2017/0086(COD) | [ParlTrack]

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

Amendment 132 #

Proposal for a regulation
Recital 1

(1) The Single Market is one of Europe’s most tangible achievements. By allowing people, goods, services and capital to move freely it offers new opportunities for citizens and businesses. This Regulation is a key action of the Single Market Strategy16with the objective of unlocking the full potential of the Single Market by making it easier for citizens and businesses to move within the EU and to trade, establish themselves and expand their businesses across borders. _________________ 16‘Upgrading the Single Market: more opportunities for people and business’ Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2015)550 final, 28.10.2015.deleted

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 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. It is particularly important for innovative new businesses facing complex regulatory environments, such as those active in e- commerce and the collaborative economy, that they can easily find out the applicable rules and how those rules apply to their business activities. The information to be provided at national level should not only concern national rules implementing Union law, but also any other national rules that are applicable to national citizens and businesses from other Member States alike.

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 information to be provided at national level through one single national portal that should link to all relevant national webpages should not only concern national rules implementing Union law, but also any other national rules that are applicable to national citizens and businesses from other Member States alike.

Amendment 136 #

Dennis de JONG

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 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, whereby citizens and businesses should not be required to submit the same information twice, but rather competent authorities should take action to share this information internally, in full compliance with Regulation (EU) 2016/679.

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 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, with full respect to the fundamental right to the protection of personal data, for the purpose of the exchange of evidence between competent authorities in different Member States.

Amendment 140 #

Dennis de JONG

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 #

Maria GRAPINI, Sergio GUTIÉRREZ PRIETO, Lucy ANDERSON

Proposal for a regulation
Recital 12

(12) The gateway should be user-centric ~~and~~, user-friendly and accessible 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 should enable the user to point out perceived problems, deficiencies and needs in order to encourage continuous improvement of the quality of the services on the basis of anonymous data in order to protect the personal data of users.

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 should enable the user to point out perceived problems, deficiencies and needs in order to encourage continuous improvement of the quality of the services.

Amendment 143 #

Maria GRAPINI, Sergio GUTIÉRREZ PRIETO, Lucy ANDERSON

Proposal for a regulation
Recital 15

(15) This Regulation should enhance the internal market dimension of online procedures 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.deleted

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 rRegulation it should be possible for users to use their electronic identification and authentication means in order to operate on a cross-border basis and interact electronically with competent authorities. This Regulation should guarantee technological neutrality as regards electronic identification and authentication systems. _________________ 26 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73–114).

Amendment 146 #

Proposal for a regulation
Recital 17

(17) A number of sectorial Union acts such as the Services Directive27, the Professional Qualifications Directive28and the Public Procurement Directives29require that procedures are made fully available online. This Regulation should add the requirements for a number of key procedures for both citizens and businesses to be fully made available online. _________________ 27Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36). 28Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22–142). 29Directive 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) and Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243– 374).deleted

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 fully online. The "registration of business activity" is one of such procedures of particular relevance for businesses. It should not, however, cover the procedures leading to the constitution of companies or firms as legal entities as such procedures necessitate a comprehensive approach aimed at facilitating digital solutions throughout a company’s lifecycle. When businesses establish themselves in another Member State, they are required to register with a social security scheme and an insurance scheme in order to register their employees and pay contributions to both schemes. Those procedures are common for all businesses operating in any sector of the economy, and it is therefore appropriate to require that those two registration procedures are made available online. It is also appropriate for procedures related to taxation matters to be made available online as these procedures tend to represent one of the main obstacles to the cross-border operation of small and medium-sized enterprises in the Union.

Amendment 148 #

Ivan ŠTEFANEC

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. Such a requirement of full digitalisation should only apply where those procedures exist in the Member States. The "registration of business activity" is one of such procedures of particular relevance for businesses. It should not, however, cover the procedures leading to the constitution of companies or firms as legal entities as such procedures necessitate a comprehensive approach aimed at facilitating digital solutions throughout a company’s lifecycle. When businesses establish themselves in another Member State, they are required to register with a social security scheme and an insurance scheme in order to register their employees and pay contributions to both schemes. Those procedures are common for all businesses operating in any sector of the economy, and it is therefore appropriate to require that those two registration procedures are made available online.

Amendment 149 #

Othmar KARAS, Philippe JUVIN

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~~e "registration of business activity" is one of such procedures of particular relevance for businesses. It~~ is Regulation should not~~, however,~~ cover the procedures leading to the constitution of companies or firms as legal entities ~~as such procedures necessitate a comprehensive approach aimed at facilitating digital solutions throughout a company’s lifecycle~~or the registration of a business activity, including registration as a sole trader, a partnership or any other form that it is not a separate legal entity. When businesses establish themselves in another Member State, they are required to register with a social security scheme and an insurance scheme in order to register their employees and pay contributions to both schemes. Those procedures are common for all businesses operating in any sector of the economy, and it is therefore appropriate to require that those two registration procedures are made available online.

