Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | MIZZI Marlene ( S&D) | KARAS Othmar ( PPE), MOBARIK Baroness Nosheena ( ECR), CHARANZOVÁ Dita ( ALDE), REDA Felix ( Verts/ALE), PRETZELL Marcus ( ENF) |
Committee Opinion | ITRE | ||
Committee Opinion | LIBE | ||
Committee Legal Basis Opinion | JURI | VOSS Axel ( PPE) |
Lead committee dossier:
Legal Basis:
TFEU 021-p2, TFEU 048, TFEU 114-p1
Legal Basis:
TFEU 021-p2, TFEU 048, TFEU 114-p1Subjects
Events
PURPOSE: to establish a single digital gateway to ensure that citizens and businesses have easy online access to the information, procedures and assistance and problem solving services they need for the exercise of their rights in the internal market.
LEGISLATIVE ACT: Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012.
CONTENT: the Regulation establishes a single digital gateway which shall enable EU citizens and businesses to access all the information necessary to exercise their right to free movement within the Union.
On several occasions, the European Parliament and the Council have called for a more comprehensive and user-friendly offer for information and assistance to help citizens and businesses orient themselves in the internal market.
Purposes of the single digital portal
The single digital gateway (‘the gateway’) shall be established by the Commission and the Member States in accordance with this Regulation. The gateway shall consist of a common user interface managed by the Commission (‘the common user interface’), which shall be integrated into the Your Europe portal and shall give access to relevant Union and national webpages.
The gateway shall act as the single entry point through which citizens and businesses are able to access information about the rules and requirements that they have to comply with, by virtue of Union or national law. It shall contribute to the greater transparency of rules and regulations relating to different business and life events, in areas such as travel, retirement, education, employment, healthcare, consumer rights and family rights.
Furthermore, it shall facilitate interactions between citizens and businesses, on the one hand, and competent authorities, on the other hand, by providing access to online solutions, facilitating the day-to-day activities of citizens and businesses and minimising the obstacles encountered in the internal market.
Procedures to be offered fully online
The main principle of the portal is that any procedure available to nationals of a given Member State shall be equally accessible to those of other Member States.
Some basic administrative procedures shall be available online for both nationals and cross-border users, such as: (i) applying for a certificate of birth registration or proof of residence, (ii) applying for proof of residence, (ii) applying for loans and study grants, (iv) applying for recognition of training qualifications, (v) obtaining a European Health Insurance Card, (vi) submitting an income tax return, (vii) registering a vehicle, (viii) applying for a pension and registering employees with pension and insurance schemes.
Once-only principle
The new portal shall help to reduce the administrative burden on citizens and businesses wishing to exercise their rights. It shall facilitate the use of online procedures, including by users from other Member States, and shall facilitate the exchange of supporting documents for the procedures listed in Annex II to the Regulation by applying the 'once-only' principle, which aims at ensuring that citizens and business are requested to supply the same information only once to a public administration.
The Regulation shall fully respect the fundamental right to the protection of personal data for the purpose of exchanging supporting documents between competent authorities of different Member States.
Quality requirements
In order to ensure that the single digital portal meets users' needs, the Regulation sets standards for the quality of information. To be readable, the single digital portal shall provide clear, accurate and up-to-date information, the use of complex terminology shall be minimised and the use of acronyms shall be limited to those which provide simplified and easily understandable terms that do not require a pre-existing knowledge of the issue or area of law.
The national and EU web pages falling within the scope of the Regulation shall also have to be accessible to persons with disabilities.
The Commission shall ensure that the common user interface complies with those requirements, and the interface should in particular be available and accessible online through various channels, as well as being easy to use.
ENTRY INTO FORCE: 11.12.2018
The European Parliament adopted by 539 votes to 61 with 17 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/2012.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Aims : the Regulation shall establish a user-friendly, interactive gateway which, based on users' needs, should guide them to the most appropriate services. In that context, the Commission and Member States should play an important role in achieving those objectives.
The gateway shall contribute to the greater transparency of rules and regulations relating to different business and life events, in areas such as travel, retirement, education, employment, healthcare, consumer rights and family rights. Furthermore, it shall help improve consumers' confidence, address the lack of knowledge about consumer protection and internal market rules and reduce compliance costs for businesses.
The gateway set up by the Commission and the Member States shall include a common user interface integrated into the existing Your Europe portal , to be managed by the Commission. The gateway shall provide access and links to relevant national and Union websites and webpages.
The gateway shall be easily findable through the related portals for which they are responsible and that clear links to the gateway are included through search facilities accessible to the public and in all relevant websites and webpages at Union and national level.
The logo of the gateway and a link to the gateway shall be made visible and available on the relevant Union-level and national-level websites that are connected to the gateway.
Once-only principle and data protection : the Regulation shall facilitate the use of online procedures, including by users from other Member States, and facilitate the exchange of supporting documents for the procedures listed in Annex II to the proposed Regulation and for the procedures provided for in Directives 2005/36/EC , 2006/123/EC , 2014/24/EU and 2014/25/EU by applying the ‘once-only’ principle which aims at ensuring that citizens and business are requested to supply the same information only once to a public administration, which can then be re-used.
The Regulation shall fully respect the fundamental right to the protection of personal data, for the purpose of the exchange of evidence between competent authorities in different Member States.
Procedures to be offered fully online : each Member State shall ensure that users can access and complete any of the procedures listed in Annex II fully online, provided that the relevant procedure has been established in the Member State concerned.
Annex II shall cover, inter alia , the application for a certificate of registration of a birth, the application for proof of residence, the submission of a first application for admission to a higher education institution, an application for academic recognition of diplomas, a European Health Insurance Card (EHIC), a confirmation of receipt of the income or corporation tax return or a proof of registration of a motor vehicle.
Quality requirements : in order to ensure that the single digital portal meets the needs of users, Parliament has proposed to establish standards for the quality of information . Thus, the information shall: (i) be user-friendly, (ii) enable users to easily find and understand the information, (iii) be accurate and sufficiently comprehensive, (iv) mention the name of the competent authority responsible for its content, (v) be accessible in an official language of the Union that is broadly understood by the largest possible number of cross-border users.
In addition, in the event of a deterioration in the quality of the information , procedures and assistance and problem-solving services provided by the competent authorities, the Commission may: (i) inform the national coordinator concerned and request remedial action; (ii) submit for discussion within the coordination group of the portal recommended actions to improve compliance with quality requirements; (iii) temporarily disconnect the information, procedures or services providing assistance or problem-solving from the gateway.
Translation of information : where a Member State does not provide the information, explanations and instructions, in an official language of the Union broadly understood by the largest possible number of cross-border users, that Member State shall request the Commission to provide translations into that language, within the limits of the available Union budget. Translation may be limited to the information that users need in order to understand the basic rules and requirements that apply to their situation.
Cross-border access to online procedures : the amended text ensures that, if Member States provide certain procedures to their nationals, they should also provide them in a non-discriminatory manner to cross-border users so that they can exercise their rights in the internal market deriving from Union law and comply with these obligations and rules.
