38 Amendments of Carlos ZORRINHO related to 2022/0379(COD)
Amendment 40 #
Proposal for a regulation
Recital 2
Recital 2
(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. Additionally, the Digital Decade Policy Programme (Decision (EU 2022/2481) a clear target for 100% online accessible provision of key public services for Union citizens and businesses by 2030; Furthermore, the COVID- 19 pandemic increased the speed of digitalisation, pushing public administrations to adapt to the online paradigm, including for cross-border digital public services, as well as for the smarter and greener use of technologies in accordance with the climate and energy targets set in the European Green Deal and the Regulation (EU) 2021/1119 of the European Parliament and of the 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. _________________ 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 42 #
Proposal for a regulation
Recital 3
Recital 3
(3) The new governance structure should have a legal mandate to drive the further development of the European Interoperability Framework and other common interoperability solutions, such as specifications and applications. Furthermore, this Regulation should establish a clear and easily recognisable label, defined in line with recognised standards and principles, amongst which are the Common Assessment Method for Standards and Specifications and based on the Underlying Principles of the European Interoperability Framework, for some interoperability solutions. The creation of a vibrant community around open government technology solutions should be fostered.
Amendment 49 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Public bodies, Union institutions, bodies and agencies should pursue the development of interoperability solutions in a holistic manner that ensures data quality, transparency and data protection. In this context, self-governing IT soultions should be incentivised.
Amendment 50 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Interoperability solutions and exchanges of data should also be designed and used taking into account the confidentiality principles which pertain to fundamental rights.
Amendment 60 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Without prejudice to the interoperability and digitalisation of key public services and services which depend crucially on digital technologies, offline accessibility of services should nevertheless be maintained while transitioning to digital and interoperable tools, in the interests of the most vulnerable, less digitally-skilled population.
Amendment 61 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) Interoperable key public services should contribute to achieving broader societal outcomes that are not limited to the digital and administrative sphere, but have positive effects on citizens’ everyday life and their wellbeing, advancing transparency, good governance, social inclusion, accessibility and good-quality public service in accordance with the European Pillar of Social Rights.
Amendment 66 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In cases where the interoperability assessment is mandatory, the Commission shall support Member States in ensuring that the necessary resources are made available to local and regional authorities.
Amendment 75 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Member States, the Union institutions, agencies and bodies should endeavour to ensure that, amongst others, EU funded projects for public services are open source by default.
Amendment 76 #
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21b) Public bodies can also, in this regard, consult the dedicated European Public License (EUPL), available in all EU languages with a licensing assistant providing online legal support.
Amendment 84 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) In line with their efforts to achieve the targets set in the Digital Decade Policy Programme (Decision (EU 2022/2481), whilst providing continuous training, skilling and upskilling programmes, the Member States and the Commission should pay particular attention to the good understanding of interoperability and the ability to work with the related concepts and implications thereof for the public sector workers, especially the less digitally-skilled.
Amendment 87 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) In this regard, additional investment in research and innovation and more engagement with the scientific and researchers’community is necessary.
Amendment 88 #
Proposal for a regulation
Recital 35
Recital 35
(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. The overview should pay special attention to resources needed for the skilling and upskilling of public sector workers as well as to the additional barriers incurred by areas which suffer from decreased connectivity, rural areas, peripheral regions and islands, leaving no one behind. This should contribute to creating synergies and coordinating financial support related to interoperability development and avoiding duplication. The Interoperable Europe Agenda should set clear targets and should introduce key performance indicators for measuring the achivement thereof.
Amendment 94 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) Interoperable solutions and the Interoperable Europe Agenda shall guarantee a comprehensive approach to interoperability, addressing, amongst others, organisational interoperability limitations as well as retrospective compatibility of new systems with the existing ones.
Amendment 96 #
Proposal for a regulation
Recital 39
Recital 39
(39) The application of this Regulation should be deferred to threwelve months after the date of its entry into force in order to provide Member States and the institutions, bodies and agencies of the Union with sufficient time to prepare for the application of this Regulation. Such time is necessary to establish the Interoperable Europe Board and the Interoperable Europe Community and for the designation of national competent authorities and interoperability coordinators.
Amendment 103 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
Amendment 106 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
The public sector body or the institution, body or agency of the Union concerned shall publish a report presenting the outcome of the interoperability assessment on its website, provided that the publication does not compromise intellectual property rights or trade secrets, public order or security.
Amendment 108 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The national competent authorities and the interoperability coordinators shall provide local and regional authorities with guidelines on evaluating the cases in which an interoperability assessment is mandatory under paragraph 1 as well as the necessary support to carry out the interoperability assessment. The Commission mayshall provide technical tools to support the assessment.
Amendment 116 #
5a. The Interoperable Europe Board shall adopt guidelines on the sharing of interoperability solutions by ... [three months after the date of entry into force of this Regulation], including practical check lists.