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, ~~in particular~~such as in the case of requesting or renewing passports or identity cards containing biometric data. Any such exception should not be discriminatory and should be limited to situations where no digital technology exists to achieve the purpose of completing the procedure. online and where it is absolutely necessary for the Member States to implement strict, indispensable, objectively justified and proportionate measures. This may, for example, be in the interest of public policy, general security, public health and the fight against fraud. In such exceptional cases, Member States should limit the physical presence of the user to what is strictly necessary. Any such exceptions should be notified to the Commission and should be discussed regularly and carefully reviewed for an improvement in the situation in the gateway coordination group together with good national practices and technical developments that would facilitate the further digitalisation of procedures.

Amendment 151 #

Marlene MIZZI

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, ~~in particular~~such as in the case of requesting or renewing passports or identity cards containing biometric data. Any such exception should be limited to what is proportionate, non-discriminatory, strictly necessary and objectively justified by an overriding reason of public interest relevant to the particular procedure and limited to situations where no digital technology exists to achieve the purpose of completing the procedure online. An overriding reason of public interest should be considered strictly necessary and objectively justified for the Member States if it serves the implementation of national measures, for instance in the interest of public policy, public security, public health and combatting fraud. In those exceptional circumstances, Member States should limit the physical presence of the user to what is strictly necessary, objectively justified and proportionate. Any such exceptions should be notified to the Commission and should be discussed and reviewed regularly in the gateway coordination group together with good national practices and technical developments that would facilitate the further digitalisation of procedures.

Amendment 152 #

Sabine VERHEYEN

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. ~~Any such exception should be limited to situations where no digital technology exists to achieve the purpose of the procedure.~~ Where technologies exist that could replace a personal appearance before an authority, for instance secure online communication such as live chats or video-conferencing, these should be used, unless that is contrary to the formal prerequisites of the law of the State in which the procedure is being conducted.

Amendment 154 #

Proposal for a regulation
Recital 19

Amendment 155 #

Proposal for a regulation
Recital 19

(19) In ~~some instances, given the current state of technical development~~the case of requesting or renewing passports or identity cards, it may still be necessary ~~for users of a~~as part of the online procedure for users 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~~for the explicit purpose of gathering biometric data, where these data are required for the issuance of the renewed documents. This exception should be limited to situations where no digital technology exists to achieve the purpose of the procedure.

Amendment 156 #

Proposal for a regulation
Recital 20

(20) This Regulation should not ~~interfere with the~~restrict Member States in their choice of procedure or in the granting of competencies tof national authorities ~~in different steps of any procedure, including~~and should not interfere with the procedural workflows within and between their competent authorities whether digitalised or 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 ~~and~~or semi-private entities or public bodies, such as chambers of commerce, including bilateral chambers of commerce, or non- governmental assistance services for citizens, under the conditions set out in this Regulation. In principle, competent authorities should be responsible for assisting citizens and businesses with any queries they have in relation to applicable rules and procedures that cannot be fully addressed by online services. However, in very specialised areas and where the service provided by private or semi-private bodies meets the users’ needs, Member States can propose to the Commission to include such services in the gateway, provided that they meet all conditions set out in the Regulation and do not duplicate the assistance or problem solving services already included.

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 ~~accessibility of~~overarching objective is to ensure that the 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 EU language of the Union. The translaservice is presented in a clear and user-friendly way. Therefore the information which is required to be displayed to the user should be presented at appropriate stages during the procedure. Member States should determine how and at what stage information is to be presented over the course of completion of~~rom~~ the ~~national language or languages into this other official language of the Union sh~~procedure in order to meet this objective. Large amounts of information presented prior to starting to use a service could lac~~curately~~k contextual refle~~ct the content of the information provided in the national language or languages~~vance and can hinder rather than support a user's ability to use the service and his or her confidence in that service.

Amendment 159 #

Maria GRAPINI, Sergio GUTIÉRREZ PRIETO, Lucy ANDERSON

Proposal for a regulation
Recital 25

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 ~~directly~~ between the ~~competent authorities concerned from different Member States, at the request of citizens and businesses~~actors involved in the procedure and across Member States, at the explicit request of citizens and businesses. Where the exchange of evidence includes the processing personal data, the request should be considered as explicit if it contains a freely given, specific, informed and unambiguous indication of the individual’s wish to have the relevant personal data exchanged, either by statement or by clear affirmative action. If the user is not the data subject, the online procedure should not affect his or her rights under Regulation (EU) 2016/679. The “'once-only' principle means that citizens and businesses should not have to supply the same ~~information~~data to public authorities more than once for the cross-border ~~exchange of evidence~~online procedures. Any exchange of evidence should have an appropriate separate legal basis for the technical system, such as in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU or for the procedures listed in Annex II, other applicable Union acts or national law. Where the exchange of evidence in accordance with these legal bases includes the processing of personal data, such processing shall be performed in accordance with Regulations (EU) 2016/679 and (EC) No 45/2001.