Entry into force : municipal authorities shall have a maximum of 4 years from the entry into force of the Regulation to implement the requirement to provide information on rules, procedures and services for assistance and problem solving under their responsibility.
The provisions of the Regulation relating to procedures to be offered in full online, cross-border access to online procedures and the technical system for the automated cross-border exchange of supporting documents in accordance with the 'once only' principle shall be implemented at the latest 5 years after the entry into force of the Regulation.
OPINION of the European Data Protection Supervisor (EDPS) on the proposal for a Regulation establishing a single digital gateway and on the ‘once-only’ principle.
In this opinion, formulated at the request of the Commission and the Parliament, the EDPS welcomed the Commission’s proposal to modernise administrative services and appreciated the fact that the latter is concerned about the impact of the proposal on the protection of personal data.
As a reminder, the proposal aims to facilitate citizens' and businesses' cross-border activities by offering them user-friendly access, through a single digital gateway, to information, procedures and assistance and problem-solving services they need for exercising their internal market rights.
It is among one of the first EU instruments that explicitly refers to and implements the ‘once-only’ principle and implements it.
The EDPS takes this opportunity to give an introductory overview of the key issues related to the ‘once-only’ principle in general. These issues concern, in particular, the legal basis for the processing; the purpose limitation; data subject rights. Of the three gateway services listed above, this opinion focused on ‘ access to procedures ’ and in particular, the provisions relating to the ‘ cross-border exchange of evidence between competent authorities’ .
The EDPS stressed that in order to ensure successful implementation of EU-wide ‘once-only’, and enable lawful cross-border exchange of data, once-only must be implemented in line with relevant data protection principles.
With regard to the proposal itself, the EDPS supported the following points:
Legal basis of the processing , the EDPS recommended that one or more recitals be added to clarify that:
the proposal itself does not provide a legal basis for exchanging evidence, and that any exchange of evidence must have an appropriate legal basis; the proposal itself does not provide a legal basis for the use of the technical system for exchanging information for purposes other than those provided for in the four directives listed or otherwise foreseen under applicable EU or national law; the proposal is not intended to restrict the principle of purpose limitation under the General Data Protection Regulation ( GDPR ); that users have the right to object to the processing of their personal data in the technical system, pursuant to the GDPR.
Explicit request of the user before any transfer of evidence between competent authorities : the EDPS recommended that the proposal clarifies (preferably in a substantive provision):
what makes the request ‘explicit’ and how specific the request must be; whether the request can be submitted via the technical system; what are the consequences if the user chooses not to make an ‘explicit request’, and whether such request can be withdrawn.
Preview of the data to be exchanged : the proposal should clarify:
the choices for the user who avails herself of the possibility to ‘preview’ the data to be exchanged; that the user is offered a possibility of preview in a timely manner before the evidence is made accessible to the recipient; and can withdraw the request for the exchange of the evidence.
Lastly, as regards the amendments to the Regulation on administrative cooperation through the Internal Market Information System (IMI), the EDPS recommended adding the GDPR to the Annex of the IMI Regulation to allow the potential use of IMI for the purposes of data protection.
PURPOSE: to establish a single digital gateway to ensure that citizens and businesses have easy online access to the information, procedures and assistance and problem solving services they need for the exercise of their rights in the internal market.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the Single Market is one of Europe’s key achievements making it possible for people, goods, services and capital to move more freely. However, significant obstacles exist for both citizens and businesses interested in moving to, selling products or providing services in another EU country. Finding relevant, accurate and understandable information online is crucial for those willing to use the advantages of the Single Market, but often remains complicated.
The European Parliament and the Council have repeatedly called for a more comprehensive, more user friendly package of information and assistance to help businesses navigate the single market and to strengthen and streamline single market tools in order to better meet the needs of citizens and businesses in their cross-border activities.
Against the background of the Services Directive , the Digital Single Market and the e-Government action plan , the proposal builds on these existing services with a view to further improving the functioning of the Single Market for all EU citizens and businesses.
IMPACT ASSESSMENT: the chosen option is the EU-coordinated approach which leaves Member States free as to where they provide the required information online. They would only need to provide the links of the relevant websites to a central Commission repository, from which a common search facility would pick them up and present them to the user in reply to a search. This option is considered to be most likely to achieve the objectives efficiently and in a proportionate way, while maximising the benefits for stakeholders.
CONTENT: the proposed Regulation responds to calls by offering citizens and businesses easy access to information, procedures and assistance and problem solving services they need for the exercise of their rights in the internal market. It seeks to establish a single digital gateway in the context of which the Commission and competent authorities would play an important role in achieving those objectives.
The proposal, inter alia :
establishes the single digital gateway and defines its scope; establishes obligations on Member States and the Commission in relation to the provision of information; reaffirms the principle on non-discrimination in relation to online procedures by requiring Member States to make existing online procedures accessible to users from other Member States; allows Member States to extend the offer of assistance and problem solving services by including in the gateway services offered by private or semi-private entities; clarifies the conditions which the online procedures should meet in order to be accessible by non-national users (such as the availability of instructions in another language, recognition of e-ID, esignatures and e-seals); establishes the mechanism for the monitoring of the quality of the information, procedures and assistance services to which the gateway links; requires Member States to appoint national coordinators and entrusts them with specific responsibilities related to the gateway; establishes the gateway coordination group.
BUDGETARY IMPLICATIONS: the costs of implementing this Regulation would be EUR 109 million of initial investment costs and around EUR 8 million of annual running costs for all Member States and the Commission together. The initial investment costs would be partially offset in one year by savings of cross-border businesses in additional translation and certification fees and consultancy costs of an estimated EUR 86 million. For the countries that have the fewest procedures online, digitalising the remaining procedures would cost EUR 6.6 million. To put this expense in context, this is about 2 to 4% of the 2014-2020 ESIF funding they have allocated to e-government.
