11 Amendments of Virginie ROZIÈRE related to 2017/0086(COD)
Amendment 161 #
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 the exchange of evidence directly between the competent authorities concerned from different Member States, at the request of citizens and businessesactors involved in the procedure and across Member States, at the explicit request of citizens and businesses. Where the exchange of evidence includes the processing personal data, the request should be considered as explicit if it contains a freely given, specific, informed and unambiguous indication of the individual’s wish to have the relevant personal data exchanged, either by statement or by clear affirmative action. If the user is not the data subject, the online procedure should not affect his or her rights under Regulation (EU) 2016/679. The “'once-only' principle means that citizens and businesses should not have to supply the same informationdata to public authorities more than once for the cross-border exchange of evidenceonline procedures. Any exchange of evidence should have an appropriate separate legal basis for the technical system, such as in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU or for the procedures listed in Annex II, other applicable Union acts or national law. Where the exchange of evidence in accordance with these legal bases includes the processing of personal data, such processing shall be performed in accordance with Regulations (EU) 2016/679 and (EC) No 45/2001.
Amendment 168 #
Proposal for a regulation
Recital 30
Recital 30
(30) Such a system should be available in addition to other systems providing mechanisms for cooperation between authorities, such as IMI or [e-Services Card] and should not affect other systems, including the system foreseen in Article 4 of Regulation (EC) No 987/2009, the European Single Procurement Document under Directive (EU) 2014/24 of the European Parliament and of the Council33 , the Electronic Exchange of Social Security Information (EESSI), the interconnection of national registers, the interconnection of central, commercial and company registers under Directive 2009/101/EC of the European Parliament and of the Council34 and of insolvency registers under Regulation (EU) 2015/848 of the European Parliament and of the Council35 . _________________ 33 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65–242). 34 Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent (OJ L 258, 1.10.2009, p. 11– 19). 35 Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19–72).
Amendment 171 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) With a view to ensuring a high level of security of the technical system for the cross-border application of the ‘once-only’ principle, when adopting implementing acts setting out the specification for such a technical system, the Commission should take due account of the standards and technical specifications drawn up by European and international standardisation organisations and bodies, in particular the European Committee for Standardisation (CEN), the European Telecommunications Standards Institute (ETSI), the International Organisation for Standardisation (ISO) and the International Telecommunication Union (ITU), in accordance with Article 32 of Regulation (EU) 2016/679 and Article 22 of Regulation (EC) No 45/2001 of the European Parliament and of the Council.
Amendment 172 #
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 supervise compliance with the quality criteria at national and Union level respectively, and address any problems that arise. In order to obtain adequate information for measuring the performance of the single digital gateway and to obtain the fullest possible overview of compliance with the quality criteria, the national coordinators should consult with all relevant national stakeholders and social partners. 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 187 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. Where the provisions of this Regulation conflict with a provision of another Union act governing specific aspects of the subject matter covered by this Regulation, the provision of the other Union act shall prevail.
Amendment 188 #
Proposal for a regulation
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
1b. This Regulation shall not affect the substance of nor the rights granted through any procedure laid down at the Union or national level in any of the areas covered by this Regulation.
Amendment 271 #
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 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. The technical system shall ensure the interoperability with the national systems. The Commission shall not process personal data in the framework of the technical system.
Amendment 273 #
Proposal for a regulation
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
(d) it shall ensure the confidentiality and integrity of the evidence;able the user to preview the evidence to be processed by the requesting authority; this preview shall be without prejudice to the information to be provided in accordance with Articles 13 and 14 of Regulation (EU) 2016/679.
Amendment 282 #
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 toin accordance with paragraph 2(d), make such evidence available through the same system. Where the consent of the user is necessary, Article 7 of Regulation (EU) 2016/679 and Regulation (EU) No 45/2001 shall apply. If the user is not the data subject, the online procedure shall not affect his or her rights under Regulation (EU) 2016/679.
Amendment 331 #
Proposal for a regulation
Article 24 – paragraph 1 – point a a (new)
Article 24 – paragraph 1 – point a a (new)
(aa) consult with all relevant national stakeholders and social partners;
Amendment 352 #
Proposal for a regulation
Annex III – point 7 a (new)
Annex III – point 7 a (new)
(7a) European Consumer Centres Network