REPORT on the proposal for a decision of the European Parliament and of the Council establishing a programme on interoperability solutions for European public administrations, businesses and citizens (ISA²)Interoperability as a means for modernising the public sector

6.7.2015 - (COM(2014)0367 – C8‑0037/2014 – 2014/0185(COD)) - ***I

Committee on Industry, Research and Energy
Rapporteur: Carlos Zorrinho
Rapporteurs for the opinion (*):
Liisa Jaakonsaari, Committee on the Internal Market and Consumer Protection
Jeroen Lenaers, Committee on Civil Liberties, Justice and Home Affairs
(*)Associated committees – Rule 54 of the Rules of Procedure

Amendments

• 001-091 (PDF - 564 KB)
• 001-091 (DOC - 267 KB)
• 092-092 (PDF - 448 KB)
• 092-092 (DOC - 186 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a decision of the European Parliament and of the Council establishing a programme on interoperability solutions for European public administrations, businesses and citizens (ISA²)

Interoperability as a means for modernising the public sector

(COM(2014)0367 – C8‑0037/2014 – 2014/0185(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–       having regard to the Commission proposal to Parliament and the Council (COM(2014)0367),

–       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 (C8-0037/2014),

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

–       having regard to the opinion of the European Economic and Social Committee of 15 October 2014[1],

–       having regard to the opinion of the Committee of the Regions of 12 February 2015[2],

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

–       having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Civil Liberties, Justice and Home Affairs (A8-0225/2015),

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

2.      Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Amendment  1 Proposal for a decision Title 1
Text proposed by the Commission	Amendment
Proposal for a	Proposal for a
DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL	DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
establishing a programme on interoperability solutions for European public administrations, businesses and citizens (ISA2)	establishing a programme on interoperability frameworks and solutions for European public administrations, businesses and citizens (ISA 2)
Interoperability as a means for modernising the public sector	Interoperability as a means for modernising the public sector
(Text with EEA relevance)	(Text with EEA relevance)
	(The change from "ISA2" to "ISA 2" applies throughout the text. )
Amendment  2 Proposal for a decision Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3a) In its resolution of 20 April 2012 on a competitive digital single market - eGovernment as a spearhead1a, the European Parliament pointed out that the barriers to eGovernment adoption are not necessarily only technological or linked to interoperability and stressed the need to take account of and combat the digital divide.
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	1a P7_TA(2012)0140
Amendment  3 Proposal for a decision Recital 3 b (new)
Text proposed by the Commission	Amendment
	(3b) Interoperability as regards data protection and stronger cross-border cooperation should reveal a substantial potential for better efficiency of Member States’ public services, which, if used to full capacity, could help achieve the goals of the European Semester.
Amendment  4 Proposal for a decision Recital 4
Text proposed by the Commission	Amendment
(4) At Union level, interoperability facilitates successful implementation of policies. The following policies in particular rely on interoperability for their effective and efficient implementation:	(4) At Union level, interoperability facilitates successful implementation of policies and offers great potential to avoid cross-border electronic barriers, further securing the emergence of new, or the consolidation of developing, common public services. The following policies in particular rely on interoperability for their effective and efficient implementation:
Amendment  5 Proposal for a decision Recital 8 a (new)
Text proposed by the Commission	Amendment
	(8a) With regard to the right of Union citizens to move and reside freely within the territory of the Member States, interoperability within the local, national and European administration facilitates the goals set out by the European Parliament in its resolution of 29 March 2012 on the EU Citizenship Report 2010: Dismantling the obstacles to EU citizens’ rights1a.
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	1a P7_TA (2012) 0120
Amendment  6 Proposal for a decision Recital 9
Text proposed by the Commission	Amendment
(9) Interoperability has been a key factor to success in the area of Customs, Taxation and excise duties, in operating trans-European ICT systems spanning all Member States supporting interoperable business services funded by the Fiscalis 2013 and Customs 2013 programmes, implemented and operated by the Commission and national administrations. Assets created under Fiscalis 2013 and Customs 2013 programmes are available for sharing and re-use from other policy areas.	(9) Interoperability has been a key factor to success in the area of Customs, Taxation and excise duties, in operating trans-European ICT systems spanning all Member States supporting interoperable business services funded by the Fiscalis 2013 and Customs 2013 programmes, implemented and operated by the Commission and national administrations. Assets created under Fiscalis 2013 and Customs 2013 programmes are available for sharing and re-use from other policy areas. In addition, the Member States and the Commission have committed themselves, as endorsed by the Council conclusions of 26 May 2014 on the governance reform of the EU customs union, to developing a strategy of commonly managed and operated IT systems in all customs related areas.