Documents
- Final act published in Official Journal: Regulation 2018/1724
- Final act published in Official Journal: OJ L 295 21.11.2018, p. 0001
- Commission response to text adopted in plenary: SP(2018)724
- Draft final act: 00041/2018/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0349/2018
- Debate in Parliament: Debate in Parliament
- Specific opinion: PE625.482
- Committee report tabled for plenary, 1st reading/single reading: A8-0054/2018
- Committee report tabled for plenary, 1st reading: A8-0054/2018
- Amendments tabled in committee: PE613.511
- Amendments tabled in committee: PE613.510
- Committee draft report: PE612.231
- Economic and Social Committee: opinion, report: CES2781/2017
- Contribution: COM(2017)0256
- Document attached to the procedure: OJ C 340 11.10.2017, p. 0006
- Document attached to the procedure: N8-0060/2017
- Contribution: COM(2017)0256
- Contribution: COM(2017)0256
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2017)0211
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2017)0212
- Document attached to the procedure: SWD(2017)0213
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2017)0214
- Legislative proposal published: COM(2017)0256
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2017)0211
- Document attached to the procedure: EUR-Lex SWD(2017)0212
- Document attached to the procedure: SWD(2017)0213
- Document attached to the procedure: EUR-Lex SWD(2017)0214
- Document attached to the procedure: OJ C 340 11.10.2017, p. 0006 N8-0060/2017
- Economic and Social Committee: opinion, report: CES2781/2017
- Committee draft report: PE612.231
- Amendments tabled in committee: PE613.511
- Amendments tabled in committee: PE613.510
- Committee report tabled for plenary, 1st reading/single reading: A8-0054/2018
- Specific opinion: PE625.482
- Draft final act: 00041/2018/LEX
- Commission response to text adopted in plenary: SP(2018)724
- Contribution: COM(2017)0256
- Contribution: COM(2017)0256
- Contribution: COM(2017)0256
Activities
- Marlene MIZZI
Plenary Speeches (2)
- 2016/11/22 Single Digital Gateway (debate)
- 2016/11/22 Single Digital Gateway (debate)
- Lucy ANDERSON
Plenary Speeches (1)
- Bendt BENDTSEN
Plenary Speeches (1)
- 2016/11/22 Single Digital Gateway (debate) DA
- Nicola CAPUTO
Plenary Speeches (1)
- 2016/11/22 Single Digital Gateway (debate) IT
- Michela GIUFFRIDA
Plenary Speeches (1)
- 2016/11/22 Single Digital Gateway (debate) IT
- Notis MARIAS
Plenary Speeches (1)
- 2016/11/22 Single Digital Gateway (debate) EL
- Jasenko SELIMOVIC
Plenary Speeches (1)
- Mylène TROSZCZYNSKI
Plenary Speeches (1)
- 2016/11/22 Single Digital Gateway (debate) FR
Votes
A8-0054/2018 - Marlene Mizzi - Am 174 13/09/2018 12:21:41.000 #
A8-0054/2018 - Marlene Mizzi - Am 173 13/09/2018 12:21:56.000 #
Amendments | Dossier |
263 |
2017/0086(COD)
2017/11/30
IMCO
263 amendments...
Amendment 132 #
Proposal for a regulation Recital 1 Amendment 133 #
Proposal for a regulation Recital 4 (4) This Regulation responds to these calls by offering citizens and businesses easy access to information, procedures and assistance and problem solving services they need for the exercise of their rights in the internal market, such as travel within the Union, to work and retire in the Union, reside in Member States other than their Member State of origin, access to education in other Member States, access to healthcare, exercise of family rights, residence rights, citizens’ rights and consumer rights. This Regulation establishes a single digital gateway in the context of which the Commission and competent authorities would play an important role in achieving those objectives.
Amendment 134 #
Proposal for a regulation Recital 7 (7) In order for Union citizens and businesses to enjoy their right to free movement within the internal market, the
Amendment 135 #
Proposal for a regulation 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
Amendment 136 #
Proposal for a regulation Recital 8 (8) It is clear that citizens and businesses ('users') from other Member States can be at a disadvantage due to their lack of familiarity with the national rules and administrative systems, the differences in languages used and their lack of geographic proximity to the public authorities in those Member States. The most efficient way to reduce the ensuing obstacles to the internal market, is to enable cross-border users to get access to information online, in a language they can understand, to enable them to complete procedures for compliance with national rules fully online, where applicable, and to offer them assistance where rules and procedures are not clear enough or where they encounter obstacles in exercising their rights.
Amendment 137 #
Proposal for a regulation Recital 10 a (new) (10a) The purpose of this Regulation is to remedy the fragmentation and shortcomings in providing information and assistance. A single portal providing access to information in various areas, such as insurance technical provisions, the right of residence or tax rules, should contribute to greater transparency regarding the rules and regulations in force in the Member States.
Amendment 138 #
Proposal for a regulation 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
Amendment 139 #
Proposal for a regulation 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
Amendment 140 #
Proposal for a regulation 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, where applicable. 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.
Amendment 141 #
Proposal for a regulation Recital 12 (12) The gateway should be user-centric
Amendment 142 #
Proposal for a regulation Recital 12 (12) The gateway should be user-centric, especially for individual citizens, and user- friendly and it should allow citizens and businesses to interact with national and Union level administrations by providing them with the opportunity to give feedback in relation to both the services offered through the gateway and the functioning of the internal market as they experience it. The feedback tool
Amendment 143 #
Proposal for a regulation Recital 15 Amendment 144 #
Proposal for a regulation Recital 15 (15) This Regulation should enhance the internal market dimension of online procedures, thereby contributing to internal market digitalisation, by upholding the general principle of non- discrimination also in relation to the access by citizens or businesses to online procedures already established at the national level on the basis of national or Union law. It should be possible for users not residing in or established in a Member State to access and complete online procedures without obstacles such as form fields that require national phone numbers or national postal codes, payment of fees that can only be done through systems which do not provide for cross-border payments, lack of detailed explanations in another language other than the national language or languages, lack of possibilities to submit electronic evidence from authorities located in another Member State and lack of acceptance of electronic means of identification issued in other Member States.
Amendment 145 #
Proposal for a regulation Recital 16 (16) This Regulation should build on the eIDAS Regulation26, which lays down conditions under which Member States recognise certain means of electronic identification for natural and legal persons falling under a notified electronic identification scheme of another Member State. From the date of application of that
Amendment 146 #
Proposal for a regulation Recital 17 Amendment 147 #
Proposal for a regulation 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
Amendment 148 #
Proposal for a regulation 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
Amendment 149 #
Proposal for a regulation 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. Th
Amendment 150 #
Proposal for a regulation Recital 19 (19) In some instances, the user may be required to submit evidence to prove facts that cannot be established by online means, such as medical certificates and proof of the roadworthiness of motor vehicles. As long as the evidence to prove such facts can be submitted in electronic format, this should not constitute an exception to the principle that a procedure should be offered fully online. In other instances, given the current state of technical development, it may still be necessary for users of an online procedure to appear in person before a competent authority as part of the online procedure,
Amendment 151 #
Proposal for a regulation Recital 19 (19) In some instances, the user might be required to submit evidence to prove facts that cannot be established by online means, such as medical certificates and proof of the roadworthiness of motor vehicles. As long as the evidence to prove such facts can be submitted in electronic format, this should not constitute an exception to the principle that a procedure should be offered fully online. In other instances, given the current state of technical development, it may still be necessary for users of an online procedure to appear in person before a competent authority as part of the online procedure,
Amendment 152 #
(19) In some instances, the user may be required to submit evidence to prove facts that cannot be established by online means, such as medical certificates and proof of the roadworthiness of motor vehicles. As long as the evidence to prove such facts can be submitted in electronic format, this should not constitute an exception to the principle that a procedure should be offered fully online. In other instances, given the current state of technical development, it may still be necessary for users of an online procedure to appear in person before a competent authority as part of the online procedure,
Amendment 153 #
Proposal for a regulation 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.
