BETA

Activities of Patrick BREYER related to 2022/0379(COD)

Shadow opinions (1)

2023/06/29
Committee: LIBE
Dossiers: 2022/0379(COD)
Documents: PDF(177 KB) DOC(161 KB)
Authors: [{'name': 'Cyrus ENGERER', 'mepid': 209091}]

Amendments (22)

Proposal for a regulation
Recital 12

(12) Public sector bodies or institutions, bodies or agencies of the Union that search for interoperability solutions should be able to request from other public sector bodies or institutions, bodies or agencies of the Union the software code those organisations use, together with the related documentation. Sharing should become a default among public sector bodies, and institutions, bodies and agencies of the Union while not sharing would need a legal justification. In addition, public sector bodies or institutions, bodies, or agencies of the Union should seek to develop new interoperability solutions or to further develop existing interoperability solutions, incentivising the public procurement of Free and Open Source solutions.

2023/05/30
Committee: LIBE

Proposal for a regulation
Recital 26

(26) Interoperable Europe support measures could benefit from safe spaces for experimentation, while ensuring responsible innovation and integration of appropriate risk mitigation measures and safeguards. To ensure a legal framework that is innovation-friendly, future-proof and resilient to disruption, it should be made possible to run such projects in regulatory sandboxes. Regulatory sandboxes should consist in controlled test environments that facilitate the development and testing of innovative solutions before such systems are integrated in the network and information systems of the public sector. The objectives of the regulatory sandboxes should be to foster interoperability through innovative solutions by establishing a controlled experimentation and testing environment with a view to ensure alignment of the solutions with this Regulation and other relevant Union law and Member States’ legislation, to enhance legal certainty for innovators and the competent authorities and to increase the understanding of the opportunities, emerging risks and the impacts of the new solutions. To ensure a uniform implementation across the Union and economies of scale, it is appropriate to establish common rules for the regulatory sandboxes’ implementation. The European Data Protection Supervisor may impose administrative fine to Union institutions and bodies in the context of regulatory sandboxes, according to Article 58(2)(i) of Regulation (EU) 2018/1725 of the European Parliament and of the Council.deleted

2023/05/30
Committee: LIBE

Proposal for a regulation
Recital 27

(27) It is necessary to provide a legal basis for the use of personal data collected for other purposes in order to develop certain interoperability solutions in the public interest within the regulatory sandbox, in accordance with Article 6(4) of Regulation (EU) 2016/679 of the European Parliament and of the Council, and Article 6 of Regulation (EU) 2018/1725 of the European Parliament and of the Council. The Regulation aims only at establishing a legal basis for the processing of personal data in the context of the regulatory sandbox as such. Any other processing of personal data falling within the scope of this Regulation would require a separate legal basis.deleted

2023/05/30
Committee: LIBE

Proposal for a regulation
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. This should contribute to creating synergies and coordinating financial support related to interoperability development and avoiding duplication. The Interoperable Europe Agenda should also include clear objectives and key performance indicators on the use of Free and Open Source software among public administrations, in order to enhance a proper measurement of progress and achievement of those objectives.

2023/05/30
Committee: LIBE

Proposal for a regulation
Recital 37

(37) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to set out rules and the conditions for the establishment and the operation of the regulatory sandboxes.deleted

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 4 – point b a (new)

(ba) a list of the open standards and common technical specifications that will be used;

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 4 – point b b (new)

(bb) a list of the potentially re-usable solutions that have been created, or the use of such existing solutions;

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 4 – point b c (new)

(bc) the technical documentation, version history and, where applicable, the documented source code of the intended network and information system;

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 5

5. The public sector body, or institution, body or agency of the Union concerned shall consult recipients of the services affected or their representatives on the intended operation if it directly affects the recipients. This consultation is without prejudice to the protection of ~~commercial or~~ public interests or the security of such systems.

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 5 a (new)

5a. In order to support the creation of reusable solutions, the public sector body or an institution, body or agency of the Union shall prioritise public procurement of Free and Open Source software solutions, or other solutions that do not carry restrictive licensing terms and allow sharing and reuse. The European Comission shall provide support in identifying, developing and deploying such solutions, as provided for in article 9.

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 4

~~4. In order to reinforce the policy implementation support project, the Interoperable Europe Board may propose to establish a regulatory sandbox as referred to in Article 11.~~deleted

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 3

~~3. In order to support the development of innovation measures, the Interoperable Europe Board may propose to set up a regulatory sandbox.~~deleted

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 11

~~[...]~~deleted

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 12

~~[...]~~deleted

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 13 – paragraph 1

1. The Commission, assisted by the Interoperable Europe Board, shall provide training material on the use of the EIF and on Interoperable Europe solutions such as Free and Open Source solutions. Public sector bodies and institutions, bodies and agencies of the Union shall provide their staff entrusted with strategical or operational tasks having an impact on network and information systems in the Union with appropriate training programmes concerning interoperability issues.

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1

The Board shall be chaired by the Commission. Countries participating in the European Economic Area ~~and~~, candidate countries and representatives of the Free and Open Source community may be invited as observers. In addition, the Chair may give the status of observer to individuals and organisations after consultation with the Interoperable Europe Board. The Chair may invite to participate, on an ad hoc basis, experts with specific competence in a subject on the agenda. The Commission shall provide the secretariat of the Interoperable Europe Board.

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 4 – point k

(k) review reports from innovation measures, on the use of the ~~regulatory sandbox and on the~~ peer reviews and propose follow-up measures, if necessary;

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 4 – point l a (new)

(la) propose measures to support the public administrations in development and deployment of interoperability solutions, including direct support for developers of Free and Open Source software that meets the EIF requirements;

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 4 – point r a (new)

(ra) monitor the development and procurement of Free and Open Source interoperable solutions in the public sector. Such monitoring reports shall be published on the Interoperable Europe portal.

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 4 – point r b (new)

(rb) provide guidance and support to Member States in establishing a common and harmonised European cross-border procurement for Free and Open Source interoperable solutions.

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 16 – paragraph 2

2. Public and private stakeholders 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. Registration and membership shall be free of charges and fees. In order to promote participation, the Commision shall establish support programs for individuals, civil society, academia, small bussinesses and local administrations.

2023/05/30
Committee: LIBE

Proposal for a regulation
Article 19 – paragraph 2 – point d a (new)

(da) clear objectives and key performance indicators on the use of Free and Open Source software among public administrations in order to enhance a proper measurement of progress and achievement of those objectives.

2023/05/30
Committee: LIBE