43 Amendments of Ioan-Rareş BOGDAN related to 2022/0379(COD)
Amendment 34 #
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to strengthen the development of cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, to allow public administrations in the Union to cooperate and make public services function across borders. The existing informal cooperation should be replaced with a clear legal framework to enable interoperability across different administrative levels and sectors and to ensure seamless cross-border data flows for truly European digital services. Public sector interoperability has an important impact on the right to free movement of goods and, services, capital and citizens laid down in the Treaties, as burdensome administrative procedures can create significant obstacles, especially for small and medium-sized enterprises (‘SMEs’).
Amendment 38 #
Proposal for a regulation
Recital 2
Recital 2
(2) Member States and the Union have been working for more than two decades to support the modernisation of administrations through digital transformation and foster the deep interconnections needed for a truly European digital space. The use of electronic data should be considered as an important strategic activity and policy to improve the public sector connection. The communication from the Commission ‘2030 Digital Compass: the European way for the Digital Decade’ (COM(2021) 118) underlines the need to speed up the digitalisation of public services by 2030, including by ensuring interoperability across all levels of government and across public services. Furthermore, the COVID- 19 pandemic increased the speed of digitalisation, pushing public administrations to adapt to the online paradigm, including for cross-border digital public services, as well as for the smarter and greener use of technologies in accordance with the climate and energy targets set in the European Green Deal and the Regulation (EU) 2021/1119 of the European Parliament and of the Council36. This Regulation aims to significantly contribute to these Union goals by creating a structured cooperation framework on cross-border interoperability amongst Member States and the Commission to support the setup of digital public services, helping to reduce cost and time for citizens, businesses and for the public sector itself. _________________ 36 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
Amendment 41 #
Proposal for a regulation
Recital 3
Recital 3
(3) The new governance structure should havallow local and regional authorities to have a fair say concerning the pace and degree of implementation in line with the principle of subsidiarity. This would give the governance structure a legal mandate to drive the further development of the European Interoperability Framework and other common interoperability solutions, such as specifications and applications. Local and regional authorities should not be expected to go beyond their means in terms of available funding because of tasks concerning interoperability implementation. Furthermore, this Regulation should establish a clear and easily recognisable label for some interoperability solutions. The creation of a vibrant community around open government technology solutions should be fostered.
Amendment 44 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In order to make the process sufficiently democratic and bottom up, citizens, business and SMEs of European Member States should have a say concerning priorities of interoperability solutions. To this end, in line with the objective of the Interoperable Europe Act, local and regional authorities may conduct direct consultations with citizens, business and SMEs once every two years, in order to survey which interoperability solutions citizens deem to be of priority. The European Commission shall allocate appropriate financial support for local and regional authorities to conduct such dialogues with their citizens. Local and regional authorities shall share the results of the consultations with the Interoperable Europe Board and the Interoperable Europe community.
Amendment 53 #
Proposal for a regulation
Recital 5
Recital 5
(5) Cross-border interoperability is not solely enabled via centralised Member State digital infrastructures, but also through a decentralised approach. This entails data exchange between local administrations in different Member States without necessarily going through national nodes. Therefore, it is necessary to develop common solutions across all administrative levels, particularly for specifications and applications. Needs for cross-border digital interactions are increasing, which requires solutions that can fulfil these needs. With this Regulation, the intention is to facilitate and encourage the exchange between all levels of administration and to contribute to government efficiency, and reduce administrative burdens and costs for citizens and businesses.
Amendment 55 #
Proposal for a regulation
Recital 5
Recital 5
(5) Cross-border interoperability is not solely enabled via centralised Member State digital infrastructures, but also through a decentralised approach. This entails a strong connection of trust between public administrations and a constant data exchange between local administrations in different Member States without necessarily going through national nodes. Therefore, it is necessary to develop common solutions across all administrative levels, particularly for specifications and applications. Needs for cross-border digital interactions are increasing, which requires solutions that can fulfil these needs. With this Regulation, the intention is to facilitate and encourage the exchange between all levels of administration.