Amendment 154 #
Proposal for a regulation 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 155 #
Proposal for a regulation Recital 19 (19) In
Amendment 156 #
Proposal for a regulation Recital 20 (20) This Regulation should not
Amendment 157 #
Proposal for a regulation Recital 23 (23) Furthermore, the Member States and the Commission may decide to add other national assistance or problem solving services, provided by competent authorities or by private
Amendment 158 #
Proposal for a regulation 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
Amendment 159 #
Proposal for a regulation 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
Amendment 160 #
Proposal for a regulation Recital 27 (27) Online services provided by competent authorities are crucial for increasing the quality and security of the services provided to citizens and businesses. Where public administrations within Member States increasingly no longer require that citizens and businesses supply the same information several times but instead are working towards the re-use of data, the same should be facilitated for users faced with procedures in other Member States, to reduce additional burden.
Amendment 161 #
Proposal for a regulation 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
Amendment 162 #
Proposal for a regulation 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
Amendment 163 #
Proposal for a regulation 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
Amendment 164 #
Proposal for a regulation Recital 28 a (new) (28a) A request for exchange of evidence should only be considered explicit if it contains a freely given, specific, informed and unambiguous indication of the individual’s wish to have the relevant information exchanged, either by means of a statement or a clear affirmative action. The existence of an explicit request should neither be inferred from a request to carry out a specific procedure, nor from a general request by the user such as a request for all necessary documents from all relevant authorities for a given procedure. A user should be able to withdraw an explicit request at any time without stating the reasons therefore. Such a withdrawal could typically take place in cases where the user, after previewing the evidence to be exchanged, discovers that the information is inaccurate, out-of-date, or goes beyond what is necessary for the procedure at hand.
Amendment 165 #
Proposal for a regulation Recital 28 b (new) (28b) Any exchange of evidence by means of the secure technical system established on the basis of this Regulation should have an appropriate legal basis in other Union legislation, such as Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU, or applicable national legislation.
Amendment 166 #
Proposal for a regulation Recital 28 c (new) (28c) The use of the secure technical system established on the basis of this Regulation for the purposes of exchanging evidence between competent authorities should be in compliance with point (e) of Article 6(1) of Regulation (EU) 2016/679.This Regulation does not provide a basis for the use of the secure technical system for purposes other than those foreseen in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU, or applicable national legislation. In addition, this Regulation does not restrict in any sense the ‘principle of purpose limitation’ pursuant to Articles 6(4) and 23(1) of Regulation (EU) 2016/679.
Amendment 167 #
Proposal for a regulation Recital 30 Amendment 168 #
Proposal for a regulation Recital 30 (30) Such a system should be available in addition to other systems providing mechanisms for cooperation between authorities, such as IMI or [e-Services Card] and should not affect other systems, including the system foreseen in Article 4 of Regulation (EC) No 987/2009, the European Single Procurement Document under Directive (EU) 2014/24 of the European Parliament and of the Council33 , the Electronic Exchange of Social Security Information (EESSI), the interconnection of national registers, the interconnection of central, commercial and company registers under Directive 2009/101/EC of the European Parliament and of the Council34 and of insolvency registers under Regulation (EU) 2015/848 of the European Parliament and of the Council35 . _________________ 33 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65–242). 34 Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies
Amendment 169 #
Proposal for a regulation Recital 31 Amendment 170 #
Proposal for a regulation 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 171 #
Proposal for a regulation Recital 31 a (new) (31a) With a view to ensuring a high level of security of the technical system for the cross-border application of the ‘once-only’ principle, when adopting implementing acts setting out the specification for such a technical system, the Commission should take due account of the standards and technical specifications drawn up by European and international standardisation organisations and bodies, in particular the European Committee for Standardisation (CEN), the European Telecommunications Standards Institute (ETSI), the International Organisation for Standardisation (ISO) and the International Telecommunication Union (ITU), in accordance with Article 32 of Regulation (EU) 2016/679 and Article 22 of Regulation (EC) No 45/2001 of the European Parliament and of the Council.
Amendment 172 #
Proposal for a regulation Recital 32 (32) The compliance with the quality
Amendment 173 #
Proposal for a regulation 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
Amendment 174 #
Proposal for a regulation 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 at regular intervals supervise compliance with the quality criteria at national and Union level respectively, and address any problems that arise. 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
Amendment 175 #
Proposal for a regulation 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 and security criteria at national and Union level respectively, and address any problems that arise. 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
Amendment 176 #
Proposal for a regulation Recital 35 (35) This Regulation lays down the provisions governing the establishment of a single digital gateway through which citizens and businesses should be able to access information on rights, obligations and rules relating to the exercise of their internal market rights and to access procedures for exercising their rights and also assistance and problem- solving services. This Regulation also lays down rules on the lists of information and information areas, procedures and assistance and problem-solving services. In order also 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. In order to lay down the detailed categories of data to be recorded and the method of recording and exchange of data and to update the list with information and information areas and assistance and problem-solving services, 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
Amendment 177 #
Proposal for a regulation 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
Amendment 178 #
Proposal for a regulation Recital 36 Amendment 179 #
Proposal for a regulation Recital 36 Amendment 180 #
Proposal for a regulation Recital 37 (37) The quality of the information, procedures, assistance and problem solving services available through the gateway should be regularly monitored primarily through a user feedback tool that will ask users
Amendment 181 #
Proposal for a regulation Recital 39 Amendment 182 #
Proposal for a regulation Recital 40 a (new) (40a) The system set up should secure user data against hacking and cyber- attacks.
Amendment 183 #
Proposal for a regulation Recital 42 (42) In order for the Member States and the Commission to develop and implement the necessary tools to give effect to this Regulation, certain of its provisions should apply from
Amendment 184 #
Proposal for a regulation Recital 43 (43) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, and should be implemented in accordance with those rights and principles, including where data protection and the protection of privacy are concerned.
Amendment 185 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) lays down rules for the
Amendment 186 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) facilitates the use of procedures, including by users from other Member States, and supports the implementation of the "once only" principle;
Amendment 187 #
Proposal for a regulation Article 1 – paragraph 1 a (new) 1a. Where the provisions of this Regulation conflict with a provision of another Union act governing specific aspects of the subject matter covered by this Regulation, the provision of the other Union act shall prevail.
Amendment 188 #
Proposal for a regulation Article 1 – paragraph 1 b (new) 1b. This Regulation shall not affect the substance of nor the rights granted through any procedure laid down at the Union or national level in any of the areas covered by this Regulation.