Amendment  7 Proposal for a decision Recital 14
Text proposed by the Commission	Amendment
(14) In the area of ICT standardisation, Regulation (EU) No 1025/2012 of the European Parliament and of the Council refers to interoperability as an essential outcome of standardisation.	(14) In the area of ICT standardisation, Regulation (EU) No 1025/2012 of the European Parliament and of the Council refers to interoperability as an essential outcome of standardisation. When developing standards within the framework of the ISA 2 Programme established by Decision No 922/2009/EC of the European Parliament and of the Council1a, particular attention should be paid to the provisions relating to the involvement of social and societal stakeholders laid down in Regulation (EU) No 1025/2012.
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	1a Decision No 922/2009/EC of the European Parliament and of the Council of 16 September 2009 on interoperability solutions for European public administrations (ISA) (OJ L 260, 3.10.2009, p. 20).
Amendment  8 Proposal for a decision Recital 16
Text proposed by the Commission	Amendment
(16) In public procurement, Directives 2014/25/EU19, 2014/24/EU20 and 2014/23/EU21 of the European Parliament and of the Council of 28 March 2014 require Member States to implement electronic procurement. They state that the tools and devices to be used for communicating by electronic means, as well as their technical characteristics, have to be interoperable with the information and communication technology products in general use. Moreover, Directive 2014/55/EU22 on electronic invoicing in public procurement adopted by the Parliament on 11 March 2014 concerns the development of a European standard for electronic invoicing in public procurement to ensure interoperability between electronic invoicing systems across the EU.	(16) In public procurement, Directives 2014/25/EU19, 2014/24/EU20 and 2014/23/EU21 of the European Parliament and of the Council of 28 March 2014 require Member States to implement electronic procurement to improve the efficiency and transparency of public procurement procedures. They state that the tools and devices to be used for communicating by electronic means, as well as their technical characteristics, have to be interoperable with the information and communication technology products in general use. This means immense budgetary savings and the establishment of a level playing field, in particular for new and existing small and medium-sized enterprises (SMEs). Moreover, Directive 2014/55/EU22 on electronic invoicing in public procurement adopted by the Parliament on 11 March 2014 concerns the development of a European standard for electronic invoicing in public procurement to ensure interoperability between electronic invoicing systems across the EU.
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19 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, p243.	19 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, p243.
20 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/.014, p65-242.	20 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/.014, p65-242.
21 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts. OJ L 94, 28.3.2014, p1-64.	21 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts. OJ L 94, 28.3.2014, p1-64.
22Directive 2014/55/EU of the European Parliament and of the Council of 16 April 2014 on electronic invoicing in public procurement. OJ L 133, 6.5.2014, p. 1.	22 Directive 2014/55/EU of the European Parliament and of the Council of 16 April 2014 on electronic invoicing in public procurement. OJ L 133, 6.5.2014, p. 1.
Amendment  9 Proposal for a decision Recital 16 a (new)
Text proposed by the Commission	Amendment
	(16a) The policy areas referred to in Recitals 4 to 16 show how important it is that policy relating to interoperability should be coordinated at Union level in the most effective and responsive manner possible. In order to eliminate fragmentation in the Union, a common understanding of interoperability in the Union and a holistic approach towards interoperability solutions should be promoted.
Amendment  10 Proposal for a decision Recital 17
Text proposed by the Commission	Amendment
(17) Interoperability is also a fundamental element of the Connecting Europe Facility (CEF) established by Regulation (EU) No 1316/2013 of the European Parliament and the Council55 in the area of broadband infrastructure and services. The Regulation 2014/283/EU56 on guidelines for trans-European networks in the area of telecommunications infrastructure explicitly mentions that an operational priority for the CEF to achieve its objectives is the interoperability, connectivity, sustainable deployment, operation and upgrading of trans-European digital service infrastructures as well as their coordination at Union level.	(17) Interoperability is also a fundamental element of the Connecting Europe Facility (CEF) established by Regulation (EU) No 1316/2013 of the European Parliament and the Council55 in the area of broadband infrastructure and services. Regulation (EU) No 283/201456 on guidelines for trans-European networks in the area of telecommunications infrastructure explicitly mentions that one of the operational priorities for the CEF to achieve its objectives is the interoperability, connectivity, sustainable deployment, operation and upgrading of trans-European digital service infrastructures as well as their coordination at Union level. In particular Regulation (EU) No 283/2014 provides for so-called building blocks, such as e-identification, e-delivery and automated translation, to facilitate cross-border interoperability.
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55 Regulation (EU) No 1316/2013/EU of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010. OJ L 348, 20.12.2013, p. 129.	55 Regulation (EU) No 1316/2013/EU of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010. OJ L 348, 20.12.2013, p. 129.
56 Regulation (EU) No 283/2014 of the European Parliament and of the Council of 11 march 2014 on guidelines for trans-European networks in the area of telecommunications infrastructure and repealing Decision No 1336/97/EC. OJ L 86, 21.3.2014, p.14.	56 Regulation (EU) No 283/2014 of the European Parliament and of the Council of 11 march 2014 on guidelines for trans-European networks in the area of telecommunications infrastructure and repealing Decision No 1336/97/EC. OJ L 86, 21.3.2014, p.14.
