Activities of Felix REDA related to 2017/0086(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/2012 PDF (1 MB) DOC (190 KB)
Amendments (51)
Amendment 133 #
Proposal for a regulation
Recital 4
Recital 4
(4) This Regulation responds to these calls by offering citizens and businesses easy access to information, procedures and assistance and problem solving services they need for the exercise of their rights in the internal market, such as travel within the Union, to work and retire in the Union, reside in Member States other than their Member State of origin, access to education in other Member States, access to healthcare, exercise of family rights, residence rights, citizens’ rights and consumer rights. This Regulation establishes a single digital gateway in the context of which the Commission and competent authorities would play an important role in achieving those objectives.
Amendment 139 #
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation should establish a single entry point through which citizens and business should be able to access information about the rules and requirements they have to comply with, by virtue of Union and/or national law. It should simplify citizens' and businesses’ contact with the assistance and problem solving services, established at the Union or national level and make it more effective. The gateway should also facilitate access to and completion of procedures. Therefore, this Regulation should require Member States to enable users to fully complete certain procedures online that are of key importance to the majority of citizens and businesses moving across borders, without affecting in any way the existing substantive requirements by virtue of Union and/or national law within those policy areas. In this context, the Regulation should support the use of the “once-only” principle, with full respect to the fundamental right to the protection of personal data, for the purpose of the exchange of evidence between competent authorities in different Member States.
Amendment 141 #
Proposal for a regulation
Recital 12
Recital 12
(12) The gateway should be user-centric and, user-friendly and accessible and it should allow citizens and businesses to interact with national and Union level administrations by providing them with the opportunity to give feedback in relation to both the services offered through the gateway and the functioning of the internal market as they experience it. The feedback tool should enable the user to point out perceived problems, deficiencies and needs in order to encourage continuous improvement of the quality of the services on the basis of anonymous data in order to protect the personal data of users.
Amendment 155 #
Proposal for a regulation
Recital 19
Recital 19
(19) In some instances, given the current state of technical developmentthe case of requesting or renewing passports or identity cards, it may still be necessary for users of aas part of the online procedure for users to appear in person before a competent authority as part of the online procedure, in particular in the case of requesting or renewing passports or identity cards containing biometric data. Any suchfor the explicit purpose of gathering biometric data, where these data are required for the issuance of the renewed documents. This exception should be limited to situations where no digital technology exists to achieve the purpose of the procedure.
Amendment 163 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to further facilitate the use of online procedures, this Regulation should, in line with the “once-only” principle, provide the basis for theestablishing a secure technical system to exchange of evidence directly between the competent authorities concerned from different Member States, at the explicit request of citizens and businesses. The “once-only principle means that citizens and businesses should not have to supply the same information to public authorities more than once for the cross-border exchange of evidence.
Amendment 164 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) A request for exchange of evidence should only be considered explicit if it contains a freely given, specific, informed and unambiguous indication of the individual’s wish to have the relevant information exchanged, either by means of a statement or a clear affirmative action. The existence of an explicit request should neither be inferred from a request to carry out a specific procedure, nor from a general request by the user such as a request for all necessary documents from all relevant authorities for a given procedure. A user should be able to withdraw an explicit request at any time without stating the reasons therefore. Such a withdrawal could typically take place in cases where the user, after previewing the evidence to be exchanged, discovers that the information is inaccurate, out-of-date, or goes beyond what is necessary for the procedure at hand.
Amendment 165 #
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
(28b) Any exchange of evidence by means of the secure technical system established on the basis of this Regulation should have an appropriate legal basis in other Union legislation, such as Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU, or applicable national legislation.
Amendment 166 #
Proposal for a regulation
Recital 28 c (new)
Recital 28 c (new)
(28c) The use of the secure technical system established on the basis of this Regulation for the purposes of exchanging evidence between competent authorities should be in compliance with point (e) of Article 6(1) of Regulation (EU) 2016/679.This Regulation does not provide a basis for the use of the secure technical system for purposes other than those foreseen in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU, or applicable national legislation. In addition, this Regulation does not restrict in any sense the ‘principle of purpose limitation’ pursuant to Articles 6(4) and 23(1) of Regulation (EU) 2016/679.