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 different Member States, atincluding upon the request of citizens and businesses. The “once-only" principle means that citizens and businesses should not have to supply the same information to public authorities more than once for the cross-border exchange of evidence and this principle implies that competent authorities should share evidence internally. As citizens and businesses in most cases would not be aware that the cross-border exchange of evidence can be enabled upon request, it should be explicitly prohibited for competent authorities to request evidence that has already been collected and stored in a database. The 'once only' principle should be implemented in full compliance with Regulation (EU) 2016/679, in particular on the basis of the user's consent, and with the principles of privacy and security by design. The user should in addition be able to access at any time the evidence as well as the information about the time, origin and purpose of a request to access such evidence.

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 ~~the~~establishing a secure technical system to exchange of evidence directly between the competent authorities concerned from different Member States, at the explicit request of citizens and businesses. The “once-only principle means that citizens and businesses should not have to supply the same information to public authorities more than once for the cross-border exchange of evidence.

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

(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 interconnection of national registers, the interconnection of central, commercial and company registers under Directive 2009/101/EC of the European Parliament and of the Council34and of insolvency registers under Regulation (EU) 2015/848 of the European Parliament and of the Council35. _________________ 33Directive 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). 34Directive 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 within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent (OJ L 258, 1.10.2009, p. 11–19). 35Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19– 72).deleted

Amendment 168 #

Virginie ROZIÈRE

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 within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent (OJ L 258, 1.10.2009, p. 11– 19). 35 Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19–72).

Amendment 169 #

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. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council36. _________________ 36Regulation (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).deleted

Amendment 170 #

Virginie ROZIÈRE, Lucy ANDERSON, Christel SCHALDEMOSE

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 #

Lucy ANDERSON, Virginie ROZIÈRE, Liisa JAAKONSAARI, Christel SCHALDEMOSE, Pina PICIERNO

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 problems that arise. In order to obtain adequate information for measuring the performance of the single digital gateway and to obtain the fullest possible overview of compliance with the quality criteria, the national coordinators should consult with all relevant national stakeholders and social partners. 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 the compliance with this Regulation.

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 problems that arise. The national coordinators should in addition supervise and monitor the functioning of the technical system enabling the cross- border exchange of evidence. 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 the compliance with this Regulation.

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 the compliance with this Regulation.

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,; which would include involving the gateway coordination group. This should not prejudge the overall responsibility of the Commission regarding the monitoring of the compliance with this Regulation.

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 2016.37. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States’ experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 37 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making, (OJ L 123, 12.5.2016, p. 1~~–14~~).

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 the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States’ experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 37 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making, (OJ L 123, 12.5.2016, p. 1–14).

Amendment 178 #

Franz OBERMAYR

Proposal for a regulation
Recital 36

(36) In order to lay down uniform rules on the method of recording and exchange of statistics, the Commission should be empowered to adopt implementing acts. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.deleted

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 of to assess the coverage and quality of the information, procedure or assistance and problem solving service which they have used. This feedback will be collected in a common tool to which the Commission, the competent authorities and the national coordinators should have access. In order to raise trust and ensure transparency for users, the feedback should be aggregated and made publicly available on the Commission website as well as on the gateway itself in the form of summarising reports at least twice a year. In order to ensure uniform conditions for implementation of this Regulation in relation to the functionalities of this user feedback tool and the modalities related to the collection ~~and~~, sharing and publication of the user feedback, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

Amendment 181 #

Proposal for a regulation
Recital 39

(39) A coordination group composed of the national coordinators and chaired by the Commission should be set up with a view to facilitate the application of this Regulation, in particular by exchanging best practices and working together to improve the consistency of the presentation of information as required by this Regulation. The work of the group should follow the objectives set out in the annual work programme.deleted

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 ~~two~~one years after the date of entry into force.

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 establishment and operation of a single digital gateway to provide ~~citizens and businesses with~~ easy access to high quality, comprehensive information, effective assistance and problem solving services and efficient procedures regarding Union and national rules ~~applicable to citizens and businesses~~; the single digital gateway shall support citizens, natural persons residing in a Member State or legal persons having a registered office in a Member State exercising or intending to exercise their rights derived from Union law in the field of the internal market, within the meaning of Article 26(2) TFEU;

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 Commission and the competent authorities in accordance with this Regulation. The gateway shall consist of a common user interface integrated in athe single portal 'Your Europe' managed by the Commission and shall link to relevant national and Union websites.

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 ~~common user interface integrated in a~~ single portal managed by the Commission and shall link to relevant national and Union websites.

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 ~~competent authoriti~~Member States in accordance with this Regulation. The gateway shall consist of a common user interface integrated in a single portal managed by the Commission and shall link to relevant national and Union websites.

