Activities of Sandro GOZI related to 2022/0379(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act)
Amendments (35)
Amendment 27 #
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 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 and to further enhance Europe's digital sovereigntyby creating a structured cooperation framework on cross-border interoperability amongst Member States and the Commission to support the setup of digital public services. _________________ 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 30 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is in the interest of a coherent approach to public sector interoperability throughout the Union, of supporting the principle of good administration and, the free movement of personal and non- personal data within the Union and the creation of internal market of data, to align the rules as far as possible for all public sectors that are controllers or providers of network and information systems used to facilitate or manage public services. This objective includes the Commission and other institutions, bodies and agencies of the Union, as well as public sector bodies in the Member States across all levels of administration: national, regional and local. Agencies are playing an important role in collecting regulatory reporting data from Member States. Therefore, the interoperability of this data - should also be in scope of this Regulation.
Amendment 33 #
Proposal for a regulation
Recital 11
Recital 11
(11) The organisation should publish the outcome of the interoperability assessment on its website and share it with the Commission for publication on the Interoperable Europe portal. The publication of the outcome should not compromise intellectual property rights or trade secrets, and should be restricted where justified on the grounds of public order or security. The provisions of Union law governing the protection of personal data should be observed.
Amendment 34 #
Proposal for a regulation
Recital 20
Recital 20
(20) An Interoperable Europe portal should be established as an easy-to-access point of reference for interoperability assessments, solutions, knowledge and community. The portal should be established as a link to official sources but should also be open to input from the Interoperable Europe Community.
Amendment 35 #
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, to enhance Europe's digital sovereignty 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 is a condition for avoiding technological lock-in, enabling technical developments, and fostering innovation, which should boost the global competitiveness, resilience and strategic autonomy of the Union.
Amendment 36 #
Proposal for a regulation
Recital 24
Recital 24
(24) All levels of government should cooperate with innovative organisations, be it companies, in particular start-ups and SMEs or non-profit entities, in design, development and operation of public services. Supporting GovTech cooperation between public sector bodies 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 37 #
Proposal for a regulation
Recital 26
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, in particular start-ups and SMEs 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.
Amendment 40 #
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, expertise and solutions and the exchange and promotion of best practices.
Amendment 41 #
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 and involving international partners and the private sector, in particular start-ups and SMEs. 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 42 #
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. It should deliver a comprehensive overview and provide easily accessible and comparable information 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 set clear objectives and should introduce key performance indicators for measuring the achievements of those objectives.
Amendment 46 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation applies to public sector bodies of Member States and institutions, bodies and agencies of the Union that provide or manage network or information systems that enable public services to be delivered or managed electronically, including Government to Consumer (G2C), Government to Business (G2B) and Government to Government (G2G) interactions.
Amendment 48 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) 'public services' means services provided to Union citizens and businesses by public sector bodies including the areas of information in Annex I and the procedures in Annex II to Regulation (EU) No 2018/1724 of the European Parliament and of the Council;
Amendment 49 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Article 2 – paragraph 1 – point 9 b (new)
(9b) 'cross-border services' means public services that natural and legal persons access across different Member States or public services that are supported by data exchange between information systems, by means of dedicated functions and procedures across national jurisdictions;
Amendment 50 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Where a public sector body or an institution, an agency or body of the Union intends to set up a new or significantly modify an existing network and information system that enables public services to be delivered or managed electronically, it shall carry out an assessment of the impacts of the planned action on cross-border interoperability (‘interoperability assessment’) at least in the following cases:
Amendment 51 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Where the public sector body or the institution, body or agency of the Union concerned has already carried out an equivalent interoperability assessment, covering the same requirements, the obligation of this paragraph shall not apply. The public sector body or the institution, body or agency of the Union concerned may also carry out the interoperability assessment in other cases. where considered necessary and proportionate.
Amendment 52 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
The public sector body or the institution, body or agency of the Union concerned shall publish a report presenting the outcome of the interoperability assessment on its website. The report shall include an indication on the follow-up decision on whether the new network and information system will be set up or a modification to the existing ones will be introduced. The reports shall be shared electronically with the Commission. The Commission shall ensure the publication of these reports on the Interoperable Europe portal.
Amendment 53 #
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 mayshall provide technical tools to support the assessment.
Amendment 57 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Interoperable Europe Board shall adopt guidelines on the content of the interoperability assessment by ... at the latest [one year9 months after the entry into force of this Regulation], including practical check lists.
