31 Amendments of Othmar KARAS related to 2017/0086(COD)
Amendment 150 #
Proposal for a regulation
Recital 19
Recital 19
(19) In some instances, the user may be required to submit evidence to prove facts that cannot be established by online means, such as medical certificates and proof of the roadworthiness of motor vehicles. As long as the evidence to prove such facts can be submitted in electronic format, this should not constitute an exception to the principle that a procedure should be offered fully online. In other instances, given the current state of technical development, it may still be necessary for users of an online procedure to appear in person before a competent authority as part of the online procedure, in particularsuch as in the case of requesting or renewing passports or identity cards containing biometric data. Any such exception should not be discriminatory and should be limited to situations where no digital technology exists to achieve the purpose of completing the procedure. online and where it is absolutely necessary for the Member States to implement strict, indispensable, objectively justified and proportionate measures. This may, for example, be in the interest of public policy, general security, public health and the fight against fraud. In such exceptional cases, Member States should limit the physical presence of the user to what is strictly necessary. Any such exceptions should be notified to the Commission and should be discussed regularly and carefully reviewed for an improvement in the situation in the gateway coordination group together with good national practices and technical developments that would facilitate the further digitalisation of procedures.
Amendment 157 #
Proposal for a regulation
Recital 23
Recital 23
(23) Furthermore, the Member States and the Commission may decide to add other national assistance or problem solving services, provided by competent authorities or by private andor semi-private entities or public bodies, such as chambers of commerce, including bilateral chambers of commerce, or non- governmental assistance services for citizens, under the conditions set out in this Regulation. In principle, competent authorities should be responsible for assisting citizens and businesses with any queries they have in relation to applicable rules and procedures that cannot be fully addressed by online services. However, in very specialised areas and where the service provided by private or semi-private bodies meets the users’ needs, Member States can propose to the Commission to include such services in the gateway, provided that they meet all conditions set out in the Regulation and do not duplicate the assistance or problem solving services already included.
Amendment 176 #
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation lays down the provisions governing the establishment of a single digital gateway through which citizens and businesses should be able to access information on rights, obligations and rules relating to the exercise of their internal market rights and to access procedures for exercising their rights and also assistance and problem- solving services. This Regulation also lays down rules on the lists of information and information areas, procedures and assistance and problem-solving services. In order also to obtain adequate information for measuring the performance of the single digital gateway, this Regulation provides a framework for establishing common specifications for the collection and analysis of data related to the use of the different information areas, procedure and services offered through the gateway. In order to lay down the detailed categories of data to be recorded and the method of recording and exchange of data and to update the list with information and information areas and assistance and problem-solving services, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.37. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States’ experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 37 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making, (OJ L 123, 12.5.2016, p. 1–14).
Amendment 189 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. A single digital gateway ("the gateway”) shall be established by the Commission and the competent authorities in accordance with this Regulation. The gateway shall consist of a common user interface integrated in athe single portal 'Your Europe' managed by the Commission and shall link to relevant national and Union websites.
Amendment 193 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) information on and links to procedures established at Union or national level in order to exercise those rights and comply with those obligations and rules and in respect of the procedures mentioned in Article 5 and listed in Annex II;
Amendment 196 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. The Commission shall be empowered to adopt delegated acts in accordance with Article 34 adapting Annexes I and III in order to take into account developments in access to the availability of rights, obligations and rules in accordance with Union law and national law.
Amendment 205 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The Commission and the Member States may provide additional information and procedures with regard to the requirements set out in Annex I and Annex II on a voluntary basis and make them available through the user interface on the existing 'Your Europe' portal.
Amendment 207 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that, where a procedure, referred to in Article 2(2)(b), and established at national level, by central State bodies or uniformly made available to all sub-central authorities can be accessed and completed online by users of that Member State, it can be also be accessed and completed by users of other Member States in a non-discriminatory way.
Amendment 212 #
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 through a single user interface integrated in the portal 'Your Europe'.
Amendment 218 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in exceptional cases such as in the interest of public policy, general security, public health and the fight against fraud, the objective pursued by a given procedure, referred to in paragraph 2, cannot be fully achieved withoutonline, Member States may requiringe the user to appear in person before the competent authority at some stage of the procedurefor a procedural step. In these exceptional cases, 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. In implementing these requirements which require physical presence, Member States should ensure, that they are non- discriminatory. They shall notify such exceptions forthwith to the Commission and the single digital gateway coordination group and duly justify them.
Amendment 220 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. In the event of technical difficulties or in the event of a technical failure, Member States should offer the additional possibility of completing procedures under Article 2 (2) (b) by other means.
Amendment 228 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) it includes the name of the authority or entity responsible for the content of the information;
Amendment 229 #
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) it includes the name of the authority or entity responsible for the procedures and completing the procedures;
Amendment 242 #
Proposal for a regulation
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(ga) any exception with regard to the duty of Member States to make the procedures under Article 5 fully available online, with each exception having to be supplemented by a reasonable explanation of how those restrictions meet the criteria of absolute necessity and objective justification.
