12 Amendments of Andreas SCHWAB related to 2017/0086(COD)
Amendment 149 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to allow citizens and business to directly enjoy the benefits of the internal market without unnecessary additional administrative burden, this Regulation should require full digitalisation of the user interface of certain key procedures for cross-border users, which are listed in Annex II to this Regulation and provide the criteria for defining how the procedure qualifies as fully online. The "registration of business activity" is one of such procedures of particular relevance for businesses. It is Regulation should not, however, cover the procedures leading to the constitution of companies or firms as legal entities as such procedures necessitate a comprehensive approach aimed at facilitating digital solutions throughout a company’s lifecycleor the registration of a business activity, including registration as a sole trader, a partnership or any other form that it is not a separate legal entity. When businesses establish themselves in another Member State, they are required to register with a social security scheme and an insurance scheme in order to register their employees and pay contributions to both schemes. Those procedures are common for all businesses operating in any sector of the economy, and it is therefore appropriate to require that those two registration procedures are made available online.
Amendment 153 #
Proposal for a regulation
Recital 19
Recital 19
(19) In some instances, given the current state of technical development it may still be necessary for users of a procedure 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 such exception should be limited to situations where no digital technology exists to achieve the purpose of the procedure. Where technologies exist that could replace a personal appearance before an authority, for instance secure online communication such as live chats or video-conferencing, these should be used, unless that is contrary to the formal prerequisites of the law of the State in which the procedure is being conducted.
Amendment 156 #
Proposal for a regulation
Recital 20
Recital 20
(20) This Regulation should not interfere with therestrict Member States in their choice of procedure or in the granting of competencies tof national authorities in different steps of any procedure, includingand should not interfere with the procedural workflows within and between their competent authorities whether digitalised or not.
Amendment 198 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘competent authority’ means any Member State body or authority established at either national, regional or local level with specific responsibilities relating to the information, procedures, assistance and problem solving services covered by this Regulation or any other person or body in which the Member State has invested such competence;
Amendment 214 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The procedures, referred to in paragraph 2, shall be considered as fully online where identification, provision of information, supporting evidence, signature and final submission can be done electronically at a distance and via a single communication channel and if the output of the procedure is also delivered electronically. Member States must also have the power to establish direct contact with citizens and businesses.
Amendment 215 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The submission of documentary evidence by citizens must not affect any formal requirements under the law of the State in which the procedure is being conducted.
Amendment 219 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where the objective pursued by a given procedure, referred to in paragraph 2, cannot be achieved without requiring 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. When considering the digitalisation of individual administrative procedures, objections of overriding public interest must be taken into account.
Amendment 225 #
(b) the service is offered free of charge or at a price which is affordable for micro-, small and medium-sized enterprises or for citizens;
Amendment 287 #
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5a. The exchange of documentary evidence by Member States must comply with any formal requirements under the law of the State in which the procedure is being conducted.
Amendment 305 #
Proposal for a regulation
Article 16 – paragraph 5 a (new)
Article 16 – paragraph 5 a (new)
5a. The Commission and the national coordinators shall ensure that defective links are replaced immediately.
Amendment 329 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In order to gather direct information from users about their satisfaction with the services provided within the gateway, the Commission shall provide users through the gateway with a user-friendly tool containing a text box allowing them to comment anonymously, immediately after using any of the services referred to in Article 2(2), on the quality and availability of the services provided through the gateway and of the common user interface.
Amendment 330 #
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) provide users of the gateway with a user-friendly tool containing a text box to signal anonymously obstacles encountered by them in exercising their internal market rights;