Amendment 59 #
Proposal for a regulation
Recital 6
Recital 6
(6) Interoperability facilitates successful implementation of policies, in particular those with a strong public sector connection, such as justice and home affairs, taxation and customs, transport and energy, health, agriculture, employment, as well as in business and industry regulation. However, a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will give rise to new electronic barriers that impede the proper functioning of the internal market and the associated freedoms of movement. Furthermore, it risks undermining the openness and competitiveness of markets and the delivery of services of general interest to businesses and citizens. Therefore, this Regulation should also facilitate, encourage and apply to cross- sector interoperability.
Amendment 63 #
Proposal for a regulation
Recital 8
Recital 8
(8) To set up cross-border interoperable public services, it is important to focus on the interoperability aspect as early as possible in the policymaking process. Therefore, the public organisation that intends to set up a new or to modify an existing network and information system that is likely result in high impacts on the cross-border interoperability, should carry out an interoperability assessment. This assessment is necessary to understand the magnitude of impact of the planned action and to propose measures to reap up the benefits and address potential costs. The interoperability assessment should be mandatory in three cases, which are in scope for cross-border interoperability. In In order to ensure the smooth implementation of the interoperability assessment, the Interoperable Europe Board should publish specific guidelines on which services are covered by the directive. The interoperability assessment should be mandatory in three cases, which are in scope for cross-border interoperability. In cases where an interoperability assessment is mandatory, the Commission shall ensure that the resources for the additional costs incurred are made available to local and regional authorities. In other situations, the public organisations may decide to carry out the interoperability assessment on a voluntary basis.
Amendment 77 #
Proposal for a regulation
Recital 22
Recital 22
(22) At the moment, the Union’s public services delivered or managed electronically depend in many cases on non-Union providers. It is in the Union’s strategic interest to ensure that it retains and develops essential technological capacities to secure its Digital Single Market, and in particular to ensure service delivery, protect critical network and information systems, and to provide key services. The Interoperable Europe support measures should help public administrations to evolve and be capable of incorporating new challenges and new areas in cross-border contexts. Interoperability between data processing services is a condition for avoiding technological lock-in, saving development cost, enabling technical developments, and fostering innovation, which should boost the global competitiveness of the Union. It is also necessary to facilitate the in- parallel use of multiple data processing services with complementary functionalities. This is important, inter alia, for the successful deployment of ‘multi-cloud’ strategies, which allow customers to implement future-proof IT strategies and which decrease dependence on individual providers of data processing services.
Amendment 79 #
Proposal for a regulation
Recital 24
Recital 24
(24) All levels of government should cooperate with innovative organisations, be it companies or non-profit entities, in design, development and operation of public services. Supporting GovTech cooperation between public sector bodies, Universities and start-ups and innovative SMEs, or cooperation mainly involving civil society organisations (‘CivicTech’), is an effective means of supporting public sector innovation and promoting use of interoperability tools across private and public sector partners. Supporting an open GovTech ecosystem in the Union that brings together public and private actors across borders and involves different levels of government should allow to develop innovative initiatives aimed at the design and deployment of GovTech interoperability solutions.
Amendment 83 #
Proposal for a regulation
Recital 28
Recital 28
(28) It is necessary to enhance a good understanding of interoperability issues, especially among public sector employees. Continuous training is key in this respect and cooperation and coordination on the topic should be encouraged. Beyond trainings on Interoperable Europe solutions, all initiatives should, where appropriate, build on, or be accompanied by, the sharing of experience and solutions and the exchange and promotion of best practices. Moreover, in order to have high skilled specialists in this field, the Commission shall ensure the financial support through measures such as: investing in digital education, research and development, through continuous lifelong learing training, supporting digital innovations, providing increased and broader access to easily readable and interoperable high quality industrial and public data, increasing the general availability of digital skills at local and regional level;
Amendment 85 #
Proposal for a regulation
Recital 32
Recital 32
(32) Advancing public sector interoperability needs the active involvement and commitment of experts, practitioners, users and the interested public across Member States, across all levels of government, national, regional and local and involving international partners, Universities and the private sector. In order to tap into their expertise, skills and creativity, a dedicated open forum (the ‘Interoperable Europe Community’) should help channel feedback, user and operational needs, identify areas for further development and help scope priorities for EU interoperability cooperation. The establishment of the Interoperable Europe Community should support the coordination and cooperation between the strategic and operational key players for interoperability.
