12 months after entry into force.
  • The regulation applies from 3 months after entry into force.
  • Article 3 applies to Union institutions, bodies and agencies and State-level public sector bodies from 6 months after entry into force.
  • Article 17(1) applies from 6 months after entry into force.
  • The Commission reports on the application of the regulation by three years after the date of application and every four years thereafter.
  • Participation in an innovation sandbox is limited to 2 years from its establishment, extendable by up to 6 months.
  • The Board adopts guidelines on the content of the interoperability assessment by six months after entry into force.
  • The Board adopts guidelines on sharing interoperability solutions by six months after entry into force.

Legal basis: Article 294(2) and Article 172 of the Treaty on the Functioning of the European Union.