Amendment 174 #
Proposal for a regulation
Recital 32
Recital 32
(32) The compliance with the quality criteria should be the responsibility of the competent authorities and the Commission in relation to the information, procedures and services which they are responsible for. The national coordinators and the Commission should at regular intervals supervise compliance with the quality criteria at national and Union level respectively, and address any problems that arise. This Regulation should give the Commission a wide range of means to address any deterioration in the quality of services offered through the gateway, depending on the seriousness and persistence of such deterioration, which would include involving the gateway coordination group. This should not prejudge the overall responsibility of the Commission regarding the monitoring of the compliance with this Regulation.
Amendment 180 #
Proposal for a regulation
Recital 37
Recital 37
(37) The quality of the information, procedures, assistance and problem solving services available through the gateway should be regularly monitored primarily through a user feedback tool that will ask users of to assess the coverage and quality of the information, procedure or assistance and problem solving service which they have used. This feedback will be collected in a common tool to which the Commission, the competent authorities and the national coordinators should have access. In order to raise trust and ensure transparency for users, the feedback should be aggregated and made publicly available on the Commission website as well as on the gateway itself in the form of summarising reports at least twice a year. In order to ensure uniform conditions for implementation of this Regulation in relation to the functionalities of this user feedback tool and the modalities related to the collection and, sharing and publication of the user feedback, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 183 #
Proposal for a regulation
Recital 42
Recital 42
(42) In order for the Member States and the Commission to develop and implement the necessary tools to give effect to this Regulation, certain of its provisions should apply from twoone years after the date of entry into force.
Amendment 185 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) lays down rules for the establishment and operation of a single digital gateway to provide citizens and businesses with easy access to high quality, comprehensive information, effective assistance and problem solving services and efficient procedures regarding Union and national rules applicable to citizens and businesses; the single digital gateway shall support citizens, natural persons residing in a Member State or legal persons having a registered office in a Member State 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;
Amendment 186 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) facilitates the use of procedures, including by users from other Member States, and supports the implementation of the "once only" principle;
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) summarised information on the quality of information and services accessible through the gateway, based on continuously aggregated user feedback.
Amendment 197 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘user’ means anyone who is a citizen of the Union, a natural person residing in a Member State or a legal person having its registered office in a Member State, or a public authority and who accesses the information, the procedures, or the assistance or problem solving services, referred to in Article 2(2), through the gateway;
Amendment 210 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that users can complete the procedures listed in Annex II fully online. This obligation shall not apply in cases of procedures for requesting/renewing an ID card or passport, which may require the user to appear in person before the competent authority at some stage of the procedure. Member States shall limit such physical presence to what is strictly necessary and objectively justified and shall ensure that other steps of the procedure can be completed fully online. They shall notify such exceptions to the Commission.
Amendment 216 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 272 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. For the purpose of the exchange of evidence for online procedures listed in Annex II and procedures provided for in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU, a secure technical system for the electronic exchange of evidence between competent authorities in different Member States ("the technical system") shall be established by the Commission in cooperation with the Member States.
Amendment 276 #
Proposal for a regulation
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) it shall ensure that the user has the possibility to preview the evidence to be exchanged. before it is made available to the requesting authority, and to withdraw the request for evidence to be exchange at any time;
Amendment 277 #
Proposal for a regulation
Article 12 – paragraph 2 – point e a (new)
Article 12 – paragraph 2 – point e a (new)
(ea) it shall enable the processing of the explicit request of the user referred to in paragraph 4, as well as the withdrawal of such a request, the conditions of which shall not be more stringent than those for making such a request.
Amendment 279 #
Proposal for a regulation
Article 12 – paragraph 2 – point e b (new)
Article 12 – paragraph 2 – point e b (new)
(eb) it shall ensure that the issuing authority retains no data regarding the transmission of the evidence.
Amendment 281 #
Proposal for a regulation
Article 12 – paragraph 2 – point e c (new)
Article 12 – paragraph 2 – point e c (new)
(ec) it shall not store or process any data beyond what is technically strictly necessary to achieve the transmission of the evidence, and only for the duration necessary for that purpose.