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 those rights and comply with those obligations and rules specified in point (a);

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 ~~common user interface~~single portal referred to in paragraph 1 ~~("the common user interface")~~ shall be accessible in all official languages of the Union.

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 ~~eas~~user-friendly, online access to the following on their ~~national~~ webpages:

Amendment 202 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Member States shall ensure that users have ~~easy, online~~ access to the following on their national webpages:

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 users have ~~easy, online~~ access to the following in the single portal referred to in Article 2(1):

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

1. 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. 2. Member States shall ensure that users can complete the procedures listed in Annex II fully online. 3. 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. 4. 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. 5. 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 governed by this Regulation. 6. prevent Member States from offering users the additional possibility of accessing and completing procedures as referred to in Article 2(2)(b) by other means than an online channel.Article 5 deleted Access to procedures Member States shall ensure that The procedures, referred to in Where the objective pursued by a Nothing in this Article shall

Amendment 207 #

Proposal for a regulation
Article 5 – paragraph 1

1. Member States shall ensure that, where a procedure, referred to in Article 2(2)(b), and established at national level, by central State bodies or uniformly made available to all sub-central authorities can be accessed and completed online by users of that Member State, it can be also be accessed and completed by users of other Member States in a non-discriminatory way.

Amendment 208 #

Dennis de JONG

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, referred to in Article 2(2)(a) and (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.

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 #

Ivan ŠTEFANEC

2. Each Member States shall ensure that users can access and complete the procedures listed in Annex II fully online, where such procedures exist in the Member State concerned.

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 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 or by physical delivery, where required by Union or national law and where users are provided with an electronic notification of completion of the procedure.

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

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.deleted

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 ~~without~~online, Member States may requir~~ing~~e the user to appear in person before the competent authority ~~at some stage of the procedure~~for a procedural step. In these exceptional cases, 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. In implementing these requirements which require physical presence, Member States should ensure, that they are non- discriminatory. They shall notify such exceptions forthwith to the Commission and the single digital gateway coordination group and duly justify them.

Amendment 219 #

Proposal for a regulation
Article 5 – paragraph 4

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 easy, online access to assistance or problem solving services referred to in Article 2(2)(c)with no discrimination between individual citizens or undertakings.

Amendment 223 #

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).

Amendment 224 #

Proposal for a regulation
Article 6 – paragraph 3 – point b

(b) the service is offered free of charge ~~or at a price which is affordable for micro-enterprises or citizens~~;

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 ~~competent authoriti~~Member States and the Commission shall ensure that where, in accordance with Article 4 they are responsible for ensuring access to information as referred to in Article 2(2)(a) that information is clear and user-friendly and complies with the following requirements:

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

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 ~~well-structured and presented so~~presented in such a way that users can quickly find the information they need;

Amendment 232 #

Proposal for a regulation
Article 7 – paragraph 2

2. TIn cases where there is a significant user demand, the competent authorities shall provide the information in a~~t least one~~dditional official languages of the Union ~~in addition to the national language or, where applicable, the national languages~~as required.

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 have access to a clear and user-friendly explanation of the following elements of the procedures referred to in Article 2(2)(b) before having to authenticate and identify themselves prior to launching the procedure:

Amendment 236 #

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

1. The ~~competent authoriti~~Member States and the Commission shall, for the purposes of complying with Article 4, ensure that users have access to a clear and user-friendly explanation of the following elements of the procedures referred to in Article 2(2)(b) before having to identify themselves prior to launching the procedure:

Amendment 237 #

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 have access to a clear and user-friendly explanation of the following elements of the procedures referred to in Article 2(2)(b) before having to identify themselves prior to launching the procedure:

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 #

András GYÜRK

Proposal for a regulation
Article 8 – paragraph 1 – point f

(f) the estimated time required to complete the procedure ~~and~~, any applicable ~~deadlines;~~deadlines and, in the case of the lack of reply from the competent authority, any rules regarding tacit approval or the consequences thereof.

Amendment 241 #

Proposal for a regulation
Article 8 – paragraph 1 – point g

(g) ~~the language or, where applicable, the~~any additional languages in which the procedure can be carried out.

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. Where the explanation referred to in paragraph 1 is already made available for national users, it may be reused for the purposes of this Regulation, provided that it contains information in relation to the situation of non-national users, where applicableIn cases where there is a significant user demand, the competent authorities shall provide the explanation referred to in paragraph 1 in additional official languages of the Union as required.

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 ~~competent authoriti~~Member States and the Commission shall, for the purposes of complying with Article 4, ensure that users have access to a clear and user-friendly explanation of the following before submitting a request for a service as referred to in Article 2(2)(c):

Amendment 247 #

Proposal for a regulation
Article 9 – paragraph 1 – introductory part

1. The competent authorities ~~and the Commission~~ shall, for the purposes of complying with Article 4, ensure that users have access to a clear and user-friendly explanation of the following before submitting a request for a service as referred to in Article 2(2)(c):

Amendment 248 #

Proposal for a regulation
Article 9 – paragraph 1 – point b

(b) the name and contact details ofincluding at least a phone number, an email address or a chat function, of the entities responsible for the service;

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) ~~the language or, where applicable, the~~any additional languages in which the request can be submitted and which can be used in subsequent contacts.

