Changes from report parliamentary committee draft to plenary report

Added(b) the specific innovation issues at stake and the guidance that is expected from the authorities supervising the innovation sandbox;

Added(c) the specific modalities of the collaboration between the participants and the supervisory authorities, as well as any other actor involved in the innovation sandbox;

Added(d) a risk management and monitoring mechanism to identify, prevent and mitigate any risk;

Added(e) the key milestones to be completed by the participants for the interoperability solution to be considered ready to be put into service;

Added(f) evaluation and reporting requirements and possible follow-up;

Added(g) where it is strictly necessary and proportionate to process personal data, the reasons for such processing, an indication of the categories of personal data concerned, the purposes of the processing for which the personal data are intended, the controllers, processors and recipients involved in the processing and their role.

Added4. The participation in the innovation sandboxes shall not affect the supervisory and corrective powers of any authorities supervising the sandbox.

Added5. Participants in the innovation sandbox shall remain liable under applicable Union law and Member States legislation on liability for any damage caused in the course of their participation in the innovation sandbox.

Added6. Personal data may only be processed in the innovation sandbox subject to the following cumulative conditions:

Added(a) the innovative interoperability solution is developed for safeguarding public interests in the area of a high level of efficiency and quality of public administration and public services;

Added(b) the data processed is limited to what is necessary for the functioning of the interoperability solution to be developed or tested in the sandbox, and the functioning cannot be effectively achieved by processing anonymised, synthetic or other non-personal data;

Added(c) there are effective monitoring mechanisms to identify if any high risks to the rights and freedoms of the data subjects, as referred to in Article 35(1) of Regulation (EU) 2016/679 and in Article 39 of Regulation (EU) 2018/1725, may arise during the operation of the sandbox, as well as a response mechanism to promptly mitigate those risks and, where necessary, stop the processing;

Added(d) any personal data to be processed are in a functionally separate, isolated and protected data processing environment under the control of the participants and only duly authorised persons have access to that data;

Added(e) any personal data processed are not to be transmitted, transferred or otherwise accessed by other parties that are not participants in the sandbox nor transferred to parties other than the participants of the sandbox;

Added(f) ▌ the application of the rights of the data subjects as provided for under Union law on the protection of personal data, ▌is fully ensured by participants in the sandbox, including through appropriate technical and organisational arrangements;

Added(fa) personal data are not processed for purposes other than those for which the personal data were initially collected;

Added(g) any personal data processed are protected by means of appropriate technical and organisational measures and deleted once the participation in the sandbox has terminated or the personal data has reached the end of its retention period;

Added(h) the logs of the processing of personal data are kept for the duration of the participation in the sandbox and for a limited period after its termination solely for the purpose of and only as long as necessary for fulfilling accountability and documentation obligations under Union or Member States legislation;

Added(i) a complete and detailed description of the process and rationale behind the training, testing and validation of the interoperability solution is kept together with the testing results as part of the technical documentation and transmitted to the Interoperable Europe Board;

Added(j) a short summary of the interoperability solution developed in the sandbox, its objectives and expected results are made available on the Interoperable Europe portal.

Added7. The participating public sector bodies or Union institutions, bodies, offices and agencies shall submit periodic reports and a final report to the Interoperable Europe Board and the Commission on the results from the innovation sandboxes, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the development of this Regulation and other Union legislation supervised within the innovation sandbox. The Interoperable Europe Board shall issue an opinion to the Commission on the outcome of the innovation sandbox, specifying, where applicable, the actions needed to implement new interoperability solutions to promote the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically.

Added8. The Commission shall ensure that information on the innovation sandboxes is available on the Interoperable Europe portal.

Added9. The Commission is empowered to adopt implementing acts to set out the detailed rules and the conditions for the establishment and the operation of the innovation sandboxes, including the eligibility criteria and the procedure for the application for, selection of, participation in and exiting from the sandbox, and the rights and obligations of the participants.

Added10. Where a innovation sandbox involves the use of artificial intelligence, the rules set out under Article 53 and 54 of the [proposal for a] Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts shall prevail in case of conflict with the rules set out by the Regulation.

AddedTraining

Added1. The Commission, assisted by the Interoperable Europe Board, shall provide training material on the use of the EIF and on Interoperable Europe solutions, including on free and open source solutions. Public sector bodies and institutions, bodies and agencies of the Union shall provide their staff entrusted with strategical or operational tasks having an impact on network and information systems in the Union with appropriate training programmes concerning interoperability issues.