Amendment 283 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The competent authorities responsible for online procedures referred to in paragraph 1 shall, upon an explicit request of the user, request evidence directly from competent authorities issuing evidence in other Member States through the technical system. The issuing authorities shall, subject to paragraph 2(d), make such evidence available through the same system. The issuing authorities shall not make such evidence available without an explicit request from the user, or if the user has withdrawn such a request. The user may withdraw his or her explicit request at any time.
Amendment 285 #
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. The competent authorities responsible for the online procedures referred to in paragraph 1 shall ensure that users have the possibility to make or withdraw an explicit request or submit or withdraw evidence by other means than the technical system.
Amendment 290 #
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. The issuing authority making available evidence to another authority pursuant to paragraph 4 shall not retain any data related to the making available or transmission of that evidence.
Amendment 298 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The national coordinators and the Commission shall regularly monitor the compliance of the information, procedures and assistance and problem solving services available through the gateway for which they are responsible, with the quality requirements laid down in Articles 7 to 11 and 13. The monitoring shall be carried out on the basis of the data gathered in accordance with Article 22.
Amendment 300 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. In case of the deterioration in the quality of the services referred to in paragraph 1, provided by the competent authorities, the Commission mayshall take anyone or more of the following measures having regard to the seriousness and persistence of the deterioration:
Amendment 301 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Information on the results of the monitoring under paragraph 1 and on the measures taken under paragraphs 2 and 3 shall be made publicly available in the form of summary reports on the Commission website as well as through the gateway itself, at least twice a year.
Amendment 303 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall provide the links to all the information, procedures and assistance and problem solving services accessible on the webpages managed at Union level, and all their subsequent updates, to the repository of links.
Amendment 304 #
Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
The national coordinators shall provide the links to all the information, procedures and assistance and problem solving services accessible on the webpages managed by competent authorities or private or semi- private entities as referred to in Article 6(3), and all their subsequent updates, to the repository of links.
Amendment 307 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. The Commission shall be responsible, including legally liable, for the development, availability, regular monitoring, regular updating, maintenance, security and hosting of the following IT applications and webpages:
Amendment 308 #
Proposal for a regulation
Article 18 – paragraph 1 – point e a (new)
Article 18 – paragraph 1 – point e a (new)
(ea) the summary quality reports referred to in Articles 2(2)(d) and 14(4).
Amendment 311 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Competent authorities shall be responsible and liable for the development, availability, regular monitoring, maintenance and security of IT applications related to webpages they are managing and which are linked to the common user interface.
Amendment 312 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The Commission and competent authorities shall make publicly available information relating to the version and date of the last update to the IT applications for which they are responsible.
Amendment 338 #
Proposal for a regulation
Article 26 – paragraph 1 – point i a (new)
Article 26 – paragraph 1 – point i a (new)
(ia) take note of the summary reports referred to in Article 14(4);
Amendment 343 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
By fourtwo years after the entry into force of this Regulation and once every two years thereafter, the Commission shall review the application of this Regulation and submit to the European Parliament and 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 21, 22 and 23. The review will, in particular, evaluate the scope of Article 12 of this Regulation taking into account technological, market and legal developments concerning the exchange of evidence between competent authorities.
Amendment 351 #
Article 2, Articles 4 to 11, Article 12(1) to (6) and (8), Article 13, Article 14, Article 15(1) to (3), Article 16, Article 17, Article 21(1) and (2), Article 22(1) to (4) and Article 23 shall apply from [twoone years after entry into force of this Regulation].