Amendment 133 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Interoperable Europe Portal shall also include a list of all public services provided online in the EU Member States, clustered by type of service and Member State.
Amendment 136 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) contribute to the development of existing or new Interoperable Europe solutions, also as a prerequisite of an open ICT ecosystem;
Amendment 137 #
Proposal for a regulation
Article 10 – paragraph 2 – point a a (new)
Article 10 – paragraph 2 – point a a (new)
(aa) provide technological changes through incremental innovation on existing products and services, combining systems, components or applications;
Amendment 147 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
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. For the purpose of the consultation provided under paragraph 5, the documentation submitted with a view to obtaining authorisation should include the information listed under Article 12, paragraph 3, points (a) and (g) of this Regulation.
Amendment 149 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The participating public sector bodies shall ensure that, to the extent the innovative interoperability solution involves the processing of personal data or otherwise falls under the supervisory remit of other national authorities providing or supporting access to data, the national data protection authorities and those other national authorities are associated to the operation of the regulatory sandbox. As appropriate, the participating public sector bodies may allow for the involvement in the regulatory sandbox of other actors within the GovTech ecosystem such as national or European standardisation organisations, notified bodies, research and experimentation labs, innovation hubs, and companies wishing to test innovative interoperability solutions, especially SMEs and start-ups. Cooperation may also be envisaged with third countries establishing mechanisms to support innovative interoperability solutions for the public sector, provided that safeguards concerning data protection are envisioned.
Amendment 151 #
Proposal for a regulation
Article 12 – paragraph 6 – point f
Article 12 – paragraph 6 – point f
(f) any processing of personal data does not affectguarantees 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;
Amendment 152 #
Proposal for a regulation
Article 12 – paragraph 6 – point j a (new)
Article 12 – paragraph 6 – point j a (new)
(ja) any personal data to be processed is subject to a retention period of no longer than the period necessary for the carrying out of the testing and of the correction of the errors.
Amendment 155 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Further funding and training facilities for all public workers shall be made available by the Commission in order to ensure a broad understanding of the benefits, implications and uses of interoperability.
Amendment 156 #
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. The peer review shall also assess the efforts made to build the necessary capabilities and to train the public sector personnel as provided under Article 13 of this Regulation. Additionally, the report shall also take into account the different starting points of the Member States and of regions suffering from decreased connectivity, of rural and peripheral areas and islands.
Amendment 180 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Public and private stakeholders, as well as civil society and academic contributors, residing or having their registered office in a Member State may register on the Interoperable Europe portal as a member of the Interoperable Europe Community.
Amendment 181 #
Proposal for a regulation
Article 16 – paragraph 4 – point c a (new)
Article 16 – paragraph 4 – point c a (new)
(ca) support public sector bodies, institutions, agencies or bodies of the Union in carrying out interoperability assessments.
Amendment 184 #
Proposal for a regulation
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
(f) coordinate and encourage the active involvement of a diverse range of national entities, as well as 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 186 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The Member States shall ensure that the competent authority has adequate competencies and resources to carry out, in an effective and efficient manner, the tasks assigned to it. In this regard, the Commission shall ensure that competent authorities of Member States receive appropriate funding and guidance to support the performance of related tasks.
Amendment 190 #
Proposal for a regulation
Article 19 – paragraph 2 – point d a (new)
Article 19 – paragraph 2 – point d a (new)
(da) clear targets and key performance indicators for measuring the achivement thereof.
Amendment 194 #
Proposal for a regulation
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) the development of open source solutions for the public services, public sector innovation and the cooperation with GovTech actors, including SMEs and start-ups, in the field of cross-border interoperable public services to be delivered or managed electronically in the Union.;
Amendment 195 #
Proposal for a regulation
Article 20 – paragraph 2 – point c a (new)
Article 20 – paragraph 2 – point c a (new)
(ca) the percentage of the public sector workers that has taken part in training as provided under Article 13 of this Regulation;
Amendment 197 #
Proposal for a regulation
Article 20 – paragraph 2 – point c b (new)
Article 20 – paragraph 2 – point c b (new)
(cb) the impact of the Regulation on advancing transparency, good governance, accessibility, social inclusion and good-quality public services, especially with regards to the reduction of the administrative burden, to the benefit of citizens, public sector workers and businesses, in particular SMEs.
Amendment 198 #
(cc) the impact of interoperability solutions on the areas which suffer from lower connectivity such as rural and peripheral areas as well as islands.
Amendment 199 #
Proposal for a regulation
Article 21 – paragraph 1 – point c a (new)
Article 21 – paragraph 1 – point c a (new)
(ca) training, upskilling and reskilling of public sector workers, directly or indirectly, affected by the uptake of interoperability solutions.
Amendment 201 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
It shall apply from [312 months after the date of entry into force of this Regulation].