Sittings · Document

Draft report (COM(2023)0515 – C9-0327/2023 – 2023/0314(COD)) 2023-12-07

Amending Regulations (EU) No 1024/2012 and (EU) 2018/1724 as regards the use of the Internal Market Information System and the Single Digital Gateway for the purposes of certain requirements laid down by Directive (EU) .../... of the European Parliament and of the Council on European cross-border associations (COM(2023)516))

Committee on the Internal Market and Consumer Protection

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AM_Com_LegReport

Amendment 4

Jiří Pospíšil

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Regulation (EU) 2018/1724 of the European Parliament and the Council7, which established the single digital gateway, provides for general rules for the online provision of information, procedures and assistance services relevant for the functioning of the internal market. The procedures covered by this Regulation should comply with the requirements of Regulation (EU) 2018/1724 so as to ensure that any ECBA can benefit from fully online procedures and the cross-border automated exchange of evidence, in accordance with the once-only principle. These procedures encompass the application for registration of an ECBA and the procedure of transfer of registered office of an ECBA.

(Does not affect the English version.)

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7 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).

Or. cs

Amendment 5

Eugen Jurzyca

Proposal for a regulation

Article 2 – paragraph 1 – point 1

Regulation (EU) 2018/1724

Article 1(1), point (a)

Text proposed by the Commission

Amendment

(a) the establishment and operation of a single digital gateway to provide citizens, businesses and legal persons other than businesses with easy access to high quality information, to efficient procedures and to effective assistance and problem-solving services with regard to Union and national rules applicable to citizens, businesses and legal persons other than businesses exercising or intending to exercise their rights derived from Union law in the field of the internal market, within the meaning of Article 26(2) TFEU;

(a) the establishment and operation of a single digital gateway to provide citizens, businesses and legal persons other than businesses with easy access to high quality information, to efficient procedures saving time and costs and to effective assistance and problem-solving services with regard to Union and national rules applicable to citizens, businesses and legal persons other than businesses exercising or intending to exercise their rights derived from Union law in the field of the internal market, within the meaning of Article 26(2) TFEU;

Or. en

Amendment 6

Eugen Jurzyca

Proposal for a regulation

Article 2 – paragraph 1 – point 4 a (new)

Regulation (EU) 2018/1724

Article 25

Text proposed by the Commission

Amendment

(4 a) in Article 25, paragraph 1a is added:

For services referred to in Article 2(2), point (b), the feedback tool referred to in paragraph 1 shall include the total time spent by the user on the procedures covered by Annex II, and where applicable, estimated total time spent before the application of this Regulation.

Or. en

Justification

The First Implementation Report on the Single Digital Gateway ("SDG") stated multiple times that the SDG saved users “a lot of time”. However, to understand the value of SDG, the results for citizens and businesses should be properly measured to justify the costs and potential future expansion of the services and information included in the SDG. It would be valuable, for those users who have had previous experiences with the same cross-border public services before SDG implementation, to compare the experience and the estimated time savings.

Amendment 7

Eugen Jurzyca

Proposal for a regulation

Article 2 – paragraph 1 – point 4 b (new)

Regulation (EU) 2018/1724

Article 27

Text proposed by the Commission

Amendment

(4 b) Article 27 is replaced by the following:

1.The Commission shall publish in an anonymised form all feedback and online summary overviews of the problems emerging from the information collected in accordance with Article 26(1), the main user statistics referred to in Article 24, and the main user feedback referred to in Article 25.

2. Online summary overviews referred to in paragraph 1 shall include statistics on feedback that resulted in action by the Commission or Member States to improve the gateway, quantified estimates of the net impact of those actions, and case studies on how the feedback is improving the gateway in practice.

Or. en

Justification

The feedback would be available online in the same way as search engines publish feedback for different web pages, restaurants and services.

The overview should also include information how the Commission and Member States take into consideration how feedback helped to improve the gateway. This may be a strong incentive for other users to participate in the continuous improvements, if they see examples and case studies of real impact coming from their feedback.

Amendment 8

Jiří Pospíšil

Proposal for a regulation

Article 2 – paragraph 1 – point 5 – point b

Regulation (EU) 2018/1724

Annex I

Text proposed by the Commission

Amendment

Areas of information related to legal persons other than businesses having their registered office in a Member State:

AA. Starting, running and closing a legal person other than a business

2. transfer of the registered office of a legal person other than a business to another Member State

Or. cs

Amendment 9

Jiří Pospíšil

Proposal for a regulation

Article 2 – paragraph 1 – point 5 – point b

Regulation (EU) 2018/1724

Annex I

Text proposed by the Commission

Amendment

Areas of information related to legal persons other than businesses having their registered office in a Member State:

AA. Starting, running and closing a legal person other than a business

2a. protection of creditors' rights in connection with the transfer of the registered office of a legal person other than a business to another Member State

Or. cs

Amendment 10

Jiří Pospíšil

Proposal for a regulation

Article 2 – paragraph 1 – point 5 – point b

Regulation (EU) 2018/1724

Annex I

Text proposed by the Commission

Amendment

Areas of information related to legal persons other than businesses having their registered office in a Member State:

AA. Starting, running and closing a legal person other than a business

4. compliance with rules and transparency in commercial practices, including consumer rights and guarantees related to selling goods and services

Or. cs

Amendment 11

Jiří Pospíšil

Proposal for a regulation

Article 2 – paragraph 1 – point 5 – point b

Regulation (EU) 2018/1724

Annex I

Text proposed by the Commission

Amendment

Areas of information related to legal persons other than businesses having their registered office in a Member State:

AA. Starting, running and closing a legal person other than a business

10. civil liability of board members of a legal person other than a business

Or. cs

Amendment 12

Eugen Jurzyca

Proposal for a regulation

Article 2 – paragraph 1 a (new)

Regulation (EU) 2018/1724

Article 36

Text proposed by the Commission

Amendment

Article 36 is replaced by the following:

1.By [36 months after entry into force] and once every three years thereafter, the Commission shall review the application of this Regulation and submit to the European Parliament and to the Council an assessment report on the functioning of the gateway and on the functioning of the internal market on the basis of the statistics and feedback collected in accordance with Articles 24, 25 and 26.

2.The review shall, in particular:

(a) evaluate the scope of Article 14, taking into account technological, market and legal developments concerning the exchange of evidence between competent authorities;

(b) evaluate and quantify the time and costs saved for users of Article 1(1), point (b) and the cost savings for each Member State;

(c) evaluate the scope of Annex II, quantify the time and costs saved for users for each procedure of Annex II for each Member State;

(d) quantify net impact of this Regulation on users, including time and costs saved;

(e) analyse best practices of procedures fully available online in Member States, which has the potential to save the most time and costs for users and assess their feasibility to extend Annex II.

Or. en

Justification

The SDG Report also stated that the once-only principle is expected to generate a positive economic impact on Member States’ budgets (up to EUR 100 million annually per Member State). The Commission should quantify the savings for each Member State. Additionally, once-only principle is expected to save costs and time for users. The Commission should quantify the positive results to motivate further steps at EU and national level. The aim of the SDG should also be to make procedures for life situations much easier and faster. The review should estimate the time saved for each procedure.