Amendment 358 #
Proposal for a regulation
Annex I – Areas of information related to citizens – table – area 3: Vehicles in the Union
Annex I – Areas of information related to citizens – table – area 3: Vehicles in the Union
– indent 6
• national traffic rules and requirements for drivers, such as toll and emissions stickers for temporary or permanent stays in another Member State
Amendment 363 #
Proposal for a regulation
Annex I – Areas of information related to citizens – table – area 6: Healthcare – indent 2 a (new)
Annex I – Areas of information related to citizens – table – area 6: Healthcare – indent 2 a (new)
• health insurance coverage in another Member State
Amendment 368 #
Proposal for a regulation
Annex I – Areas of information related to citizens – table – area 7: Cross-border family rights, obligations and rules – indent 1
Annex I – Areas of information related to citizens – table – area 7: Cross-border family rights, obligations and rules – indent 1
• birth, custody for minor children, parental responsibilities, surrogacy and adoption, including second-parent adoption, maintenance obligations in relation to children in a cross-border family situation
Amendment 369 #
Proposal for a regulation
Annex I – Areas of information related to citizens – table – area 7: Cross-border family
Annex I – Areas of information related to citizens – table – area 7: Cross-border family
• living in a couple with different nationalities (marriagewithout discrimination on the basis of sexual orientation (marriage, civil/registered partnership, separation, divorce, marital property rights, the rights of cohabitants)
Amendment 372 #
Proposal for a regulation
Annex I – Areas of information related to citizens – table – column 1 – title of area 8
Annex I – Areas of information related to citizens – table – column 1 – title of area 8
Consumers in cross-border situation’ rights
Amendment 374 #
Proposal for a regulation
Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 1
Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 1
• buying goods and services from another Member State (including financial), on-line or in person
Amendment 375 #
Proposal for a regulation
Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 2
Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 2
• holding a bank account in another Member State
Amendment 377 #
Proposal for a regulation
Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 5 a (new)
Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 5 a (new)
• product safety and security
Amendment 378 #
Proposal for a regulation
Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 5 b (new)
Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 5 b (new)
• guarantees, consumer redress and compensation
Amendment 379 #
Proposal for a regulation
Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 5 c (new)
Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 5 c (new)
• judicial procedures for consumers
Amendment 380 #
Proposal for a regulation
Annex I – Areas of information related to citizens – table – area 8 a (new): Citizens’ and residents’ rights
Annex I – Areas of information related to citizens – table – area 8 a (new): Citizens’ and residents’ rights
Area INFORMATION REGARDING RIGHTS, OBLIGATIONS AND RULES Citizens’ and • filing administrative and judicial petitions residents’ rights • filing of petitions to public institutions • gender recognition
Amendment 381 #
Proposal for a regulation
Annex I – Areas of information related to citizens – table – area 8 b (new): Protection of personal data
Annex I – Areas of information related to citizens – table – area 8 b (new): Protection of personal data
Area INFORMATION REGARDING RIGHTS, OBLIGATIONS AND RULES Protection of • exercise of rights of data subjects according to the GDPR personal data (pursuant to sections 2-4, GDPR: information and access to personal data, rectification and erasure, objection)
Amendment 383 #
Proposal for a regulation
Annex I –Areas of information related to businesses – table – area 1: Starting, running and closing a business – indent 2
Annex I –Areas of information related to businesses – table – area 1: Starting, running and closing a business – indent 2
• intellectual property rights (applying for a patent, registering a trademark, a drawing or a design, getting a license for reproduction, applicable exceptions)
Amendment 392 #
Proposal for a regulation
ANNEX II – table
ANNEX II – table
Life events Procedures Expected output Birth Birth Requesting a birth certificate Birth certificate Applying for a study grant Decision regarding the Studying from a public institution application for a grant Enrolling in university Confirmation of enrolment Registering for social security Acknowledgement of receipt Working benefits Requesting recognition of Decision on the request for diploma recognition Registering a change of Confirmation of the Moving address registration of the new address Requesting/renewing ID card Issue or renewal of an ID card or passport or a passport Registering a motor vehicle Registration certificate Requesting/renewing Issue or renewal of a residence card residence card Claiming pension and pre- Decision regarding the claim Retiring retirement benefits from for a pension or pre-retirement public or semi-public schemes benefits General registration of Confirmation of the business activity, excluding completion of all steps procedures concerning the necessary to start operating as Starting a constitution of companies or a business business firms within the meaning of the second paragraph of Article 54 TFEU Registration of an employer (a Social security registration natural person) with public or number semi-public pension and insurance schemes Registration of employees Social security registration with public or semi-public number pension and insurance schemes Notification to the social Confirmation of the receipt of Doing business security schemes of the end of the notification contract with an employee Payment of social Receipt or other form of contributions for employees confirmation of payment of social contributions for employees Obtaining highway toll Receipt of toll or emissions Vehicles stickers or emissions stickers stickers