Amendment 251 #

Proposal for a regulation
Article 9 – paragraph 2

2. TIn cases where there is a significant user demand, the competent authorities shall provide the explanation referred to in paragraph 1 in a~~t least one~~dditional official languages of the Union ~~in addition to the national language or, where applicable, the national languages~~, as required.

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 ~~competent authoriti~~Member States shall ensure that the following requirements are fulfilled in relation to the procedures referred to in Article 5(1) for which they are responsible:

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 #

András GYÜRK

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 ~~new~~final deadline is given.;

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

Cross-border access to online procedures 1. ensure that where the procedures referred to in Article 5(1) are offered online, at least the following requirements are met: (a) 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; (b) fields that only accept data in particular national formats; (c) users are able to identify themselves, sign and authenticate documents using electronic identification and authentication means, as provided for under Regulation (EU) 910/2014 of the European Parliament and of the Council, where identification and signature are required; (d) users are able to provide evidence of compliance with applicable requirements in electronic format; (e) 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. 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. 3. Competent authorities shall cooperate through the Internal Market Information system (IMI), established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council, where necessary to verify the authenticity of evidence submitted to them in electronic format by the user for the purpose of an online procedure. _________________ 40 Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22–37).Article 11 deleted The competent authorities shall users are able to access and users are not restricted by form where the completion of a

Amendment 260 #

Marlene MIZZI

Proposal for a regulation
Article 11 – paragraph 1 – introductory part

1. ~~The competent authoriti~~Member States shall ensure that where the procedures referred to in paragraph -1 of this Article ~~5(1)~~ are offered online, at least the following requirements are met:

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, where applicable, the national languages, unless they are regional or local procedures, which are not covered by Annex II;

Amendment 262 #

Proposal for a regulation
Article 11 – paragraph 1 – point a

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~~t least one~~ll official languages of the Union ~~other than the national language or, where applicable, the national languages~~;

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 onfive official languages of the Union other than the national language or, where applicable, the national languages;

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 ~~official~~working language of the ~~Union other than the national language or, where applicable, the national languages~~Commission;

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. _________________ 40 Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22–37).

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 270 #

Virginie ROZIÈRE, Christel SCHALDEMOSE, Lucy ANDERSON

Proposal for a regulation
Article 12

~~[...]~~deleted

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 #

Virginie ROZIÈRE, Lucy ANDERSON

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 evidence between competent authorities in different Member States ("the technical system") shall be established by the Commission in cooperation with the Member States.

Amendment 273 #

Proposal for a regulation
Article 12 – paragraph 2 – point d

(d) it shall en~~sure the confidentiality and integrity of the evidence;~~able the user to preview the evidence to be processed by the requesting authority; this preview shall be without prejudice to the information to be provided in accordance with Articles 13 and 14 of Regulation (EU) 2016/679.

Amendment 274 #

Marlene MIZZI

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~~sure that~~able the user ~~has the possibility to preview~~to access at any time the evidence sto ~~be exchanged~~red by a Member State and the time, origin and purpose of requests for access to evidence.

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. before it is made available to the requesting authority, and to withdraw the request for evidence to be exchange at any time;

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, ~~subject to~~in accordance with paragraph 2(d), make such evidence available through the same system. Where the consent of the user is necessary, Article 7 of Regulation (EU) 2016/679 and Regulation (EU) No 45/2001 shall apply. If the user is not the data subject, the online procedure shall not affect his or her rights under Regulation (EU) 2016/679.

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. TCompetent authorities shall not collect data from users that has already been collected by another competent authority as part of a request for evidence. Therefore the competent authorities responsible for online procedures referred to in paragraph 1 shall, ~~upon an explicit~~including upon 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.

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 #

Othmar KARAS, Sabine VERHEYEN, Philippe JUVIN

Proposal for a regulation
Article 12 – paragraph 6

6. The evidence made available ~~by a~~to the requesting 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. When the consent of the user is required for the processing of personal data, that consent shall be obtained in accordance with Regulations (EU) 2016/679 and (EU) No 45/2001.

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. TBy ... [one year after the entry into force of this Regulation], the Commission shall adopt implementing acts to set out the technical, organisational and operational specifications of the technical system necessary for the implementation of this Article. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 34(2).