Amendment 90 #
Proposal for a regulation
Recital 35
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 and digital infrastructure. 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 and digital infrastructure development and avoiding duplication.
Amendment 91 #
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) The future Interoperable Europe Agenda should be in line with the principles of the Digital Europe Programme, the central programme for digital in the MFF. It aims to accelerate economic recovery and drive the digital transformation of Europe and it is designed to fill the gap between research and deployment of digital technologies. It will bring the results of research to the market for the benefit of Europe's citizens and businesses, in particular small and medium-sized enterprises SMEs.
Amendment 92 #
Proposal for a regulation
Recital 35 b (new)
Recital 35 b (new)
(35b) Since the objective of this Regulation is to promote the cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, the Union should strengthen investments in a range of areas, including, supercomputing and data processing capacities, core artificial intelligence (AI) capacities such as data spaces and libraries of AI algorithms, cybersecurity, digital skills, expanding the best use of digital capacity in EU’s society and economy, support to the digitalisation of businesses and public administrations.
Amendment 93 #
Proposal for a regulation
Recital 35 c (new)
Recital 35 c (new)
Amendment 97 #
Proposal for a regulation
Recital 39
Recital 39
(39) The application of this Regulation should be deferred to threwelve months after the date of its entry into force in order to provide Member States and the institutions, bodies and agencies of the Union with sufficient time to prepare for the application of this Regulation. Such time is necessary to establish the Interoperable Europe Board and the Interoperable Europe Community and for the designation of national competent authorities and interoperability coordinators.
Amendment 100 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘cross-border services’ means data exchange between information systems of public sector bodies in different Member States and institutions, bodies, and agencies of the Union across national jurisdictions by means of dedicated functions and procedures across national jurisdictions in support of the provision of public services;
Amendment 101 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) ‘key public services’ means a key public service as defined in Article 2, point (8), of Decision (EU) 2022/2481;”
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘interoperability solution’ means a technical specification, including a standard, or another solution, includinga conceptual frameworks, a guidelines, and applications, a platform, portal or software describing legal, organisational, semantic or technical requirements to be fulfilled by a network and information system in order to enhance cross-border interoperability;
Amendment 109 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The national competent authorities and the interoperability coordinators shall provide the necessary support to carry out the interoperability assessment. The Commission may provide technical tools to support the assessment. The national competent authorities shall provide support in pre-assessing whether the intended operation falls within the scope of this Regulation.
Amendment 131 #
Proposal for a regulation
Article 8 – paragraph 1 – point e a (new)
Article 8 – paragraph 1 – point e a (new)
(ea) listing best practices and knowledge sharing of technical, operational, organizational or administrative guidelines supporting interoperability and competitiveness in the context of public procurement, information security, IT integration and data management;
Amendment 132 #
Proposal for a regulation
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) allowing citizens and, businesses and SMEs and the civil society organisations to provide feedback on the published content.
Amendment 134 #
(ca) financial support opportunities to assist the implementation of interoperability solutions.
Amendment 143 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Regulatory sandboxes shall be operated under the responsibility of the participating public sector bodies and, where the sandbox entails the processing of personal data by public sector bodies, under the supervision of other relevant national or sub-national authorities, or where the sandbox entails the processing of personal data by institutions, bodies, and agencies of the Union, under the responsibility of the European Data Protection Supervisor.
