43 Amendments of Adriana MALDONADO LÓPEZ related to 2022/0379(COD)
Amendment 31 #
Proposal for a regulation
Recital 8
Recital 8
(8) To set up cross-border interoperable public services, it is important to focus on the interoperability aspect as early as possible in the policymaking process. Therefore, the public organisation that intends to set up a new or to modify an existing network and information system that is likely to result in high impacts on the cross-border interoperability, should carry out an interoperability assessment. This assessment is necessary to understand the magnitude of impact of the planned action and to propose measures to reap up the benefits and address potential costs. The interoperability assessment should be mandatory in three cases, which are in scope for cross-border interoperability. In other situations, the public organisations may decide to carry out the interoperability assessment on a voluntary basis. Where an equivalent interoperability assessment has already been carried out, for instance in the context of proposing Union or national law, a new one does not need to be carried out in relation to those same requirements.
Amendment 32 #
Proposal for a regulation
Recital 10
Recital 10
(10) The interoperability assessment should evaluate the impacts of the planned action on cross-border interoperability of network and information system, for example, having regard to the origin, nature, particularity and scale of those impacts. The assessment may also consider cybersecurity risks and the implementation of appropriate risk- management measures. The outcome of that assessment should be taken into account when determining the appropriate measures that need to be taken in order to set up or modify the network and information system.
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 43 #
Proposal for a regulation
Recital 36
Recital 36
(36) Information should be collected in order to assess the performance of this Regulation against the objectives it pursues, and in order give feedback for an evaluation of this Regulation in accordance with paragraph 22 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37. Therefore, the Commission should carry out a monitoring and evaluation of this Regulation. The evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU value added. The evaluation should also be the basis for impact assessments of possible further measures. The monitoring mechanismshould integrate existing data sources and monitoring processes in order to minimise the burden on authorities. _________________ 37 OJ L 123, 12.5. 2016, p 1.
Amendment 47 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘regulatory sandbox’ means a controlled environment set up by a public sector body or an institution, body or agency of the Union for the development, training, testing and validation of innovative interoperability solutions, where appropriate in real world conditions, 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 for a limited period of time under regulatory supervision.
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 54 #
Proposal for a regulation
Article 3 – paragraph 4 – point c a (new)
Article 3 – paragraph 4 – point c a (new)
(ca) a description of the risk assessments and the implementation of cybersecurity risk-management measures on the cross-border interoperability of one or several network and information systems concerned.
Amendment 56 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Interoperable Europe Board shall adopt guidelines on the content offor the interoperability assessment by ... at the latest [one year after the entry into force of this Regulation], including practical check lists, and monitor the compliance with the guidelines.
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
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) not be subject to third party rights or contain personal data or confidential informationthat prevent their distribution and use;
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 67 #
Proposal for a regulation
Article 8 – paragraph 2 – point a a (new)
Article 8 – paragraph 2 – point a a (new)
(aa) not contain personal data or confidential information;
Amendment 69 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Regulatory sandboxes shall be operated under the responsibility of the participating public sector bodies or institutions, bodies and agencies of the Union 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.
Amendment 70 #
Proposal for a regulation
Article 11 – paragraph 3 – point d a (new)
Article 11 – paragraph 3 – point d a (new)
(da) contribute to evidence-based regulatory learning;
Amendment 71 #
Proposal for a regulation
Article 11 – paragraph 3 – point d b (new)
Article 11 – paragraph 3 – point d b (new)
(db) improve legal certainty and contribute to the sharing of best practices through cooperation with the authorities involved in the regulatory sandbox with a view to ensuring compliance with this Regulation and, where appropriate, with other Union and Member States legislation;
Amendment 72 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The participating public sector bodies, institutions, bodies and agencies of the Union 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, institutions, bodies or agencies of the Union 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.
Amendment 75 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. The participating public sector bodies, institutions, bodies and agencies of the Union shall submit periodic reports and a final report to the Interoperable Europe Board and the Commission on the results from the regulatory sandboxes, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the development of this Regulation and other Union legislation supervised within the regulatory sandbox. The Interoperable Europe Board shall issue an opinion to the Commission on the outcome of the regulatory sandbox, specifying, where applicable, the actions needed to implement new interoperability solutions to promote the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically.
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 78 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The Commission shall build a Union-wide recognised certification programme with different skill levels, to promote best practices, human resources qualifications and a culture of excellence.
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 89 #
(a) short- and long-term needs for the development of interoperability solutions;
Amendment 93 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Commission shall monitor the progress of the development of cross- border interoperable public services to be delivered or managed electronically in the Union. The monitoring shall give priority to the reuse of existing international, Union and national monitoring data and to automated data collection. The Commission shall consult the Interoperable Europe Board on the methodology and process of the monitoring.
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 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 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 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.