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

Quality requirements related to assistance and problem solving services The competent authorities and the Commission shall ensure that the services listed in Annex III and the services that have been included in the gateway in accordance with Article 6(2), (3) and (4) comply with the following quality requirements: (a) competent authorities in the course of the service are respected; (b) in case of non-compliance with applicable deadlines, users are informed in advance of the reasons thereof and a new deadline is given; (c) requires a payment, users are able to pay any fees online through a cross-border payment services including, at a minimum, credit transfers or direct debits as specified in Regulation (EU) No 260/2012.Article 13 deleted any deadlines applying to where the provision of a service

Amendment 295 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

The competent authorities ~~and the Commission~~ shall ensure that the services listed in Annex III and the services that have been included in the gateway in accordance with Article 6(2), (3) and (4) comply with the following quality requirements:

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 ~~new~~final deadline is given;

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 ~~and the Commission~~ shall 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 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 ~~may~~shall take ~~any~~one or more of the following measures having regard to the seriousness and persistence of the deterioration:

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 common user interface.

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 ~~and t~~by which the gateway shall be known and promoted to the general public shall be the English designation 'Your Europe', the same name as the existing portal. The logo by which the gateway shall be known and promoted to the general public~~, wi~~ shall be decided by the Commission in close cooperation with the gateway coordination group, at the latest by the date of application of this rRegulation.

Amendment 314 #

Proposal for a regulation
Article 19 – paragraph 1

1. The name ~~and the logo~~ by which the gateway shall be known and promoted to the general public~~, wi~~ shall be "Your Europe". The logo of the gateway shall be decided by the Commission in close cooperation with the gateway coordination group, at the latest by the date of application of this regulation.

Amendment 315 #

Proposal for a regulation
Article 19 – paragraph 1

1. The name and the logo by which the gateway shall be known ~~and promoted to the general public, wi~~shall be decided by the Commission in close cooperation with the gateway coordination group, at the latest bysix months after the datey of ~~application~~entry into force of this regulation.

Amendment 316 #

Proposal for a regulation
Article 19 – paragraph 2

2. ~~The name of the gateway also serves as a quality label which may only be used in that sense by i~~Information websites and assistance and problem solving services included in the repository referred to in Article 16 ~~as proof of~~shall only be permitted to use the name of the gateway if they adhere~~nce~~ to the quality requirements referred to in Chapter III.

Amendment 317 #

Proposal for a regulation
Article 20 – paragraph 1

1. The competent authorities ~~and the Commission~~, the Member States, the Commission and the European Parliament shall promote the awareness and the use of the gateway amongst citizens and businesses and shall ensure the accessibility and visibility of the gateway and its services through search engines accessible to the public.

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 ~~and~~, its services ~~through search engines accessible to the public~~and the information made available through it.

Amendment 319 #

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 and its services through search engines accessible to the public.

Amendment 320 #

Proposal for a regulation
Article 20 – paragraph 2

2. The competent authorities and the Commission shall coordinate their promotion activities referred to in paragraph 1 and shall refer to the gateway using its logo and reference in such activities together with any other brand names as appropriate.deleted

Amendment 321 #

Proposal for a regulation
Article 20 – paragraph 2

2. The ~~competent authoriti~~Member States and the Commission shall coordinate their promotion activities referred to in paragraph 1 and shall refer to the gateway using its logo and reference in such activities together with any other brand names as appropriate.

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 ~~competent authoriti~~Member States 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 in all relevant websites.

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 #

Edward CZESAK

Proposal for a regulation
Article 21 – paragraph 3

3. The Commission ~~is empowered to adopt delegated acts~~ shall, by means of implementing ac~~cordance with Article 34 concerning~~ts, specify 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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 35(2).

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 services provided within the gateway, the Commission shall provide users through the gateway with a user-friendly tool containing a text box allowing them to comment anonymously, immediately after using any of the services referred to in Article 2(2), on the quality and availability of the services provided through the gateway and of the common user interface.

Amendment 330 #

Lucy ANDERSON, Virginie ROZIÈRE, Liisa JAAKONSAARI, Christel SCHALDEMOSE, Pina PICIERNO

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 ~~referred to in Article 2(2)(a) and instructions for completing procedures referred to in Article 11(1)(a),~~in accordance with Article 9a into an official language of the Union, other than the national language.

Amendment 341 #

Proposal for a regulation
Article 32

Article 32 deleted The Internal Market Information System 1. System established by Regulation (EU) No 1024/2012 shall be used for the purposes of Article 11(4). 2. The Commission may decide to use IMI as an electronic repository of links as provided for in Article 16(1).

Amendment 342 #

Edward CZESAK

Proposal for a regulation
Article 33 – paragraph 1

By four years after the entry into force of this Regulation and once every ~~two~~five years thereafter, the Commission shall review the application of this Regulation and submit to the European Parliament and the Council an assessment report on the functioning of the gateway and on the functioning of the internal market on the basis of the statistics and feedback collected in accordance with Articles 21, 22 and 23. The review will, in particular, evaluate the scope of Article 12 of this Regulation taking into account technological, market and legal developments concerning the exchange of evidence between competent authorities.

