47 Amendments of Kaja KALLAS related to 2017/0086(COD)
Amendment 135 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order for Union citizens and businesses to enjoy their right to free movement within the internal market, the Union should adopt specific measures allowing citizens and businesses to have easy access to comprehensive and reliable information about their rights created by Union law and to information about the applicable national rules and procedures with which they will need to comply where they move to, live or study or where they establish or carry out a business in another Member State other than their own. The information to be provided at national level through one single national portal that should link to all relevant national webpages should not only concern national rules implementing Union law, but also any other national rules that are applicable to national citizens and businesses from other Member States alike.
Amendment 138 #
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 for the purpose of the exchange of evidence between competent authorities in different Member States, whereby citizens and businesses should not be required to submit the same information twice, but rather competent authorities should take action to share this information internally, in full compliance with Regulation (EU) 2016/679.
Amendment 147 #
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 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 lifecycle. 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. It is also appropriate for procedures related to taxation matters to be made available online as these procedures tend to represent one of the main obstacles to the cross-border operation of small and medium-sized enterprises in the Union.
Amendment 154 #
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 and should be clearly stated in the annexes to this Regulation.
Amendment 159 #
Proposal for a regulation
Recital 25
Recital 25
(25) Compliance with a minimum list of quality requirements is an essential element for the success of the single digital gateway in order to ensure that the provision of information or services is reliable as otherwise it would seriously undermine the credibility of the gateway as a whole. The accessibility of information for cross- border users can be substantially improved where the information is available not only in the national language of a Member State but also in, at least, one additional official EU language of the Union in addition to English. The translations from the national language or languages into thisese other official languages of the Union should accurately reflect the content of the information provided in the national language or languages.
Amendment 162 #
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, atincluding upon the 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 and this principle implies that competent authorities should share evidence internally. As citizens and businesses in most cases would not be aware that the cross-border exchange of evidence can be enabled upon request, it should be explicitly prohibited for competent authorities to request evidence that has already been collected and stored in a database. The 'once only' principle should be implemented in full compliance with Regulation (EU) 2016/679, in particular on the basis of the user's consent, and with the principles of privacy and security by design. The user should in addition be able to access at any time the evidence as well as the information about the time, origin and purpose of a request to access such evidence.
Amendment 170 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure uniform conditions for the implementation of a technical system allowing for the exchange of evidence, implementing powers should be conferred on the Commission to detail, in particular technical specifications of a system for processing of the request from the user for evidence to be exchanged, transfer of such evidence, measures necessary to ensure integrity and confidentiality of the transfer, including the proof of identity of the persons involved in the transfer. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council36 . _________________ 36 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13–18).
Amendment 173 #
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. The national coordinators should in addition supervise and monitor the functioning of the technical system enabling the cross- border exchange of evidence. 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 177 #
Proposal for a regulation
Recital 35
Recital 35
(35) In order 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. Those data should be made available to the public as open data in an aggregated and anonymous way. In order to lay down the detailed categories of data to be recorded and the method of recording and exchange of data, 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 199 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4a) 'once only principle' means the principle according to which citizens and businesses are required to supply certain standard information only once, and for that purpose competent authorities are required to take action by internally sharing this data;
Amendment 200 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that users have easy, online access to a single national portal that shall link to the following on their national webpages:
Amendment 203 #
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) a link to the single portal referred to in Article 2(1).
Amendment 217 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 221 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States and the Commission shall ensure that users have easy, online access to assistance or problem solving services referred to in Article 2(2)(c) through their single national portal and the single portal referred to in Article 2(1).
Amendment 227 #
Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) it is user-centric meaning that the information is provided taking due account of the efficient, easy and user- friendly ways users can find all the relevant information;
Amendment 230 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) it includes contact details, including at least a phone number, an email address or a chat function, and links to any relevant assistance and problem solving services;
Amendment 233 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The competent authorities shall provide the information in English and at least one other official language of the Union in addition to the national language or, where applicable, the national languages.
Amendment 235 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The competent authorities and the Commission shall, for the purposes of complying with Article 4, ensure that users have access to a clear and user-friendly explanation of the following elements of the procedures referred to in Article 2(2)(b) before having to authenticate and identify themselves prior to launching the procedure:
Amendment 238 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the accepted means of authentication, identification and signature for this procedure in accordance with Regulation (EU) No 910/2014;
Amendment 245 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The competent authorities shall provide the explanation referred to in paragraph 1 in English and at least one further official language of the Union in addition to the national the national language or, where applicable, the national languages.
Amendment 248 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) the name and contact details ofincluding at least a phone number, an email address or a chat function, of the entities responsible for the service;
Amendment 252 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The competent authorities shall provide the explanation referred to in paragraph 1 in English and at least one further official language of the Union in addition to the national language or, where applicable, the national languages.