Amendment  11 Proposal for a decision Recital 18
Text proposed by the Commission	Amendment
(18) At political level, the Council has repeatedly called for even greater interoperability in Europe and for continued efforts to modernise European public administrations. In particular, on 24 and 25 October 2013, the European Council adopted conclusions stressing that the modernisation of public administrations should continue through the swift implementation of services such as e-government, e-health, e-invoicing and e-procurement, which rely on interoperability.	(18) At political level, the Council has repeatedly called for even greater interoperability in Europe and for continued efforts to modernise European public administrations. In particular, on 24 and 25 October 2013, the European Council adopted conclusions stressing that the modernisation of public administrations should continue through the swift implementation of services such as e-government, e-health, e-invoicing and e-procurement, which rely on interoperability. The commitment of Member States is essential to ensure the rapid deployment of an interoperable e-society in the Union and the involvement of public administrations in encouraging the use of online procedures. Additionally, in order to establish a more effective, simplified and user-friendly e-administration, meaningful change in European public administrations, with support and a higher level of commitment from Member States, is necessary. Efficient online public services are crucial for fostering the trust of businesses and citizens in digital services.
Amendment  12 Proposal for a decision Recital 19
Text proposed by the Commission	Amendment
(19) A single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e-barriers that impede the proper functioning of the internal market and the associated freedoms of movement, and undermine the openness and competitiveness of markets and the delivery of services of general interest to citizens and enterprises. In order to mitigate this risk, Member States and the Union should step up joint efforts to avoid market fragmentation and ensure cross-border or cross-sector interoperability in the implementation of legislation, while reducing administrative burdens and costs, and promote commonly agreed ICT solutions, while ensuring appropriate governance.	(19) A single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e-barriers that impede the proper functioning of the internal market and the associated freedoms of movement, and undermine the openness and competitiveness of markets and the delivery of services of general interest to citizens and enterprises. In order to mitigate this risk, Member States and the Union should step up joint efforts to avoid market fragmentation and the digital divide. They should ensure cross-border or cross-sector interoperability in the implementation of legislation, while reducing administrative burdens and costs, improving efficiency, and promote commonly agreed ICT solutions with the purpose of harmonising them at Union level to the extent possible, while ensuring appropriate governance. Security of data use and cloud storage should also be covered by the ISA2 Programme.
Amendment  13 Proposal for a decision Recital 19 a (new)
Text proposed by the Commission	Amendment
	(19a) 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. In that context, compliance with the EIF and open in standards and specifications should be promoted.
Amendment  14 Proposal for a decision Recital 22
Text proposed by the Commission	Amendment
(22) With Decision No 922/2009/EC ceasing to apply on 31 December 2015, a new Union Programme on interoperability solutions for European public administrations, businesses and citizens (ISA2) is needed in order to map and analyse the overall interoperability landscape in Europe and avoid its fragmentation. The Programme will enable, support and promote a holistic approach to the collection, assessment, development, establishment, industrialisation, operation, improvement and maintenance of interoperability solutions, including solutions that facilitate the re-use of data as well as its exchange, in support of European public administrations' cross-border or cross-sector interactions with each other and with enterprises and citizens. Finally, the Programme will promote the re-usability, integration and convergence of existing solutions, including those derived from other Union policy areas.	(22) With Decision No 922/2009/EC ceasing to apply on 31 December 2015, a new Union Programme on interoperability solutions for European public administrations, businesses and citizens (ISA 2) is needed in order to map and analyse the overall interoperability landscape in Europe and avoid electronic barriers, public service incompatibility and fragmentation. The Programme will enable, support and promote a holistic approach to the collection, assessment, development, establishment, industrialisation, operation, improvement and maintenance of interoperability solutions, including solutions that facilitate the re-use of data as well as its exchange, in support of European public administrations' cross-border or cross-sector interactions with each other and with enterprises and citizens. Finally, the Programme will promote the re-usability, integration and convergence of existing solutions, including those derived from other Union policy areas. The ISA 2 Programme should build upon experience gained from the IDA, IDABC and ISA programmes, and the progress of the Digital Agenda for Europe, As the scope of the Programme is expanded to include interactions of public administration with businesses and citizens, high levels of security and privacy should be ensured.
Amendment  15 Proposal for a decision Recital 22 a (new)
Text proposed by the Commission	Amendment
	(22a) For the purposes of this Decision, users of interoperability solutions should be understood to be European public administrations at national, regional and local level. Citizens and businesses are end-users (indirect users) of interoperability solutions as a result of their use of electronic public services provided by public administrations. User-centricity refers to the end-users of interoperability solutions.
Amendment  16 Proposal for a decision Recital 22 b (new)
Text proposed by the Commission	Amendment
	(22b) There is a risk of "locking in" old technologies. Interoperability should not be an end in itself, but should enhance existing moves to modernise governance and public administration. The ISA 2 Programme should allow room for adaptation to future technological developments and be open and flexible in order to be able to respond to the needs of new business models and start-ups, which will generate jobs for young people.