Amendment 343 #

Proposal for a regulation
Article 33 – paragraph 1

By ~~four~~two years after the entry into force of this Regulation and once every two years thereafter, the Commission shall review the application of this Regulation and submit to the European Parliament and the Council an assessment report on the functioning of the gateway and on the functioning of the internal market on the basis of the statistics and feedback collected in accordance with Articles 21, 22 and 23. The review will, in particular, evaluate the scope of Article 12 of this Regulation taking into account technological, market and legal developments concerning the exchange of evidence between competent authorities.

Amendment 344 #

Franz OBERMAYR

Proposal for a regulation
Article 34 – paragraph 1

~~1. The power to adopt~~ delegated ~~act is conferred on the Commission subject to the conditions laid down in this Article.~~

Amendment 345 #

Franz OBERMAYR

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 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 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 ~~draw up~~publish a report in respect of the delegation of power not later than nine months before the end of the 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 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 Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment 350 #

Proposal for a regulation
Article 37 – paragraph 2

Article 2, Articles 4 ~~to 11, Article 12(1) to (6) and (8~~, Article 6, Article 7, Article 9, Article 12(7), 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 [two years after entry into force of this Regulation]. Article 5, Article 8, Article 10, Article 11, Article 12 (1 to 6 and 8) shall apply from [three years after entry into force of this Regulation].

Amendment 351 #

Lucy ANDERSON, Virginie ROZIÈRE, Liisa JAAKONSAARI, Christel SCHALDEMOSE, Pina PICIERNO

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 [~~two~~one years after entry into force of this Regulation].

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 ~~(marriage~~without discrimination on the basis of sexual orientation (marriage, civil/registered partnership, separation, divorce, marital property rights, the rights of cohabitants)

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 ~~in cross-border situation~~’ rights

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 ~~goods and~~or renting goods, digital content, properties or services from another Member State (including financial), on-line or in person

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 ~~from another Member State~~ (including financial), on-line or in person

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 ~~in another Member State~~

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 INFORMATION REGARDING RIGHTS, OBLIGATIONS AND RULES Citizens’ and • filing administrative and judicial petitions residents’ rights • filing of petitions to public institutions • gender recognition

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 Procedures Expected output Birth Requesting a birth certificate Birth certificate Applying for a study grant Decision regarding the Studying from a public institution application for a grant Registering for social security Acknowledgement of receipt Working benefits Requesting recognition of Decision on the request for ~~diploma recognition~~ diploma recognition Recognition of professional Decision on the request for qualification recognition Declaring income taxes Confirmation of receipt of declaration Registering a change of Confirmation of the Moving address registration of the new address Requesting/renewing ID card Issue or renewal of an ID card or passport or a passport Registering a motor vehicle Registration certificate Claiming pension and pre- Decision regarding the claim Retiring retirement benefits from for a pension or pre-retirement public or semi-public schemes benefits ~~Starting a~~ General registration of and Confirmation of the ~~business~~ ~~business activity, excluding~~ notification requirements of completion of all steps ~~procedures concerning the~~ business activity, permissions necessary to start operating as ~~constitution of companies or a business firms within the meaning of the second paragraph of Article 54 TFEU~~ of business activity, changes a business of business activity and the termination of a business Starting a activity without insolvency or business liquidation procedures excluding procedures concerning the constitution of companies or firms within the meaning of the second paragraph of Article 54 TFEU VAT registration VAT registration number Registration for income tax Tax registration number Registration of an employer (a Social security registration natural person) with public or number semi-public pension and insurance schemes Registration of employees Social security registration with public or semi-public number pension and insurance schemes Notification to the social Confirmation of the receipt of Doing business security schemes of the end of the notification contract with an employee Payment of social Receipt or other form of contributions for employees confirmation of payment of social contributions for employees Registration and notification Confirmation of completion of posting of workers of all steps necessary to post a worker Notification of cessation of Confirmation of the receipt of activity subject to VAT the notification VAT returns Receipt of the VAT return Corporate/business tax Confirmation of the receipt of declaration the declaration