Amendment 189 #
Proposal for a regulation Article 2 – paragraph 1 1. A single digital gateway ("the gateway”) shall be established by the
Amendment 190 #
Proposal for a regulation Article 2 – paragraph 1 1. A single digital gateway ("the gateway”) shall be established by the Commission and the competent authorities in accordance with this Regulation. The gateway shall consist of a
Amendment 191 #
Proposal for a regulation Article 2 – paragraph 1 1. A single digital gateway ("the gateway”) shall be established by the Commission and the
Amendment 192 #
Proposal for a regulation Article 2 – paragraph 2 – point b (b) information on and links to procedures established at Union or national level in the field of the internal market in the areas listed in Annex I and detailed in Annex II in order to exercise th
Amendment 193 #
Proposal for a regulation Article 2 – paragraph 2 – point b (b) information on and links to procedures established at Union or national level in order to exercise those rights and comply with those obligations and rules and in respect of the procedures mentioned in Article 5 and listed in Annex II;
Amendment 194 #
Proposal for a regulation Article 2 – paragraph 2 – point c a (new) (ca) summarised information on the quality of information and services accessible through the gateway, based on continuously aggregated user feedback.
Amendment 195 #
Proposal for a regulation Article 2 – paragraph 3 3. The
Amendment 196 #
Proposal for a regulation Article 2 – paragraph 3 a (new) 3a. The Commission shall be empowered to adopt delegated acts in accordance with Article 34 adapting Annexes I and III in order to take into account developments in access to the availability of rights, obligations and rules in accordance with Union law and national law.
Amendment 197 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 (1) ‘user’ means anyone who is a citizen of the Union, a natural person residing in a Member State or a legal person having its registered office in a Member State, or a public authority and who accesses the information, the procedures, or the assistance or problem solving services, referred to in Article 2(2), through the gateway;
Amendment 198 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 (3) ‘competent authority’ means any Member State body or authority established at either national, regional or local level with specific responsibilities relating to the information, procedures, assistance and problem solving services covered by this Regulation or any other person or body in which the Member State has invested such competence;
Amendment 199 #
Proposal for a regulation 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 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 201 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. Member States shall ensure that users have
Amendment 202 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. Member States shall ensure that users have
Amendment 203 #
Proposal for a regulation Article 4 – paragraph 1 – point c a (new) (ca) a link to the single portal referred to in Article 2(1).
Amendment 204 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. The Commission shall ensure that
Amendment 205 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2a. The Commission and the Member States may provide additional information and procedures with regard to the requirements set out in Annex I and Annex II on a voluntary basis and make them available through the user interface on the existing 'Your Europe' portal.
Amendment 206 #
Proposal for a regulation Article 5 Amendment 207 #
Proposal for a regulation Article 5 – paragraph 1 1. Member States shall ensure that, where a procedure
Amendment 208 #
Proposal for a regulation Article 5 – paragraph 1 1. Member States shall ensure that where a procedure, referred to in Article 2(2)(b), established at national level, can be accessed and completed online by users of that Member State, it can be also accessed and completed by users of other Member States in a non-discriminatory way, where applicable.
Amendment 209 #
1. Member States shall ensure that where a procedure
Amendment 210 #
Proposal for a regulation Article 5 – paragraph 2 2. Member States shall ensure that users can complete the procedures listed in Annex II fully online. This obligation shall not apply in cases of procedures for requesting/renewing an ID card or passport, which may require the user to appear in person before the competent authority at some stage of the procedure. Member States shall limit such physical presence to what is strictly necessary and objectively justified and shall ensure that other steps of the procedure can be completed fully online. They shall notify such exceptions to the Commission.
Amendment 211 #
2. Each Member State
Amendment 212 #
Proposal for a regulation Article 5 – paragraph 2 2. Member States shall ensure that users can complete the procedures listed in Annex II fully online through a single user interface integrated in the portal 'Your Europe'.
Amendment 213 #
Proposal for a regulation Article 5 – paragraph 3 3. The procedures, referred to in paragraph 2, shall be considered as fully online where identification, provision of information, supporting evidence, signature
Amendment 214 #
Proposal for a regulation Article 5 – paragraph 3 3. The procedures, referred to in paragraph 2, shall be considered as fully online where identification, provision of information, supporting evidence, signature and final submission can be done electronically at a distance and via a single communication channel and if the output of the procedure is also delivered electronically. Member States must also have the power to establish direct contact with citizens and businesses.
Amendment 215 #
Proposal for a regulation Article 5 – paragraph 3 a (new) 3a. The submission of documentary evidence by citizens must not affect any formal requirements under the law of the State in which the procedure is being conducted.
Amendment 216 #
Proposal for a regulation Article 5 – paragraph 4 Amendment 217 #
Proposal for a regulation Article 5 – paragraph 4 Amendment 218 #
Proposal for a regulation Article 5 – paragraph 4 4. Where, in exceptional cases such as in the interest of public policy, general security, public health and the fight against fraud, the objective pursued by a given procedure, referred to in paragraph 2, cannot be fully achieved
Amendment 219 #
Proposal for a regulation Article 5 – paragraph 4 4. Where the objective pursued by a given procedure, referred to in paragraph 2, cannot be achieved without requiring the user to appear in person before the competent authority at some stage of the procedure, Member States shall limit such physical presence to what is strictly necessary and objectively justified and shall ensure that other steps of the procedure can be completed fully online. They shall notify such exceptions to the Commission. When considering the digitalisation of individual administrative procedures, objections of overriding public interest must be taken into account.
Amendment 220 #
Proposal for a regulation Article 5 – paragraph 6 a (new) 6a. In the event of technical difficulties or in the event of a technical failure, Member States should offer the additional possibility of completing procedures under Article 2 (2) (b) by other means.
Amendment 221 #
Proposal for a regulation 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 222 #
Proposal for a regulation Article 6 – paragraph 1 1. Member States and the Commission shall ensure that users have
Amendment 223 #
Proposal for a regulation Article 6 – paragraph 1 1. Member States and the Commission shall ensure that users have
Amendment 224 #
Proposal for a regulation Article 6 – paragraph 3 – point b (b) the service is offered free of charge
Amendment 225 #
(b) the service is offered free of charge or at a price which is affordable for micro-, small and medium-sized enterprises or for citizens;
Amendment 226 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. The
Amendment 227 #
Proposal for a regulation 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 228 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) it includes the name of the authority or entity responsible for the content of the information;
Amendment 229 #
Proposal for a regulation Article 7 – paragraph 1 – point c a (new) (ca) it includes the name of the authority or entity responsible for the procedures and completing the procedures;
Amendment 230 #
Proposal for a regulation 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 231 #
Proposal for a regulation Article 7 – paragraph 1 – point f (f) it is
Amendment 232 #
Proposal for a regulation Article 7 – paragraph 2 2.
Amendment 233 #
Proposal for a regulation 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 234 #
Proposal for a regulation Article 7 – paragraph 2 2. The competent authorities shall provide the information in at least one official language of the Union in addition to the national language or, where applicable, the national languages. This shall be without prejudice to Member States' legislation regarding the use of languages.