Amendment  17 Proposal for a decision Recital 23
Text proposed by the Commission	Amendment
(23) Solutions established or operated under the present ISA2 Programme should, as far as possible, form part of a consistent environment of services facilitating interaction between European public administrations, enterprises and citizens, and ensuring, facilitating and enabling cross-border or cross-sector interoperability.	(23) Common frameworks and solutions established or operated under the present ISA 2 Programme should form part of a consistent environment of common frameworks and services facilitating interaction between European public administrations, enterprises and citizens, encourage the exploitation of the potential of e-government and e-democracy and ensure, facilitate and enable both cross-border and cross-sector interoperability. Such solutions should provide clear added value in terms of the facilitation or enabling of cross-border or cross-sector interoperability. Member States and the Commission should, in conjunction, put in place targeted programmes to ensure that, where necessary, policies with a cross-border or cross-sector dimension are implemented appropriately through the development of interoperable systems.
Amendment  18 Proposal for a decision Recital 23 a (new)
Text proposed by the Commission	Amendment
	(23a) As an increasing number of public services become 'digital by default' it is important to maximise the efficiency of public spending on ICT solutions. This should be facilitated by ensuring that the provision of such services is planned at an early stage and, where possible, by sharing and reusing solutions in order to maximise the value of public spending. The ISA 2 Programme should make a contribution to this goal.
Amendment  19 Proposal for a decision Recital 23 b (new)
Text proposed by the Commission	Amendment
	(23b) For the ISA 2 Programme to have a real added value at Union level, the "once only" principle, for the registration of relevant data, and the "digital by default" principle, should be key pillars of the implementation of the ISA 2 Programme, as part of a comprehensive strategy to build the digital environment for the delivery of public services in the Union.
Amendment  20 Proposal for a decision Recital 24
Text proposed by the Commission	Amendment
(24) Citizens and enterprises should also benefit from common, re-usable and interoperable front-office services resulting from better integration of processes and exchange of data through the European public administrations’ back-offices.	(24) Citizens and enterprises should also benefit from common, re-usable and interoperable front-office services resulting from better integration of processes and exchange of data through the European public administrations’ back-offices. The "once only" principle, for supplying data only once to public administrations, should be promoted to reduce the administrative burden on citizens and businesses. In addition, in order for citizens to have confidence in e-services, solutions to provide secure communication through in particular e-authentication and encryption should be promoted.
Amendment  21 Proposal for a decision Recital 24 a (new)
Text proposed by the Commission	Amendment
	(24a)The ISA 2 Programme should respect the principle of legal certainty and the principles recognised by the Charter of Fundamental Rights of the European Union.
Amendment  22 Proposal for a decision Recital 24 b (new)
Text proposed by the Commission	Amendment
	(24b) Pursuant to Article 8 TFEU, in defining and implementing its policies, the Union is to respect the principle of equality of its citizens, who should therefore receive equal attention from its institutions, bodies and agencies. In this regard, accessibility for all should be incorporated into the development of interoperability strategies across the Union, with a special focus on the most disadvantaged and unpopulated areas in order to combat the digital divide.
Amendment  23 Proposal for a decision Recital 24 c (new)
Text proposed by the Commission	Amendment
	(24c) In order to allow all citizens and businesses to benefit fully from the ISA 2 Programme, it should be stressed that fostering e-skills remains a priority for the Union, and that ICT literacy and skills should be promoted at every stage of traditional and vocational education.
Amendment  24 Proposal for a decision Recital 24 d (new)
Text proposed by the Commission	Amendment
	(24d) The solutions found and implemented in the context of the ISA 2 Programme should be based on the principle of technological neutrality and adaptability with the aim of ensuring that citizens, businesses and public administrations are free to choose the technology to be used.
Amendment  25 Proposal for a decision Recital 24 e (new)
Text proposed by the Commission	Amendment
	(24e) Pursuant to Article 9 TFEU, in defining and implementing its policies and activities, the Union is to take into account requirements linked to the fight against social exclusion. The concepts of accessibility and design for all should be incorporated into the development of interoperability strategies at Union level.
Amendment  26 Proposal for a decision Recital 25
Text proposed by the Commission	Amendment
(25) The ISA2 Programme should be an instrument for public‑sector modernisation in the Union.	(25) The ISA 2 Programme is one of the many instruments for the encouragement of public‑sector modernisation in the Union. Modernising European administrations and increasing their interoperability is a prerequisite for the completion of the digital single market, which will lead to the modernisation of traditional industry, and which has estimated gains of EUR 500 billion in additional annual growth, and which can give a substantial boost to job creation in the Union. Member States should continue to modernise their administrations by improving business processes and ICT infrastructures. This Decision should be in line with the Commission's commitment to enable Union citizens fully to benefit from interoperable e-services, from e-government to e-health, prioritising the removal of obstacles such as unconnected e-services in order to make the single market freedoms of the Union "go digital".