Amendment 254 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
The competent authoritiMember States shall ensure that the following requirements are fulfilled in relation to the procedures referred to in Article 5(1) for which they are responsible:
Amendment 255 #
Proposal for a regulation
Article 10 – paragraph 1 – point a a (new)
Article 10 – paragraph 1 – point a a (new)
(aa) all procedural steps, except for those which, in duly justified and exceptional cases, make the physical presence of the user absolutely necessary, can be handled via a single user interface on the portal 'Your Europe';
Amendment 261 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) users are able to access and receive instructions for completing the procedure in at least one official language of the Union other than the national language or, where applicable, the national languages, unless they are regional or local procedures, which are not covered by Annex II;
Amendment 289 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The evidence made available by a competent authority shall be strictly limited to what has been requested and shall only be used by the receiving authority for the purpose of the procedure for which the evidence was exchanged. The competent authorities concerned should process all personal data of users in accordance with Regulation (EU) 2016/679.
Amendment 302 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission shall provide a common user interface to ensure the proper functioning of the gateway. The common user interface shall be integrated into the existing portal 'Your Europe'.
Amendment 306 #
Proposal for a regulation
Article 16 – paragraph 6 a (new)
Article 16 – paragraph 6 a (new)
6a. The Commission and the Member States may provide links that are not listed in Annex I and Annex II if they meet the quality requirements laid down in this Regulation.
Amendment 313 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The name and tby which the gateway shall be known and promoted to the general public shall be the English designation 'Your Europe', the same name as the existing portal. The logo by which the gateway shall be known and promoted to the general public, wi shall be decided by the Commission in close cooperation with the gateway coordination group, at the latest by the date of application of this rRegulation.
Amendment 317 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The competent authorities and the Commission, the Member States, the Commission and the European Parliament shall promote the awareness and the use of the gateway amongst citizens and businesses and shall ensure the accessibility and visibility of the gateway and its services through search engines accessible to the public.
Amendment 339 #
Proposal for a regulation
Article 26 – paragraph 1 – point l a (new)
Article 26 – paragraph 1 – point l a (new)
(la) work towards a merger of existing information portals.
Amendment 346 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The power to adopt delegated acts referred to in Article 2 (3a) and Article 21(3) shall be conferred on the Commission for a period of five years from […]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 348 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The delegation of power referred to in Article 2 (3a) and Article 21(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 349 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. A delegated act adopted pursuant to Article 2(3a) and Article 21(3) shall enter into force only if no objection has been raised either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 350 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
Article 2, Articles 4 to 11, Article 12(1) to (6) and (8, Article 6, Article 7, Article 9, Article 12(7), 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 [two years after entry into force of this Regulation]. Article 5, Article 8, Article 10, Article 11, Article 12 (1 to 6 and 8) shall apply from [three years after entry into force of this Regulation].
Amendment 382 #
• registering, changing or closing a business (registration procedures and legal forms for carrying out business)
Amendment 386 #
Proposal for a regulation
Annex I –Areas of information related to businesses – table – area 1: Starting, running and closing a business – indent 8 a (new)
Annex I –Areas of information related to businesses – table – area 1: Starting, running and closing a business – indent 8 a (new)
• relocating a business
Amendment 388 #
Proposal for a regulation
Annex I –Areas of information related to businesses – table – area 3: Taxes - indent 3
Annex I –Areas of information related to businesses – table – area 3: Taxes - indent 3
• other taxes: payment, rates, tax returns
Amendment 389 #
Proposal for a regulation
ANNEX II – table
ANNEX II – table
Life events Procedures Expected output Birth Requesting a birth certificate Birth certificate Applying for a study grant Decision regarding the Studying from a public institution application for a grant Registering for social security Acknowledgement of receipt Working benefits Requesting recognition of Decision on the request for diploma recognition diploma recognition Recognition of professional Decision on the request for qualification recognition Declaring income taxes Confirmation of receipt of declaration 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 Claiming pension and pre- Decision regarding the claim Retiring retirement benefits from for a pension or pre-retirement public or semi-public schemes benefits Starting a General registration of and Confirmation of the business business activity, excluding notification requirements of completion of all steps procedures concerning the business activity, permissions necessary to start operating as constitution of companies or a business firms within the meaning of the second paragraph of Article 54 TFEU of business activity, changes a business of business activity and the termination of a business Starting a activity without insolvency or business liquidation procedures excluding procedures concerning the constitution of companies or firms within the meaning of the second paragraph of Article 54 TFEU VAT registration VAT registration number Registration for income tax Tax registration number 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 Registration and notification Confirmation of completion of posting of workers of all steps necessary to post a worker Notification of cessation of Confirmation of the receipt of activity subject to VAT the notification VAT returns Receipt of the VAT return Corporate/business tax Confirmation of the receipt of declaration the declaration