Amendment 58 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. To enable the reusing entity to manage the interoperability solution autonomously, the sharing entity shall specify the guarantees that will be provided to the reusing entity in terms of cooperation, support and maintenance, as well as the timeframe for providing such guarantees. Before adopting the interoperability solution, the reusing entity shall provide to the sharing entity an assessment of the solution covering its ability to manage autonomously the cybersecurity and the evolution of the reused interoperability solution.
Amendment 61 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Interoperable Europe Board shall develop a European Interoperability Framework (EIF)43and propose to the Commission to adopt it. The Commission may adopt the EIF. TWherethe Commission adopts the EIF, itshall publish the EIF in the Official Journal of the European Union. _________________ 43 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions European Interoperability Framework – Implementation Strategy, COM/2017/0134 final.
Amendment 62 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Interoperable Europe Board shall recommend interoperability solutions for the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union. When an interoperability solution is recommended by the Interoperable Europe Board, it shall carry the label ‘Interoperable Europe solution’ and shall be published on the Interoperable Europe portal. Where justified and necessary, the Interoperable Europe Board may withdraw such recommendations, remove the 'Interoperable Europe solution' label from the relevant interoperability solutions, and delete them from the Interoperable Europe portal.
Amendment 64 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The Commission shall provide a portal (‘the Interoperable Europe portal’) as a single point of entry for information related to cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union. The portal shall be electronically accessible to all citizens, including people with disabilities, and free of charge. The portal shall have at least the following functions:
Amendment 65 #
Proposal for a regulation
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
(e) fostering knowledge exchange between members of the Interoperable Europe Community, including start-ups and SMEs as set out in Article 16, such as providing a feedback system to express their views on measures proposed by the Interoperable Europe Board or express their interest to participate to actions related to the implementation of this Regulation;
Amendment 68 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) other recommended support measures, such as trainings, sharing of expertise or peer- reviews.
Amendment 73 #
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 authorities providing or supporting access to data, the national data protection authorities and those other 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, including start- ups and SMEs. Cooperation may also be envisaged with third countries establishing mechanisms to support innovative interoperability solutions for the public sector.
Amendment 80 #
Proposal for a regulation
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
(a) support the implementation of national interoperability frameworks and other relevant Union or national policies, strategies or guidelines;
Amendment 84 #
Proposal for a regulation
Article 16 – paragraph 4 – point a a (new)
Article 16 – paragraph 4 – point a a (new)
(aa) contribute to the development of interoperability solutions
Amendment 85 #
Proposal for a regulation
Article 16 – paragraph 4 – point c a (new)
Article 16 – paragraph 4 – point c a (new)
(ca) promote the use of interoperability standards and frameworks;
Amendment 86 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The Interoperable Europe Board shall organise at least once a year an online assembly of the Interoperable Europe Community.
Amendment 87 #
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) support public sector bodies within the Member State to set up or adapt their processes to do interoperability assessment referred to in Article 3 and ensure compliance;
Amendment 88 #
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) needs for the development of interoperability solutions and recommendations as to their application;
Amendment 90 #
Proposal for a regulation
Article 19 – paragraph 2 – point d a (new)
Article 19 – paragraph 2 – point d a (new)
(da) the main objectives of the Agenda and the key performance indicators for measuring the achievement of those objectives;
Amendment 91 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Interoperable Europe Agenda shall not constitute financial obligations. After its adoption, the Commission shall publish the Agenda on the Interoperable Europe portal and provide regular updates on its implementation.
Amendment 92 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Commission shall monitor the progress of the development of cross- border interoperable public services to be delivered or managed electronically in the Union, using specific metrics and indicators to measure their effectiveness, efficiency, and impact on citizens and businesses. The monitoring shall give priority to the reuse of existing international, Union and national monitoring data and to automated data collection.
Amendment 96 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. By ... at the latest [three years after the date of application of this Regulation], and every four years thereafter, the Commission shall present to the European Parliament and to the Council a report on the application of this Regulation, which shall include conclusions of the evaluation. The report shall specifically assess, and where necessary further recommendations. The report shall specifically assess: - the impact of proposed measures for ensuring cross-border interoperability on citizens and businesses, in particular start-ups and SMEs, in the Union, as well as the associated cost; - the mandatory use of interoperability assessment; - the added value of sharing interoperability solutions on the Interoperable Europe portal instead of sharing them only upon request; - the need for establishing mandatory interoperability solutions.;