Amendment 235 #
Proposal for a regulation 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
Amendment 236 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. The
Amendment 237 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. The competent authorities
Amendment 238 #
Proposal for a regulation 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 239 #
Proposal for a regulation Article 8 – paragraph 1 – point f (f) the estimated time required by the relevant competent authorities to complete the procedure and any applicable deadlines imposed on the user;
Amendment 240 #
Proposal for a regulation Article 8 – paragraph 1 – point f (f) the estimated time required to complete the procedure
Amendment 241 #
Proposal for a regulation Article 8 – paragraph 1 – point g (g)
Amendment 242 #
Proposal for a regulation Article 8 – paragraph 1 – point g a (new) (ga) any exception with regard to the duty of Member States to make the procedures under Article 5 fully available online, with each exception having to be supplemented by a reasonable explanation of how those restrictions meet the criteria of absolute necessity and objective justification.
Amendment 243 #
Proposal for a regulation Article 8 – paragraph 2 2.
Amendment 244 #
Proposal for a regulation Article 8 – paragraph 3 3. The competent authorities shall provide the explanation referred to in paragraph 1 in at least one official language of the Union in addition to the national language or, where applicable, the national languages. This is without prejudice to Member States' legislation regarding the use of languages.
Amendment 245 #
Proposal for a regulation 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 246 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. The
Amendment 247 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. The competent authorities
Amendment 248 #
Proposal for a regulation Article 9 – paragraph 1 – point b (b) the name and contact details
Amendment 249 #
Proposal for a regulation Article 9 – paragraph 1 – point d (d) the estimated time within which the relevant entities responsible are required to deliver the service or an average response time;
Amendment 250 #
Proposal for a regulation Article 9 – paragraph 1 – point e (e)
Amendment 251 #
Proposal for a regulation Article 9 – paragraph 2 2.
Amendment 252 #
Proposal for a regulation 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 253 #
Proposal for a regulation Article 9 a (new) Article 9a Translation of information 1. Where the Member States do not provide the information, explanations and instructions set out in Articles 7, 8(1), and 9 and 11(1)(a) in an official Union language which is sought by a significant number of users, they shall request translations from the Commission in that language, within the limits of the available budget as referred to in Article 28(1)c). 2. The Member States shall ensure that these translations cover at least the basic information in all areas listed in Annex I and, where sufficient budget is available, any further information, explanations and instructions as referred to in Articles 7, 8(1), and 9 and 11(1)(a), taking account of the most important needs of cross-border users. The Member States shall provide the links to such translated information to the repository for links.
Amendment 254 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part The
Amendment 255 #
Proposal for a regulation Article 10 – paragraph 1 – point a a (new) (aa) all procedural steps, except for those which, in duly justified and exceptional cases, make the physical presence of the user absolutely necessary, can be handled via a single user interface on the portal 'Your Europe';
Amendment 256 #
Proposal for a regulation Article 10 – paragraph 1 – point b (b) in the case of non-compliance with applicable deadlines, users are informed in advance of the reasons thereof and a new deadline is given, unless the rules on tacit approval or administrative silence referred to in point (f) of Article 8(1) provide otherwise.
Amendment 257 #
Proposal for a regulation Article 10 – paragraph 1 – point b (b) in case of non-compliance with applicable deadlines, users are informed in advance of the reasons thereof and a
Amendment 258 #
Proposal for a regulation 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 259 #
Proposal for a regulation Article 11 Amendment 260 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1.
Amendment 261 #
Proposal for a regulation 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,
Amendment 262 #
Proposal for a regulation 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 263 #
Proposal for a regulation Article 11 – paragraph 1 – point a (a) users are able to access and receive instructions for completing the procedure in a
Amendment 264 #
Proposal for a regulation Article 11 – paragraph 1 – point a (a) users are able to access and receive instructions for completing the procedure in at least
Amendment 265 #
Proposal for a regulation Article 11 – paragraph 1 – point a (a) users are able to access and receive instructions for completing the procedure in at least one
Amendment 266 #
Proposal for a regulation 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 (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 (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.
Amendment 269 #
Proposal for a regulation Article 11 – paragraph 2 2. Where competent authorities accept digitalised copies of non-electronic evidence of identity such as identity cards or passports for national users, they shall accept such digitalised copies for users from other Member States, while ensuring personal data protection.
Amendment 271 #
Proposal for a regulation Article 12 – paragraph 1 1. For the purpose of the exchange of evidence for online procedures listed in Annex II and procedures provided for in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU, a technical system for the electronic exchange of evidence between competent authorities in different Member States ("the technical system") shall be established by the Commission in cooperation with the Member States. The technical system shall ensure the interoperability with the national systems. The Commission shall not process personal data in the framework of the technical system.
Amendment 272 #
Proposal for a regulation Article 12 – paragraph 1 1. For the purpose of the exchange of evidence for online procedures listed in Annex II and procedures provided for in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU, a secure technical system for the electronic exchange of
Amendment 273 #
Proposal for a regulation Article 12 – paragraph 2 – point d (d) it shall en
Amendment 274 #
Proposal for a regulation Article 12 – paragraph 2 – point d a (new) (da) it shall ensure a fully functioning, safe and secure technical system for the exchange of evidence;
Amendment 275 #
Proposal for a regulation Article 12 – paragraph 2 – point e (e) it shall en
Amendment 276 #
Proposal for a regulation Article 12 – paragraph 2 – point e (e) it shall ensure that the user has the possibility to preview the evidence to be exchanged
Amendment 277 #
Proposal for a regulation Article 12 – paragraph 2 – point e a (new) (ea) it shall enable the processing of the explicit request of the user referred to in paragraph 4, as well as the withdrawal of such a request, the conditions of which shall not be more stringent than those for making such a request.
Amendment 278 #
Proposal for a regulation Article 12 – paragraph 2 – point e a (new) (ea) it shall ensure a high level of interoperability with other relevant systems;
Amendment 279 #
Proposal for a regulation Article 12 – paragraph 2 – point e b (new) (eb) it shall ensure that the issuing authority retains no data regarding the transmission of the evidence.
Amendment 280 #
Proposal for a regulation Article 12 – paragraph 2 – point e b (new) (eb) it shall ensure a high level of security for the transmission and processing of evidence.
Amendment 281 #
Proposal for a regulation Article 12 – paragraph 2 – point e c (new) (ec) it shall not store or process any data beyond what is technically strictly necessary to achieve the transmission of the evidence, and only for the duration necessary for that purpose.
Amendment 282 #
Proposal for a regulation Article 12 – paragraph 4 4. The competent authorities responsible for online procedures referred to in paragraph 1 shall, upon an explicit request of the user, request evidence directly from competent authorities issuing evidence in other Member States through the technical system. The issuing authorities shall,
Amendment 283 #
Proposal for a regulation Article 12 – paragraph 4 4. The competent authorities responsible for online procedures referred to in paragraph 1 shall, upon an explicit 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. The issuing authorities shall not make such evidence available without an explicit request from the user, or if the user has withdrawn such a request. The user may withdraw his or her explicit request at any time.
Amendment 284 #
Proposal for a regulation Article 12 – paragraph 4 4.
Amendment 285 #
Proposal for a regulation Article 12 – paragraph 4 a (new) 4a. The competent authorities responsible for the online procedures referred to in paragraph 1 shall ensure that users have the possibility to make or withdraw an explicit request or submit or withdraw evidence by other means than the technical system.