Amendment  27 Proposal for a decision Recital 25 a (new)
Text proposed by the Commission	Amendment
	(25a) The creation of common standards and a system of semantics making it easy to establish connections among public administrations and between public administrations and other sectors will make it possible to boost the global competitiveness of the Union economy.
Amendment  28 Proposal for a decision Recital 25 b (new)
Text proposed by the Commission	Amendment
	(25b) The creation of common frameworks and interoperability specifications and standards allowing viable interlinks among public administrations and between those administrations and other sectors will allow the strengthening of the global competitive capacity of the Union economy.
Amendment  29 Proposal for a decision Recital 26
Text proposed by the Commission	Amendment
(26) Interoperability is directly connected with, and dependent on the use of, standards and common specifications. The ISA2 Programme should promote and, where appropriate, support the partial or full standardisation of existing interoperability solutions. This should be achieved in cooperation with other standardisation activities at Union level, European standardisation organisations and other international standardisation organisations.	(26) Lack of interoperability often undermines the implementation of digital end-to-end services and the development of one-stop shops for businesses and citizens. Interoperability is directly connected with, and dependent on the use of, open standards and common specifications. The ISA 2 Programme should promote and, where appropriate, support the partial or full standardisation of existing interoperability solutions. This should be achieved in cooperation with other standardisation activities at Union level, European standardisation organisations and other international standardisation organisations.
Amendment  30 Proposal for a decision Recital 27
Text proposed by the Commission	Amendment
(27) The modernisation of public administrations is one of the key priorities for successful implementation of the Europe 2020 Strategy. In this context, the Annual Growth Surveys published by the Commission in 2011, 2012 and 2013 show that the quality of European public administrations has a direct impact on the economic environment and is therefore crucial to stimulating productivity, competitiveness and growth. This is clearly reflected in the country-specific recommendations, which call for specific action aimed at public administration reform.	(27) The modernisation of public administrations is one of the key priorities for successful implementation of the Europe 2020 Strategy. In this context, the Annual Growth Surveys published by the Commission in 2011, 2012 and 2013 show that the quality of European public administrations has a direct impact on the economic environment and is therefore crucial to stimulating productivity, competitiveness; economic cooperation, growth and employment. This is clearly reflected in the country-specific recommendations, which call for specific action aimed at public administration reform.
Amendment  31 Proposal for a decision Recital 28
Text proposed by the Commission	Amendment
(28) Regulation (EU) No 1303/2013 includes a thematic objective of ‘enhancing institutional capacity of public authorities and stakeholders and an efficient public administration'. In this context, the ISA2 Programme should tie in with programmes and initiatives contributing to the modernisation of public administrations like e.g. the DAE, and related networks like e.g. the European Public Administration Network (EUPAN) and seek synergies with them.	(28) Regulation (EU) No 1303/2013 includes a thematic objective of 'enhancing institutional capacity of public authorities and stakeholders and an efficient public administration'. In this context, the ISA 2 Programme should tie in with programmes and initiatives contributing to the modernisation of public administrations, such as the DAE, and related networks such as the European Public Administration Network (EUPAN), seek synergies with them and contribute to knowledge-building in public administrations. Those programmes and initiatives should also ensure that the personnel of European public administrations receive the necessary training to implement interoperability solutions and that Member States have the necessary financial and human resources.
Amendment  32 Proposal for a decision Recital 29
Text proposed by the Commission	Amendment
(29) Interoperability of European public administrations concerns all levels of administration: European, local, regional and national. It is therefore important that solutions take into account their respective needs, as well as those of citizens and enterprises where relevant.	(29) Interoperability of European public administrations concerns all levels of administration: European, local, regional and national. It is therefore important to ensure the widest possible participation in the ISA 2 Programme and that solutions take into account their respective needs, as well as those of citizens, enterprises and, in particular, SMEs, given their valuable contribution to the Union economy.
Amendment  33 Proposal for a decision Recital 29 a (new)
Text proposed by the Commission	Amendment
	(29a) Interaction with the private sector and other entities has already demonstrated its efficiency and added value. Synergies with those stakeholders should be promoted to ensure that priority is given to available market-supported solutions. The existing practice of holding conferences, workshops, and other meetings should be continued with a view to interacting with that section of the public. The continuing use of electronic platforms should be encouraged, as should the use of all suitable means of keeping in touch with stakeholders, including the option of managing interoperability solutions on a shared basis with non-profit-making organisations or bodies, under the supervision of the Commission.
Amendment  34 Proposal for a decision Recital 30
Text proposed by the Commission	Amendment
(30) National administrations can be supported in their endeavours through specific instruments under the European Structural and Investment Funds (ESIF). Close cooperation under the ISA2 Programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the Union-wide interoperability frameworks and specifications such as the EIF.	(30) National, regional and local administrations can be supported in their endeavours through specific instruments under the European Structural and Investment Funds (ESIF) and encouraged jointly to develop solutions among Member States. Close cooperation under the ISA 2 Programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the Union-wide interoperability frameworks and specifications such as the EIF.