Added2. The Commission shall organise free of charge training courses on interoperability issues at Union level to enhance cooperation and the exchange of best practices between the staff of public sector bodies, institutions, bodies and agencies of the Union. The courses targeted at decision-makers and practitioners shall be announced in all official languages of the institutions of the Union on the Interoperable Europe portal ▌.

AddedAll public sector employees shall have access to the training resources made available by the Commission in order to ensure a broad understanding of the benefits, implications and uses of interoperability. These may consist of online information sessions, video tutorials, and workshops, amongst others. The Commission shall put in place a strategy to promote and further extend its training offer, including by developing partnerships with national, regional and local authorities and supporting their training activities.

AddedPeer reviews

Added1. A voluntary mechanism for cooperation between public sector bodies designed to support them to implement Interoperable Europe solutions in their network and information systems and to help them perform the interoperability assessments referred to in Article 3 (‘peer review’) shall be established.

Added2. The peer review shall be conducted by interoperability experts drawn from Member States other than the Member State where the public sector body undergoing the review is located. The Commission may, after consulting the Interoperable Europe Board, adopt guidelines on the methodology and content of the peer-review.

Added3. Any information obtained through a peer review shall be used solely for that purpose. The experts participating in the peer review shall not disclose any sensitive or confidential information obtained in the course of that review to third parties. The Member State concerned shall ensure that any risk of conflict of interests concerning the designated experts is communicated to the other Member States and the Commission without undue delay.

Added4. The experts conducting the peer review shall prepare and present within one month after the end of the peer review a report and submit it to the public sector body concerned and to the Interoperable Europe Board. The reports shall be published on the Interoperable Europe portal when authorised by the Member State where the public sector body undergoing the review is located.

AddedInteroperable Europe Board

Added1. The Interoperable Europe Board is established. It shall facilitate strategic cooperation and the exchange of information on cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union.

Added2. The Interoperable Europe Board shall be composed of:

Added(a) one representative of each Member State;

Added(b) one representative designated by ▌:

Added(i) the Commission;

Added(ia) the European Parliament;

Added(ii) the Committee of the Regions;

Added(iii) the European Economic and Social Committee;

Added(iiia) the EU Cybersecurity Agency (ENISA).

Added2a. The European Cybersecurity Competence Centre and Network shall participate as an observer.

Added3. The Interoperable Europe Board shall be chaired by the Commission. Countries participating in the European Economic Area and candidate countries may be invited as observers. In addition, the Chair may give the status of observer to individuals, regions and organisations after consultation with the Interoperable Europe Board. The Chair may invite to participate, on an ad hoc basis, experts with specific competence in a subject on the agenda. The Commission shall provide the secretariat of the Interoperable Europe Board.

AddedThe members of the Interoperable Europe Board shall make every effort to adopt decisions by consensus. In the event of a vote, the outcome of the vote shall be decided by absolutemajority of itsmembers. The members who have voted against or abstained shall have the right to have a document summarising the reasons for their position annexed to the opinions, recommendations or reports.

Added4. The Interoperable Europe Board shall have the following tasks:

Added(a) support with technical expertise and advice on the implementation of ▌ interoperability frameworks of the Member States and of the institutions, bodies and agencies of the Union and other relevant Union and national policies, strategies or guidelines, including 'digital-by-default' principle and 'interoperability-by-design' approach;

Added(aa) complement and coordinate efforts in order to achieve a more effective and efficient use of resources;

Added(b) adopt guidelines on the content of the interoperability assessment referred to in Article 3(6);

Added(ba) adopt guidelines on sharing the interoperability solutions referred to in Article 4;

Added(c) propose measures to foster the share and reuse of interoperable solutions;

Added(d) monitor the overall coherence of the developed or recommended interoperability solutions, on national, regional and local level;

Added(e) propose to the Commission measures to ensure, where appropriate, the compatibility of interoperability solutions with other interoperability solutions that share a common purpose, while supporting, where relevant, the complementarity with or transition to new technologies;

Added(f) develop the EIF and update it, if necessary, and propose it to the Commission;

Added(g) assess the alignment of the specialised interoperability frameworks with the EIF and answer the request of consultation from the Commission on those frameworks;

Added(h) approve guidelines for awarding the Interoperable Europe label and recommend Interoperable Europe solutions;

Added(i) propose to the Commission to publish on the Interoperable Europe portal the interoperability solutions referred to in Article 8(2), or to have them referred to on the portal;

Added(j) propose to the Commission to set up policy implementation support projects and innovation measures and other measures that the Interoperable Europe Community may propose;

Added(ja) propose guidelines that foster the integration of interoperable solutions in public procurement and tenders;