Amendment 258 #
Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(ba) users are able to identify themselves, sign and authenticate documents using electronic identification and authentication means, as provided for under Regulation (EU) No 910/2014, where identification and signature are required;
Amendment 262 #
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, in addition to English;
Amendment 266 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) users are not restricted by form fields that only accept data in particular national formats and national prefixes for phone numbers;
Amendment 267 #
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) users are able to provide evidence of compliance with applicable requirements in electronic format; in order to be able to provide such evidence of compliance, cross-border users shall be entitled to receive that evidence from the relevant competent authority in electronic format;
Amendment 268 #
Proposal for a regulation
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) where the completion of a procedure requires a payment, users are able to pay any fees online through cross- border payment services, including, at a minimum, credit transfers or direct debits as specified in Regulation (EU) No 260/2012 of the European Parliament and of the Council40 and in accordance with Regulation (EU) No xxx on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market. _________________ 40 Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22–37).
Amendment 275 #
Proposal for a regulation
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) it shall ensure thatable the user has the possibility to previewto access at any time the evidence sto be exchangedred by a Member State and the time, origin and purpose of requests for access to evidence.
Amendment 284 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. TCompetent authorities shall not collect data from users that has already been collected by another competent authority as part of a request for evidence. Therefore the competent authorities responsible for online procedures referred to in paragraph 1 shall, upon an explicitincluding upon 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.
Amendment 288 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The evidence made available by ato the requesting 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. When the consent of the user is required for the processing of personal data, that consent shall be obtained in accordance with Regulations (EU) 2016/679 and (EU) No 45/2001.
Amendment 291 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. TBy ... [one year after the entry into force of this Regulation], the Commission shall adopt implementing acts to set out the technical, organisational and operational specifications of the technical system necessary for the implementation of this Article. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 34(2).
Amendment 292 #
Proposal for a regulation
Article 12 – paragraph 8 a (new)
Article 12 – paragraph 8 a (new)
8a. The technical system shall be supervised and monitored by the national coordinators, in consultation, where necessary, with the European Data Protection Board.
Amendment 293 #
Proposal for a regulation
Article 12 – paragraph 8 b (new)
Article 12 – paragraph 8 b (new)
8b. The Commission shall be responsible for the development, availability, maintenance, security management, monitoring and hosting of the technical system, as well as for the definition of the trust model and the member management of the technical system, in cooperation with the Member States.
Amendment 309 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. The Commission shall ensure that the public procurement procedures for the development of the IT applications and webpages referred to in paragraph 1 take due account of the innovation criteria and the need for open standards to facilitate the reuse and interoperability of these IT solutions.
Amendment 310 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Competent authorities shall be responsible for the development, availability, maintenance and security of IT applications related to the single national portal including the webpages they are managing and which are linked to the common user interface.
Amendment 322 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The competent authorities and the Commission shall ensure that the gateway is easily findable through the related portals for which they are responsible and that clear links to the gateway are included on the single national portals of the Member States and in all relevant websites.
Amendment 324 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The competent authorities and the Commission shall ensure that statistics are collected in relation to users’ visits on the gateway and the webpages to which the gateway links in a standardised, aggregated and anonymous format that shall be made available to the public as open data, in order to improve the functionality of the gateway.
Amendment 325 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The competent authorities and the Commission shall record and exchange, in an aggregated way, the numbers, the origin and the subject matter of requests for assistance and problem solving services and their response times, and shall make that information available to the public as open data.
Amendment 326 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 34 concerning the detailed categories of data to be recorded in accordance with paragraph 2, in relation to the information, procedures and assistance and problem solving services to which the gateway links and concerning the standardised format for data collection in accordance with paragraph 1.
Amendment 332 #
Proposal for a regulation
Article 24 – paragraph 1 – point d a (new)
Article 24 – paragraph 1 – point d a (new)
(da) supervise and monitor the technical system enabling the cross- border exchange of evidence.
Amendment 334 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) facilitate the exchange and regular updating of best practice, with the aim of promoting, in particular, the uptake of fully online procedures and online means of authentication, identification and signatures, as provided for in Regulation (EU) 910/2014;
Amendment 335 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) discuss improvements to the user- centric presentation of information within the areas listed in Annex I, in particular on the basis of statistics collected in accordance with Article 21;
Amendment 336 #
Proposal for a regulation
Article 26 – paragraph 1 – point h a (new)
Article 26 – paragraph 1 – point h a (new)
(ha) provide opinions on procedures or organisational measures to facilitate the application of the principles of security by design and privacy by design;
Amendment 337 #
Proposal for a regulation
Article 26 – paragraph 1 – point i a (new)
Article 26 – paragraph 1 – point i a (new)
(ia) develop a peer review process to ensure convergence between Member States in relation to the implementation of this Regulation;
Amendment 364 #
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)
• information related to social security and insurance, including possibility to order the European Health Insurance Card
Amendment 387 #
Proposal for a regulation
Annex I –Areas of information related to businesses – table – area 3: Taxes - indent 2 a (new)
Annex I –Areas of information related to businesses – table – area 3: Taxes - indent 2 a (new)
• customs duty and other taxes and duties collected on imports, import customs procedures, export customs procedures
Amendment 390 #
Proposal for a regulation
ANNEX II – table
ANNEX II – table