Amendment  35 Proposal for a decision Recital 33
Text proposed by the Commission	Amendment
(33) The ISA2 Programme should contribute to the implementation of any follow-on initiatives in the context of Europe 2020 and the DAE. In order to avoid any duplication of effort, it should take account of other Union programmes in the field of ICT solutions, services and infrastructures, in particular the CEF laid down in Regulation 1316/2013/EU and Horizon 2020 laid down in Regulation (EU) No 1291/2013.	(33) The ISA 2 Programme should contribute to the implementation of any follow-on initiatives in the context of Europe 2020 and the DAE. In order to avoid any duplication of effort, it should take account of, and contribute to, other Union programmes in the field of ICT solutions, services and infrastructures, in particular the CEF laid down in Regulation (EU) No 1316/2013 and Horizon 2020 laid down in Regulation (EU) No 1291/2013. The Commission should coordinate those actions when implementing the ISA 2 Programme and when planning future initiatives which would affect interoperability.
Amendment  36 Proposal for a decision Recital 33 a (new)
Text proposed by the Commission	Amendment
	(33a) The principles and provisions laid down in Union law concerning the protection of privacy and the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council1a and Regulation (EC) No 45/2001 of the European Parliament and of the Council1b, should apply to solutions developed, established and operated under the ISA 2 Programme that entail the processing of personal data.
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	1a Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
	1b Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
Amendment  37 Proposal for a decision Recital 33 b (new)
Text proposed by the Commission	Amendment
	(33b) In order to supplement or amend certain non-essential elements of this Decision, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of refining or adapting the rules and criteria for eligibility, selection and implementation criteria and rules where necessary due to future circumstances. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment  38 Proposal for a decision Recital 33 c (new)
Text proposed by the Commission	Amendment
	(33c) When evaluating the ISA2 Programme, the Commission should pay particular attention to whether the solutions created and implemented have a positive or a negative impact on modernising the public sector and facilitating the needs of citizens and SMEs, for example by reducing the administrative burden and costs for citizens and SMEs, by creating employment opportunities and by enhancing the overall interconnection between public administrations on the one hand, and citizens and businesses, in particular SMEs, on the other.
Amendment  39 Proposal for a decision Recital 33 d (new)
Text proposed by the Commission	Amendment
	(33d) When procuring external services for the purposes of the ISA 2 Programme, the Commission should encourage tendering on the part of SMEs and, in particular, identify the most economically advantageous tender on the basis of criteria linked to the subject-matter of the contract, including social and environmental characteristics.
Amendment  40 Proposal for a decision Recital 35
Text proposed by the Commission	Amendment
(35) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to the established rolling work programme, imperative grounds of urgency so require.	(35) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to the established rolling work programme, such as a risk of interruption in the delivery of services, imperative grounds of urgency so require.
Amendment  41 Proposal for a decision Recital 36
Text proposed by the Commission	Amendment
(36) The objectives of this Decision are to facilitate efficient and effective electronic cross-border or cross-sector interaction between European public administrations and between them and citizens and businesses, to enable the delivery of electronic public services supporting the implementation of Union policies and activities. Since this cannot be sufficiently achieved by the Member States acting alone because the coordination function at the European level would be difficult and costly to set up at the level of the Member States by Member States themselves and can therefore, by reason of the scale and effects of the proposed action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article l, this Decision does not go beyond what is necessary in order to achieve those objectives,	(36) Since the objectives of this Decision namely to facilitate efficient and effective electronic cross-border or cross-sector interaction between European public administrations and between them and citizens and businesses, to enable the delivery of electronic public services supporting the implementation of Union policies and activities cannot be sufficiently achieved by the Member States acting alone because the coordination function at the Union level would be difficult and costly to set up at the level of the Member States by Member States themselves but can rather, by reason of the scale and effects of the proposed action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. These electronic public services require an inclusive (e-inclusive) approach that will reduce disparities in the use of ICT solutions, promote the use of ICT to combat exclusion and contribute to economic growth, in order to generate job opportunities and with a view to quality of life, social participation and cohesion.
Amendment  42 Proposal for a decision Article 1
Text proposed by the Commission	Amendment
1. This Decision establishes, for 2016-20, a programme on interoperability solutions for European public administrations, businesses and citizens (hereinafter referred to as ‘the ISA2 programme').	1. This Decision establishes, for 2016-20, a programme on interoperability solutions for European public administrations, businesses and citizens (hereinafter referred to as the 'ISA 2 Programme').
The ISA2 programme shall facilitate efficient and effective electronic cross-border or cross-sector interaction between European public administrations and between them and citizens and businesses, in order to enable the delivery of electronic public services supporting the implementation of Union policies and activities.	1a. The ISA 2 Programme shall facilitate efficient and effective electronic cross-border or cross-sector interaction between European public administrations and between them and citizens and businesses, in order to enable the delivery of electronic public services supporting the implementation of Union policies and activities.