Amendment 144 #
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) facilitate cross-border cooperation between national, regional and local competent authorities and synergies in public service delivery;
Amendment 145 #
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(c) facilitate the development of an open European GovTech ecosystem, including cooperation with small and medium enterprises, Universities and start- ups;
Amendment 146 #
Proposal for a regulation
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
(d) enhance authorities’ understanding of the opportunities or barriers to cross- border interoperability of innovative interoperability solutions, including legal or infrastructure barriers;
Amendment 150 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The participating public sector bodies shall ensure that, to the extent the innovative interoperability solution involves the processing of personal data or otherwise falls under the supervisory remit of other national or sub-national authorities providing or supporting access to data, the national data protection authorities and those other national or sub- national authorities are associated to the operation of the regulatory sandbox. As appropriate, the participating public sector bodies may allow for the involvement in the regulatory sandbox of other actors within the GovTech ecosystem such as national or European standardisation organisations, notified bodies, research and experimentation labs, innovation hubs, and companies wishing to test innovative interoperability solutions. Cooperation may also be envisaged with third countries establishing mechanisms to support innovative interoperability solutions for the public sector.
Amendment 154 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Commission shall organise training courses on interoperability issues at Union level to enhance cooperation and the exchange of best practices between the staff of public sector bodies, institutions, bodies and agencies of the Union. The courses shall be announced on the Interoperable Europe portal. targeted at decision-makers and/or practitioners shall be announced into all official languages of the institutions of the Union on the Interoperable Europe portal and may comprise online information sessions, video tutorials and workshops, train-the- trainers materials and guidelines for on- the-job learning.
Amendment 158 #
Proposal for a regulation
Article 15 – paragraph 2 – point b – point i a (new)
Article 15 – paragraph 2 – point b – point i a (new)
(ia) the European Parliament;
Amendment 162 #
Proposal for a regulation
Article 15 – paragraph 2 – point b – point iii a (new)
Article 15 – paragraph 2 – point b – point iii a (new)
(iiia) the European Cybersecurity Competence Centre and Network;
Amendment 163 #
Proposal for a regulation
Article 15 – paragraph 2 – point b – point iii b (new)
Article 15 – paragraph 2 – point b – point iii b (new)
(iiib) the EU Cybersecurity Agency (ENISA).
Amendment 169 #
Proposal for a regulation
Article 15 – paragraph 4 – point b a (new)
Article 15 – paragraph 4 – point b a (new)
(ba) adopt guidelines on sharing the interoperability solutions reffered to in Article 4;
Amendment 175 #
Proposal for a regulation
Article 15 – paragraph 4 – point p
Article 15 – paragraph 4 – point p
(p) propose measures to collaborate with international bodies and Universities that could contribute to the development of the cross- border interoperability, especially international communities on open source solutions, open standards or specifications and other platforms without legal effects;
Amendment 176 #
Proposal for a regulation
Article 15 – paragraph 4 – point r
Article 15 – paragraph 4 – point r
(r) inform regularly and coordinate with the interoperability coordinators and the Interoperable Europe Community on matters concerning cross-border interoperability of network and information systems and on relevant EU-funded projects and networks.
Amendment 182 #
Proposal for a regulation
Article 16 – paragraph 4 – point c a (new)
Article 16 – paragraph 4 – point c a (new)
(ca) support public sector bodies, institutions, agencies or bodies of the Union in carrying out interoperability assessments.
Amendment 185 #
Proposal for a regulation
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
(f) coordinate and encourage the active involvement of a diverse range of national entities, including local and regional authorities, in the Interoperable Europe Community and their participation in policy implementation support projects as referred to in Article 9 and innovation measures referred to in Article 10;
Amendment 187 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The Member States shall ensure that the competent authority has adequate competencies and resources to carry out, in an effective and efficient manner, the tasks assigned to it. The Commission shall ensure that competent authorities of Member States receive appropriate funding and technical assistance to support the performance of related tasks.
Amendment 188 #
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) needs for the development of interoperability and infrastructure solutions;
Amendment 192 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Interoperable Europe Agenda shall not constitute financial obligations and further administrative burden. After its adoption, the Commission shall publish the Agenda on the Interoperable Europe portal.
Amendment 200 #
Proposal for a regulation
Article 21 – paragraph 1 – point c a (new)
Article 21 – paragraph 1 – point c a (new)
(ca) the additional costs incurred by the competent authorities as a result of their work on interoperability.
Amendment 202 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
It shall apply from [312 months after the date of entry into force of this Regulation].