Amendment 286 #
Proposal for a regulation Article 12 – paragraph 4 a (new) 4a. The explicit request of the user referred to in paragraph 4 shall not be necessary where the automated cross- border data exchange without an explicit request is permitted under Union or national law.
Amendment 287 #
Proposal for a regulation Article 12 – paragraph 5 a (new) 5a. The exchange of documentary evidence by Member States must comply with any formal requirements under the law of the State in which the procedure is being conducted.
Amendment 288 #
Proposal for a regulation Article 12 – paragraph 6 6. The evidence made available
Amendment 289 #
Proposal for a regulation Article 12 – paragraph 6 6. The evidence made available by a 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. The competent authorities concerned should process all personal data of users in accordance with Regulation (EU) 2016/679.
Amendment 290 #
Proposal for a regulation Article 12 – paragraph 6 a (new) 6a. The issuing authority making available evidence to another authority pursuant to paragraph 4 shall not retain any data related to the making available or transmission of that evidence.
Amendment 291 #
Proposal for a regulation Article 12 – paragraph 7 7.
Amendment 292 #
Proposal for a regulation 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) 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 294 #
Proposal for a regulation Article 13 Amendment 295 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part The competent authorities
Amendment 296 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) in case of anticipated non- compliance with applicable deadlines, users are informed in advance of the reasons thereof and a new deadline is given;
Amendment 297 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) in case of non-compliance with applicable deadlines, users are informed in advance of the reasons thereof and a
Amendment 298 #
Proposal for a regulation Article 14 – paragraph 1 1. The national coordinators and the Commission shall regularly monitor the compliance of the information, procedures and assistance and problem solving services available through the gateway for which they are responsible, with the quality requirements laid down in Articles 7 to 11 and 13. The monitoring shall be carried out on the basis of the data gathered in accordance with Article 22.
Amendment 299 #
Proposal for a regulation Article 14 – paragraph 1 1. The national coordinators
Amendment 300 #
Proposal for a regulation Article 14 – paragraph 2 – introductory part 2. In case of the deterioration in the quality of the services referred to in paragraph 1, provided by the competent authorities, the Commission
Amendment 301 #
Proposal for a regulation Article 14 – paragraph 3 a (new) 3a. Information on the results of the monitoring under paragraph 1 and on the measures taken under paragraphs 2 and 3 shall be made publicly available in the form of summary reports on the Commission website as well as through the gateway itself, at least twice a year.
Amendment 302 #
Proposal for a regulation Article 15 – paragraph 1 1. The Commission shall provide a common user interface to ensure the proper functioning of the gateway. The common user interface shall be integrated into the existing portal 'Your Europe'.
Amendment 303 #
Proposal for a regulation Article 16 – paragraph 2 2. The Commission shall provide the links to all the information, procedures and assistance and problem solving services accessible on the webpages managed at Union level, and all their subsequent updates, to the repository of links.
Amendment 304 #
Proposal for a regulation Article 16 – paragraph 3 – subparagraph 1 The national coordinators shall provide the links to all the information, procedures and assistance and problem solving services accessible on the webpages managed by competent authorities or private or semi- private entities as referred to in Article 6(3), and all their subsequent updates, to the repository of links.
Amendment 305 #
Proposal for a regulation Article 16 – paragraph 5 a (new) 5a. The Commission and the national coordinators shall ensure that defective links are replaced immediately.
Amendment 306 #
Proposal for a regulation Article 16 – paragraph 6 a (new) 6a. The Commission and the Member States may provide links that are not listed in Annex I and Annex II if they meet the quality requirements laid down in this Regulation.
Amendment 307 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. The Commission shall be responsible, including legally liable, for the development, availability, regular monitoring, regular updating, maintenance, security and hosting of the following IT applications and webpages:
Amendment 308 #
Proposal for a regulation Article 18 – paragraph 1 – point e a (new) (ea) the summary quality reports referred to in Articles 2(2)(d) and 14(4).
Amendment 309 #
Proposal for a regulation 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 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 311 #
Proposal for a regulation Article 18 – paragraph 2 2. Competent authorities shall be responsible and liable for the development, availability, regular monitoring, maintenance and security of IT applications related to webpages they are managing and which are linked to the
Amendment 312 #
Proposal for a regulation Article 18 – paragraph 2 a (new) 2a. The Commission and competent authorities shall make publicly available information relating to the version and date of the last update to the IT applications for which they are responsible.
Amendment 313 #
Proposal for a regulation Article 19 – paragraph 1 1. The name
Amendment 314 #
Proposal for a regulation Article 19 – paragraph 1 1. The name
Amendment 315 #
Proposal for a regulation Article 19 – paragraph 1 1. The name and the logo by which the gateway shall be known
Amendment 316 #
Proposal for a regulation Article 19 – paragraph 2 2.
Amendment 317 #
Proposal for a regulation Article 20 – paragraph 1 1. The competent authorities
Amendment 318 #
Proposal for a regulation Article 20 – paragraph 1 1. The competent authorities and the Commission shall promote the awareness and the use of the gateway amongst citizens and businesses and shall ensure the accessibility and visibility of the gateway
Amendment 319 #
Proposal for a regulation Article 20 – paragraph 1 1. The
Amendment 320 #
Proposal for a regulation Article 20 – paragraph 2 Amendment 321 #
Proposal for a regulation Article 20 – paragraph 2 2. The
Amendment 322 #
Proposal for a regulation 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 323 #
Proposal for a regulation Article 20 – paragraph 3 3. The
Amendment 324 #
Proposal for a regulation 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 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 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 327 #
Proposal for a regulation Article 21 – paragraph 3 3. The Commission
Amendment 328 #
Proposal for a regulation Article 22 – paragraph 1 1. In order to gather direct information from users about their satisfaction with the services provided within the gateway and the information made available therein, the Commission shall provide users through the gateway with a user-friendly tool allowing them to comment anonymously, immediately after using any of the services referred to in Article 2(2) and the information made available therein, on quality and availability of the services provided through the gateway and the information made available therein and of the common user interface.
Amendment 329 #
Proposal for a regulation Article 22 – paragraph 1 1. In order to gather direct information from users about their satisfaction with the
Amendment 330 #
Proposal for a regulation Article 23 – paragraph 1 – point a (a) provide users of the gateway with a user-friendly tool containing a text box to signal anonymously obstacles encountered by them in exercising their internal market rights;
Amendment 331 #
Proposal for a regulation Article 24 – paragraph 1 – point a a (new) (aa) consult with all relevant national stakeholders and social partners;
Amendment 332 #
Proposal for a regulation Article 24 – paragraph 1 – point d a (new) (da) supervise and monitor the technical system enabling the cross- border exchange of evidence.
Amendment 333 #
Proposal for a regulation Article 25 – paragraph 1 A coordination group (“the gateway coordination group”) shall be established. It shall be composed of the national coordinators and a representative of the European Parliament and shall be chaired by a representative of the Commission. It shall adopt its rules of procedure. The Commission shall provide the secretariat.