	The ISA 2 Programme shall take into account social, economic and other aspects of interoperability, as well as the specific situation of micro enterprises and SMEs, in order to improve interaction between European public administrations on the one hand, and businesses and citizens on the other. The ISA 2 Programme shall respect the right of citizens and businesses to use solutions other than online solutions.
	The ISA 2 Programme shall contribute to the development of a more effective, simplified and user-friendly e-administration at the national, regional and local levels of public administration.
2. Through the ISA2 Programme, the Union shall identify, create and operate interoperability solutions implementing Union policies. These solutions shall subsequently be provided for unlimited use to other Union institutions and bodies, and to national, regional and local public administrations, thus facilitating cross-border or cross-sector interaction between them.	2. Through the ISA 2 Programme, the Union shall support and promote the identification, creation and operation of interoperability solutions implementing Union policies. These solutions shall subsequently be provided for unlimited use to other Union institutions and bodies, and to national, regional and local public administrations, thus facilitating cross-border or cross-sector interaction between them.
	2a. The ISA 2 Programme shall ensure a common understanding of interoperability and evaluate regularly its developments. In addition, the ISA 2 Programme shall remain open and flexible enough to evolve and be capable of incorporating new challenges and new areas.
3. The ISA2 Programme shall develop interoperability solutions autonomously or complement and support other Union initiatives by piloting interoperability solutions as a solution incubator or by ensuring their sustainability as a solution bridge.	3. The ISA 2 Programme shall develop interoperability solutions autonomously or complement and support other Union initiatives by piloting interoperability solutions as a solution incubator or by ensuring their sustainability as a solution bridge. The Commission shall ensure that no market disturbances or unfair disadvantages for private suppliers of interoperability solutions stem from such solutions.
	3a. Through the ISA 2 Programme, the Union shall work with the Member States to identify and promote best practices, to develop guidelines, to coordinate interoperability initiatives, and to animate and support communities working on issues relevant to the area of electronic cross-border or cross-sector interaction between and among European public administrations, businesses and citizens. In doing so, the Union shall work with industry and civil society and on all issues relevant to support interoperability and its relation to the better provision of public services.
4. The ISA2 programme succeeds the Union programme on interoperability solutions for public administrations established by Decision No 922/2009/EC (hereinafter referred to as ‘the ISA programme’) and shall consolidate, promote and expand its activities.	4. The ISA 2 Programme succeeds the Union programme on interoperability solutions for public administrations established by Decision No 922/2009/EC (hereinafter referred to as ‘the ISA programme’) and shall consolidate, promote and expand its activities.
Amendment  43 Proposal for a decision Article 2 – point 1
Text proposed by the Commission	Amendment
(1) ‘interoperability’ means the ability of disparate and diverse organisations to interact towards mutually beneficial and agreed common goals, involving the sharing of information and knowledge between the organisations, through the business processes they support, by means of the exchange of data between their respective information and communication technology (ICT) systems;	(1) ‘interoperability’ means the ability of different organisations to interact towards mutually beneficial and agreed common goals, involving the sharing of information and knowledge between the organisations, through the business processes they support, by means of the exchange of data between their respective information and communication technology (ICT) systems;
Justification
The word "different" is a more efficient way of saying "disparate and diverse".
Amendment  44 Proposal for a decision Article 2 – point 1 a (new)
Text proposed by the Commission	Amendment
	(1a) 'interoperability framework' means a set of recommendations which specify how administrations, businesses and citizens communicate with each other across the Union, promote and support the delivery of European public services by fostering cross-border and cross-sectoral interoperability and support public administrations in their work to provide European public services to businesses and citizens;
Amendment  45 Proposal for a decision Article 2 – point 1 b (new)
Text proposed by the Commission	Amendment
	(1b) "European public administrations" means public administrations at Union, national, regional and local levels;
Amendment  46 Proposal for a decision Article 2 – point 2
Text proposed by the Commission	Amendment
(2) ’interoperability solutions’ means common frameworks, common services and generic tools facilitating cooperation between disparate and diverse organisations, either autonomously funded and developed by the ISA2 Programme or developed in cooperation with other Union initiatives, based on identified requirements of European public administrations;	(2) ’interoperability solutions’ means common frameworks, common services and functional tools facilitating cooperation between different organisations, either autonomously funded and developed by the ISA 2 Programme or developed in cooperation with other Union initiatives, based on identified requirements of European public administrations;
Justification
The word "different" is a more efficient way of saying "disparate and diverse".
