Changes from plenary report to adopted text

RemovedDRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

AddedP9_TA(2024)0060

Changedon the proposal for a regulation of the European Parliament and of the Council laying down measuresMeasures for a high level of public sector interoperability across the Union (Interoperable Europe Act)

Removed(COM(2022)0720 – C90387/2022 – 2022/0379(COD))

AddedCommittee on Industry, Research and Energy

AddedPE745.497

AddedEuropean Parliament legislative resolution of 6 February 2024 on the proposal for a regulation of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act) (COM(2022)0720 – C9-0387/2022 – 2022/0379(COD))

▸5 unchanged paragraphs

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0720),

– having regard to Article 294(2) and Article 172 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90387/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Changed– having regard to the opinion of the European Economic and Social Committee of 2322 March 2023,

– having regard to the opinion of the Committee of the Regions of 24 May 2023,

Added– having regard to the provisional agreement approved by the responsible committee under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 22 November 2023 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

▸6 unchanged paragraphs

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinions of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on the Internal Market and Consumer Protection,

– having regard to the report of the Committee on Industry, Research and Energy (A9-0254/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

RemovedAMENDMENTS BY THE EUROPEAN PARLIAMENT*

AddedP9_TC1-COD(2022)0379

Removedto the Commission proposal

AddedPosition of the European Parliament adopted at first reading on 6 February 2024 with a view to the adoption of Regulation (EU) 2024/… of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act)

Removed---------------------------------------------------------

Added(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/903).

RemovedREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Removedof

Removedlaying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act)

RemovedTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

RemovedHaving regard to the Treaty on the Functioning of the European Union, and in particular Article 172 thereof,

RemovedHaving regard to the proposal from the European Commission,

RemovedAfter transmission of the draft legislative act to the national parliaments,

RemovedHaving regard to the opinion of the European Economic and Social Committee,

RemovedHaving regard to the opinion of the Committee of the Regions,

RemovedActing in accordance with the ordinary legislative procedure,

RemovedWhereas:

Removed(1) It is necessary to strengthen the development of cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, to allow public administrations in the Union to cooperate and make public services function across borders. The existing informal cooperation should be replaced with a clear legal framework to enable interoperability across different administrative levels and sectors and to facilitate seamless cross-border data flows for truly European digital services that strengthen the single market, while respecting the principle of subsidiarity. Public sector interoperability has an important impact on the right to free movement of goods and services, capital and citizens laid down in the Treaties, as burdensome administrative procedures can create significant obstacles, especially for small and medium-sized enterprises (‘SMEs’).

Removed(1a) Cross-Border cooperation between public administrations in Member States can address common challenges in the border regions and ensure interoperability and seamless cross-border data flows, while allowing citizens and businesses to access tools that facilitate democratic processes and growth.

Removed(2) Member States and the Union have been working for more than two decades to support the modernisation of administrations through digital transformation and foster the deep interconnections needed for a truly European digital space. The use of electronic data should be considered as an important strategic activity and policy to improve the public sector connection. The communication from the Commission ‘2030 Digital Compass: the European way for the Digital Decade’ (COM(2021) 118) underlines the need to speed up the digitalisation of public services by 2030, including by ensuring interoperability across all levels of government and across public services. Additionally, the Digital Decade Policy Programme4a gives a clear target of 100% online accessible provision of key public services for Union citizens and businesses by 2030. Furthermore, the COVID-19 pandemic increased the speed of digitalisation, pushing public administrations to adapt to the online paradigm, including for cross-border digital public services, as well as for the smarter and greener use of technologies in accordance with the climate and energy targets set in the European Green Deal and the Regulation (EU) 2021/1119 of the European Parliament and of the Council. This Regulation aims to significantly contribute to these Union goals and to further enhance Europe's digital sovereignty by creating a structured cooperation framework on cross-border interoperability amongst Member States and the Commission to support the setup of digital public services, helping to reduce cost and time for citizens, businesses and for the public sector.

Removed(2b) The development of cross-border organisational, semantic and technical interoperability set out in this Regulation should in particular focus on legal interoperability, in order to facilitate the necessary swift access of businesses and citizens to legal information, faster procedures and services, which is crucial for the reduction of expensive administrative obstacles and for the strengthening of the proper functioning of the single market and the associated freedoms of movement.

Removed(3) The new governance structure should have a legal mandate to drive the further development of the European Interoperability Framework and other common interoperability solutions, such as specifications and applications.

RemovedLocal and regional authorities should have an active role in decisions related to interoperable solutions, including on design, financing and implementation. They should also seek to involve SMEs, research and educational organisations and civil society. To this end, local and regional authorities may conduct direct consultations with citizens, business, in particular SMEs and share the results of the consultations with the Interoperable Europe Board and the Interoperable Europe community.

RemovedFurthermore, this Regulation should establish a clear and easily recognisable label for some interoperability solutions. ▌

Removed(4) It is in the interest of a coherent approach to public sector interoperability throughout the Union, of supporting the principle of good administration and the free movement of personal and non-personal data within the Union, to align the rules as far as possible for all public sectors that are controllers or providers of network and information systems used to facilitate or manage public services. In the establishment, improvement or operation of common solutions all initiatives should, where appropriate, build on or be accompanied by the sharing of experience and solutions and the exchange and promotion of good practices, technological neutrality and adaptability, while principles of security, privacy and protection of personal data should always be applied. This objective includes the Commission and other institutions, bodies and agencies of the Union, as well as public sector bodies in the Member States across all levels of administration: national, regional and local. Agencies are playing an important role in collecting regulatory reporting data from Member States. Therefore, the interoperability of this data - should also be in scope of this Regulation.

