19 Amendments of Marie DAUCHY related to 2022/0379(COD)
Amendment 31 #
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,useful 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 laid down in the Treaties, as burdensome administrative procedures can create significant obstacles, especially for small and medium-sized enterprises (‘SMEs’).
Amendment 33 #
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 Europeannational digital services that are compatible with each other. Public sector interoperability has an important impact on the right to free movement of goods and services laid down in the Treaties, as burdensome administrative procedures can create significant obstacles, especially for small and medium-sized enterprises (‘SMEs’).
Amendment 35 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
1a. Public services are a common good for the legal subjects of states. They are the result of sovereign public policy choices. The definition, implementation and operation of public services is therefore an essential and exclusive prerogative of the Member States. Cross- border interoperability is therefore implemented without prejudice to that prerogative and does not in any way imply harmonisation of Member States’ public services, nor any transfer of power to the European Union in this regard. It is however useful for public services that are freely defined, implemented and operated by the Member States to be compatible with each other so as to reduce the administrative burden on citizens.
Amendment 46 #
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 to respect the sovereignty of Member States with regard to public services, to supporting the principle of good administration and the free movement of personal and non- personal data within the Union, 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 48 #
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, as well as the protection and the free movement of personal and non- personal data within the Union, 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 54 #
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, but without prejudice to the Member States’ sovereign authority over the local public services concerned. 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 56 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
5a. Cross-border interoperability is implemented without prejudice to the Member States’ option to define, implement or operate new or existing public services. As a result, if a newly implemented public service or an existing public service that has been changed by a Member State cannot, because it is new or on account of its specific characteristics, interact with public services in other Member States, it is excluded from the scope of this Regulation.
Amendment 57 #
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, health, agriculture, 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 68 #
Proposal for a regulation
Recital 11
Recital 11
(11) The organisation should publish the outcome of the interoperability assessment on its website. The publication of the outcome should not compromise intellectual property rights or trade secrets,, trade secrets or states’ sovereignty with regard to public services 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 69 #
Proposal for a regulation
Recital 12
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. This is not automatically the case where it may prejudice public order, security, the continuity of the public service or its proper implementation or operation by the Member States. 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.
Amendment 71 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Interoperability solutions should only be shared among public administrations when they do not prejudice public order, security, the continuity of the public service or its proper implementation or operation by the Member States.
Amendment 99 #
Proposal for a regulation
Article premier – paragraph 2 a (new)
Article premier – paragraph 2 a (new)
2a. Any interoperability solution that has the effect of prejudicing the definition, implementation or operation of a public service or public service remit by a Member State shall be excluded from the scope of this Regulation.
Amendment 104 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 117 #
Proposal for a regulation
Article 3 – paragraph 6 a (new)
Article 3 – paragraph 6 a (new)
6a. The interoperability assessment shall be without prejudice to a public sector body or national institution’s capacity to put in place or operate public services and exercise a public service remit.
Amendment 118 #
Proposal for a regulation
Article 3 – paragraph 6 b (new)
Article 3 – paragraph 6 b (new)
Amendment 121 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii
Article 4 – paragraph 1 – point c – point ii
(ii) the protection of public order or defence interests, or public security.
Amendment 122 #
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) solutions which, if they are disclosed, could prejudice the definition, implementation or operation of a public service or public service remit.
Amendment 124 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Cost of interoperability solutions 1. Entities that share interoperability solutions within the meaning of Article 4 shall be entitled to seek financial compensation from reusing entities in order to offset the costs incurred in developing those solutions. 2. The compensation referred to in paragraph 1 shall be concluded by means of a contractual agreement between the solution-sharing and reusing entities.
Amendment 127 #
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 in the form of a non- binding legal act. The Commission shall 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.