Amendment 334 #
Proposal for a regulation 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 (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) (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) (ia) develop a peer review process to ensure convergence between Member States in relation to the implementation of this Regulation;
Amendment 338 #
Proposal for a regulation Article 26 – paragraph 1 – point i a (new) (ia) take note of the summary reports referred to in Article 14(4);
Amendment 339 #
Proposal for a regulation Article 26 – paragraph 1 – point l a (new) (la) work towards a merger of existing information portals.
Amendment 340 #
Proposal for a regulation Article 28 – paragraph 1 – point c (c) translation of a maximum annual volume per Member State of information
Amendment 341 #
Proposal for a regulation Article 32 Article 32 deleted The Internal Market Information
Amendment 342 #
Proposal for a regulation Article 33 – paragraph 1 By four years after the entry into force of this Regulation and once every
Amendment 343 #
Proposal for a regulation Article 33 – paragraph 1 By
Amendment 344 #
Proposal for a regulation Article 34 – paragraph 1 Amendment 345 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 346 #
Proposal for a regulation Article 34 – paragraph 2 2. The power to adopt delegated acts referred to in Article 2 (3a) and Article 21(3) shall be conferred on the Commission for a period of five years from […]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 347 #
Proposal for a regulation Article 34 – paragraph 2 2. The power to adopt delegated acts referred to in Article 21(3) shall be conferred on the Commission for a period of five years from […]. The Commission shall
Amendment 348 #
Proposal for a regulation Article 34 – paragraph 3 3. The delegation of power referred to in Article 2 (3a) and Article 21(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 349 #
Proposal for a regulation Article 34 – paragraph 5 5. A delegated act adopted pursuant to Article 2(3a) and Article 21(3) shall enter into force only if no objection has been raised either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European
Amendment 350 #
Proposal for a regulation Article 37 – paragraph 2 Article 2, Articles 4
Amendment 351 #
Article 2, Articles 4 to 11, Article 12(1) to (6) and (8), Article 13, Article 14, Article 15(1) to (3), Article 16, Article 17, Article 21(1) and (2), Article 22(1) to (4) and Article 23 shall apply from [
Amendment 352 #
Proposal for a regulation Annex III – point 7 a (new) (7a) European Consumer Centres Network
Amendment 353 #
Proposal for a regulation Annex III – point 7 a (new) (7a) European consumer centre networks
Amendment 354 #
Proposal for a regulation Annex III – point 7 a (new) (7a) European Consumer Centres Network
Amendment 355 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 2: Work and retirement within the Union – indent 4 a (new) • mandatory liability and insurance rules in another Member State
Amendment 356 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 2: Work and retirement within the Union – indent 6 a (new) • social rights and terms of employments of posted workers
Amendment 357 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 2: Work and retirement within the Union – indent 8 • social security rights and obligations in the Union including those related to getting pensions and unemployment benefits
Amendment 358 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 3: Vehicles in the Union – indent 6 • national traffic rules and requirements for drivers, such as toll and emissions stickers for temporary or permanent stays in another Member State
Amendment 359 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 4: Residence in another Member State – indent 3 a (new) • requirements for naturalisation of a resident living in another Member State
Amendment 360 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 4: Residence in another Member State – indent 3 b (new) • obligations in case of death and repatriation of remains
Amendment 361 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 5: Education or traineeship in another Member State – indent 1 • attending day nursery, kindergarten and school in another Member State
Amendment 362 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 5: Education or traineeship in another Member State – indent 1 a (new) • attending an adult education centre in another Member State
Amendment 363 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 6: Healthcare – indent 2 a (new) • health insurance coverage in another Member State
Amendment 364 #
Proposal for a regulation 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 365 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 6: Healthcare – indent 2 a (new) • information about public preventive healthcare programs
Amendment 366 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 6: Healthcare – indent 2 b (new) • information about emergency numbers
Amendment 367 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 6: Healthcare – indent 2 c (new) • moving to a retirement home
Amendment 368 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 7: Cross-border family rights, obligations and rules – indent 1 • birth, custody for minor children, parental responsibilities, surrogacy and adoption, including second-parent adoption, maintenance obligations in relation to children in a cross-border family situation
Amendment 369 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 7: Cross-border family • living in a couple with different nationalities
Amendment 370 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 7: Cross-border family rights, obligations and rules – indent 3 • rights and obligations in relation to succession in another Member State as regards, for instance, tax rules
Amendment 371 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 7: Cross-border family rights, obligations and rules – indent 3 a (new) • legal consequences of and rights in relation to international parental child abduction
Amendment 372 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – column 1 – title of area 8 Consumers
Amendment 373 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 1 • buying
Amendment 374 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 1 • buying goods and services
Amendment 375 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 2 • holding a bank account
Amendment 376 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 3 • connection to utilities, such as gas, electricity, water, waste disposal, telecom and internet
Amendment 377 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 5 a (new) • product safety and security
Amendment 378 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 5 b (new) • guarantees, consumer redress and compensation
Amendment 379 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 8: Consumers in cross- border situations – indent 5 c (new) • judicial procedures for consumers
Amendment 380 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 8 a (new): Citizens’ and residents’ rights Area
Amendment 381 #
Proposal for a regulation Annex I – Areas of information related to citizens – table – area 8 b (new): Protection of personal data Area INFORMATION REGARDING RIGHTS, OBLIGATIONS AND RULES Protection of • exercise of rights of data subjects according to the GDPR personal data (pursuant to sections 2-4, GDPR: information and access to personal data, rectification and erasure, objection)
Amendment 382 #
• registering, changing or closing a business (registration procedures and legal forms for carrying out business)
Amendment 383 #
Proposal for a regulation Annex I –Areas of information related to businesses – table – area 1: Starting, running and closing a business – indent 2 • intellectual property rights (applying for a patent, registering a trademark, a drawing or a design, getting a license for reproduction, applicable exceptions)
Amendment 384 #
Proposal for a regulation Annex I –Areas of information related to businesses – table – area 1: Starting, running and closing a business – indent 8 a (new) • liability of management
Amendment 385 #
Proposal for a regulation Annex I –Areas of information related to businesses – table – area 1: Starting, running and closing a business – indent 8 a (new) • relocating a business from one Member State to another Member State
Amendment 386 #
Proposal for a regulation Annex I –Areas of information related to businesses – table – area 1: Starting, running and closing a business – indent 8 a (new) • relocating a business
Amendment 387 #
Proposal for a regulation 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 388 #
Proposal for a regulation Annex I –Areas of information related to businesses – table – area 3: Taxes - indent 3 • other taxes: payment, rates, tax returns
Amendment 389 #
Proposal for a regulation ANNEX II – table Life events
Amendment 390 #
Proposal for a regulation ANNEX II – table Amendment 391 #
Proposal for a regulation ANNEX II – table Amendment 392 #
Proposal for a regulation ANNEX II – table Life events
Amendment 393 #
Proposal for a regulation ANNEX II – table source: 613.510
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