Removed(4a) Public bodies, Union institutions, bodies, offices and agencies should pursue the development of interoperability solutions in a holistic manner that ensures data quality, transparency and data protection. In this context, self-governing IT solutions should be incentivised.

Removed(4b) Interoperability solutions and exchanges of data should also be designed and used taking into account the confidentiality principles which pertain to fundamental rights.

Removed(4c) In the pursuit of cross-border interoperability and the digital public services infrastructure, it is crucial to safeguard the privacy and protection of personal data. The interoperability measures established under this Regulation should be designed and implemented in a manner that respects the principles of data protection rules.

Removed(5) Cross-border interoperability is not solely enabled via centralised Member State digital infrastructures, but also through a decentralised approach. This entails a strong connection of trust between public administrations and a constant data exchange between local administrations in different Member States without necessarily going through national nodes. Therefore, it is necessary to develop common solutions across all administrative levels, particularly for specifications and applications. Needs for cross-border digital interactions are increasing, which requires solutions that can fulfil these needs. With this Regulation, the intention is to facilitate and encourage the exchange between all levels of administration, overcome cross-border barriers and administrative burden, consolidate more efficient public services at the European level.

Removed(6) Interoperability facilitates successful implementation of policies, in particular those with a strong public sector connection, such as justice and home affairs, taxation and customs, transport, energy, health, agriculture, and employment, as well as in business and industry regulation. However, a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will give rise to new electronic barriers that impede the proper functioning of the internal market and the associated freedoms of movement. Furthermore, it risks undermining the openness and competitiveness of markets and the delivery of services of general interest to businesses and citizens. Therefore, this Regulation should also facilitate, encourage and apply to cross-sector interoperability removing electronic barriers, public service incompatibilities and fragmentation.

Removed(6a) Without prejudice to the interoperability and digitalisation of key public services and services which depend crucially on digital technologies, offline accessibility of services should nevertheless be maintained while transitioning to digital and interoperable tools, in the interests of the most vulnerable, less digitally-skilled population.

Removed(6b) Interoperable key public services should contribute to achieving solutions that have positive effects on citizens’ everyday life and their wellbeing, advancing transparency, accessibility and good-quality public services based on a highly competitive social market economy, in accordance with the European Pillar of Social Rights.

Removed(7) In order to eliminate fragmentation in the interoperability landscape in the Union, a common understanding of interoperability in the Union and a holistic approach to interoperability solutions should be promoted. A structured cooperation should support measures promoting digital-ready and interoperable by default policy set-up. Furthermore, it should promote the efficient management and use of digital service infrastructures and their respective components by public sector bodies and institutions, bodies and agencies of the Union that permit the establishment and operation of sustainable and efficient cross-border public services with the aim of ensuring accessibility up to the lowest administrative division.

Removed(8) To set up cross-border interoperable public services, it is important to focus on the interoperability aspect as early as possible in the policymaking process following the 'digital-by-default' principle and 'interoperability-by-design' approach. Therefore, the public organisation that intends to set up a new or to modify an existing network and information system that is likely result in high impacts on the cross-border interoperability, should carry out an interoperability assessment. This assessment is necessary to understand the magnitude of impact of the planned action and to propose measures to reap up the benefits and address potential costs. In order to ensure the smooth implementation of the interoperability assessment, the Interoperable Europe Board should publish specific guidelines on which services are covered by the directive. In cases where an interoperability assessment is mandatory, the Commission should take steps to ensure that local and regional authorities do not incur any disproportional additional costs, amongst others by making financial resources available. The interoperability assessment should be mandatory in three cases, which are in scope for cross-border interoperability. In other situations, the public organisations may decide to carry out the interoperability assessment on a voluntary basis.

Removed(8a) One of the barriers for interoperability, reuse of solutions and establishment of cross border services is the language barrier, therefore standardisation of logical structures is a key aspect in the creation of interoperable systems. In that regard special care must be given to multilingualism in the public service sector and linguistic diversity, aiming to facilitate the use and preservation of regional languages and dialects.

Removed(9) Under some circumstances it may also be reasonable and economical for the subject of an interoperability assessment to be broader than a single project, for example when public sector bodies intend to establish a common application or processing platform. In those other cases, the assessment should be strongly encouraged to go beyond the achievement of the Interoperable Europe objectives towards a full implementation of interoperability. The Interoperable Europe Board when adopting the guidelines on the content of the interoperability assessment, should, amongst other elements, take into account the capacity of regional and local public bodies and avoid an excessive burden for such authorities.

Removed(10) The interoperability assessment should evaluate the impacts of the planned action on cross-border interoperability of network and information system, for example, having regard to the origin, nature, particularity and scale of those impacts. The outcome of that assessment should be taken into account when determining the appropriate measures that need to be taken in order to set up or modify the network and information system.

Removed(11) The organisation should publish the outcome of the interoperability assessment on its website and share it electronically with the Commission for publication on the Interoperable Europe portal. The publication of the outcome should not compromise intellectual property rights or trade secrets, and should be restricted where justified on the grounds of public order or security. The provisions of Union law governing the protection of personal data should be observed.

Removed(12) Public sector bodies or institutions, bodies or agencies of the Union that search for interoperability solutions should be able to request from other public sector bodies or institutions, bodies or agencies of the Union the software code those organisations use, together with the related documentation. Sharing should become a default among public sector bodies, and institutions, bodies and agencies of the Union while not sharing would need a legal justification. In addition, public sector bodies or institutions, bodies, or agencies of the Union should seek to develop ▌or to further develop existing interoperability solutions. That should prioritize solutions that do not carry restrictive licensing terms.