Amendment 390 #

Proposal for a regulation
ANNEX II – table

Life events Procedures Expected output Birth Requesting a birth certificate Birth certificate Applying for a study grant Decision regarding the Studying from a public institution application for a grant Enrolling in a public Decision on enrolment university Requesting certificate of Issue of certificate in an diploma, certificates of electronic format qualifications Registering for social security Acknowledgement of receipt Working benefits Requesting recognition of Decision on the request for diploma recognition Declaring income taxes Confirmation of receipt of declaration Registering a change of Confirmation of the Moving address registration of the new address Requesting/renewing ID card Issue or renewal of an ID card ~~or passport or a passport~~ or passport. Physical presence or a passport may only be requested for the provision of biometrics data Registering a motor vehicle . Registration certificate Physical presence may only be requested for the first registration or if necessary to perform checks on the vehicle Claiming pension and pre- Decision regarding the claim Retiring retirement benefits from for a pension or pre-retirement public or semi-public schemes benefits Requesting data on the Confirmation of the user’s situation of the pension pension account balance account statement General registration of Confirmation of the business activity, excluding completion of all steps procedures concerning the necessary to start operating as Starting a constitution of companies or a business business firms within the meaning of the second paragraph of Article 54 TFEU,including amending registry data Registration of an employer (a Social security registration natural person) with public or number semi-public pension and insurance schemes Registration of employees Social security registration with public or semi-public number pension and insurance schemes Registering or renewing an Confirmation of the Internet domain name registration or renewal of the domain name VAT registration VAT registration number Notification to the social Confirmation of the receipt of Doing business security schemes of the end of the notification contract with an employee VAT returns Receipt of VAT returns Declaring corporate/business Confirmation of the receipt of taxes the declaration Notification of cessation of Confirmation of the receipt of activity subject to VAT the notification Payment of social Receipt or other form of contributions for employees confirmation of payment of social contributions for employees

Amendment 391 #

Edward CZESAK

Proposal for a regulation
ANNEX II – table

Life events Procedures Expected output ~~Birth~~ Requesting a ~~birth certificate Birth~~proof of Birth certificate or a proof of Birth registration of birth registration of birth Requesting a residence Proof of registration and Residence certificate residence Applying for a study grant Decision regarding the Studying from a public ~~institution~~body or application for a grant institution Registering for social security Acknowledgement of receipt Working benefits Requesting recognition of Decision on the request for diploma recognition Registering a change of Confirmation of the ~~Moving~~ address registration of the new address Moving ~~Requesting/renewing ID card Issue or renewal of an ID~~ and de-registration of the ~~or passport~~ previous address ~~card or a passport~~ deleted deleted Registering a motor vehicle RProof of registration ~~certificate~~of a Claiming pension and pre- Decision regarding the claim retirement benefits from for a pension or pre-retirement Retiring public or semi-public benefits originating from or already motor vehicle registered in an EU Member State, in standard ~~schemes~~procedures1a ~~General registration of~~ Claiming pension and pre- Confirmation of the receipt of ~~business activity, exclud~~retirement benefits from the claim or decision Retiring completion of all steps procedures concerning the necessary to start operating Starting a constitution of companies or as a business business firms within the meaning of the second paragraph ofulsory schemes regarding the claim for a pension or pre-retirement benefits Starting a deleted ~~Article 54 TFEU~~ deleted business Registration of an employer (a ~~Social security~~Confirmation of registration natural person) with ~~public or number~~ or Social security registration ~~semi-public~~compulsory pension and number insurance schemes Registration of employees Social security registration with public or semi-public number pension and insurance schemes, excluding procedures for the collective termination of the employee contracts Notification to the social Confirmation of the receipt of Doing business security schemes of the end of the notification contract with an employee Payment of social Receipt or other form of ~~confirmation of payment of contributions for employees social contributions for employees~~ contributions for employees confirmation of payment of social contributions for employees _______________ 1a Thiscovers the following vehicles: (a) any motor vehicle or trailer as referred to in Article 3 of Directive 2007/46/EC of the European Parliament and of the Council (OJ L263, 9.10.2007, p.1) and (b) any two or three- wheel motor vehicle, whether twin-wheeled or otherwise, intended to travel on the road, as referred to in Article 1 of Directive 2002/24/EC of the European Parliament and of the Council OJ L 124, 9.5.2002, p.1).

Amendment 392 #

Proposal for a regulation
ANNEX II – table

Life events Procedures Expected output ~~Birth~~ Birth Requesting a birth certificate Birth certificate Applying for a study grant Decision regarding the Studying from a public institution application for a grant Enrolling in university Confirmation of enrolment Registering for social security Acknowledgement of receipt Working benefits Requesting recognition of Decision on the request for diploma recognition Registering a change of Confirmation of the Moving address registration of the new address Requesting/renewing ID card Issue or renewal of an ID card or passport or a passport Registering a motor vehicle Registration certificate Requesting/renewing Issue or renewal of a residence card residence card Claiming pension and pre- Decision regarding the claim Retiring retirement benefits from for a pension or pre-retirement public or semi-public schemes benefits General registration of Confirmation of the business activity, excluding completion of all steps procedures concerning the necessary to start operating as Starting a constitution of companies or a business business firms within the meaning of the second paragraph of Article 54 TFEU Registration of an employer (a Social security registration natural person) with public or number semi-public pension and insurance schemes Registration of employees Social security registration with public or semi-public number pension and insurance schemes Notification to the social Confirmation of the receipt of Doing business security schemes of the end of the notification contract with an employee Payment of social Receipt or other form of contributions for employees confirmation of payment of social contributions for employees Obtaining highway toll Receipt of toll or emissions Vehicles stickers or emissions stickers stickers

Amendment 393 #