Amendment  47 Proposal for a decision Article 2 – point 2 a (new)
Text proposed by the Commission	Amendment
	(2a) “user” of interoperability solutions means European public administrations at national, regional or local level;
Amendment  48 Proposal for a decision Article 2 – point 2 b (new)
Text proposed by the Commission	Amendment
	(2b) "end user” of the ISA 2 Programme means citizens and businesses;
Amendment  49 Proposal for a decision Article 2 – point 5
Text proposed by the Commission	Amendment
(5) ‘common frameworks’ means specifications, standards, methodologies, guidelines, common semantic assets and similar approaches and documents;	(5) ‘common frameworks’ means common reference architecture, specifications, standards, methodologies, guidelines, common semantic assets and similar approaches and documents;
Amendment  50 Proposal for a decision Article 2 – point 10 – indent 1
Text proposed by the Commission	Amendment
- strategic and awareness-raising measures;	- strategic measures;
Amendment  51 Proposal for a decision Article 2 – point 10 – indent 1 a (new)
Text proposed by the Commission	Amendment
	- information, communication of the benefits of the ISA2 Programme, and awareness-raising measures, aimed at citizens and businesses, in particular SMEs;
Amendment  52 Proposal for a decision Article 2 – point 10 a (new)
Text proposed by the Commission	Amendment
	(10a) ‘imperative grounds of urgency’ means situations which, in the context of the ISA 2 Programme and for the purposes of Article 10(3), might entail a risk of interruption in the delivery of services related to the activities referred to in Article 3;
Amendment  53 Proposal for a decision Article 3 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) the assessment, improvement, establishment, industrialisation, operation and re-use of existing cross-border or cross-sector interoperability solutions;	(a) the assessment, improvement, establishment, industrialisation, operation and re-use of existing cross-border or cross-sector interoperability frameworks and solutions;
Amendment  54 Proposal for a decision Article 3 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) the development, establishment, industrialisation, operation and re-use of new cross-border or cross-sector interoperability solutions;	(b) the development, establishment, industrialisation, operation and re-use of new cross-border or cross-sector interoperability frameworks and solutions;
Amendment  55 Proposal for a decision Article 3 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) the assessment of the ICT implications of proposed or adopted Union legislation;	(c) the assessment of the ICT implications of proposed or adopted Union legislation. with, where appropriate, an assessment of the need to enlarge the scope and mandate of the European Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA);
Amendment  56 Proposal for a decision Article 3 – paragraph 1 – point d
Text proposed by the Commission	Amendment
(d) the identification of legislation gaps that hamper interoperability between European public administrations;	(d) the identification of legislation gaps, at Union and national level, that hamper cross-border or cross-sector interoperability between European public administrations;
Amendment  57 Proposal for a decision Article 3 – paragraph 1 – point f
Text proposed by the Commission	Amendment
(f) the establishment and maintenance of the EIC as an instrument to facilitate the re-use of existing interoperability solutions and to identify the areas where such solutions are still lacking;	(f) the establishment and maintenance of the EIC as an instrument to facilitate the re-use of existing interoperability frameworks and solutions and to identify the areas where such frameworks and solutions are still lacking;
Amendment  58 Proposal for a decision Article 3 – paragraph 1 – point f a (new)
Text proposed by the Commission	Amendment
	(fa) the development and delivery of public services with fewer administrative burdens and lower costs, by fully exploiting the potential of e-government and e-democracy;
Amendment  59 Proposal for a decision Article 3 – paragraph 1 – point g
Text proposed by the Commission	Amendment
(g) the assessment, update and promotion of existing common specifications and standards and the development, establishment and promotion of new common specifications and standards through the Union’s standardisation platforms and in cooperation with European or international standardisation organisations as appropriate; and	(g) the assessment, update and promotion of existing common specifications and standards and the development, establishment and promotion of new common specifications and open standards through the Union’s standardisation platforms and in cooperation with European or international standardisation organisations as appropriate, including with regard to the security of data transmission, processing and storage; and
Amendment  60 Proposal for a decision Article 3 – paragraph 1 – point h
Text proposed by the Commission	Amendment
(h) the development of mechanisms that will measure and quantify the benefits of interoperability solutions.	(h) the development of mechanisms that will measure and quantify the benefits of interoperability frameworks and solutions.
Amendment  61 Proposal for a decision Article 3 – paragraph 1 – point h a (new)
Text proposed by the Commission	Amendment
	(ha) the maintenance and wider publication of a virtual one-stop shop acting as a platform for access and best practice resulting from the ISA 2 Programme, and as a means of disseminating the common frameworks for security and safety and the solutions developed and already functioning, while avoiding duplication.
Amendment  62 Proposal for a decision Article 3 – paragraph 1 – point h b (new)
Text proposed by the Commission	Amendment
	(hb) the establishment of a common repository of reusable solutions and standards that is accessible to public administrations willing to adopt or integrate them as components of upcoming projects or to enterprises willing to implement them in their market offerings, so that interoperability reaches its full potential across all sectors.
Amendment  63 Proposal for a decision Article 3 – paragraph 1 – point h c (new)
Text proposed by the Commission	Amendment
	(hc) facilitation of the re-use of data by enterprises and citizens in a beneficial and practical manner, in accordance with the applicable law on, inter alia, data protection.
Amendment  64 Proposal for a decision Article 3 – paragraph 1 – point h d (new)
Text proposed by the Commission	Amendment
	(hd) the development of mechanisms to safeguard privacy and security from the perspective of public administrations, citizens, and businesses;
Amendment  65 Proposal for a decision Article 3 – paragraph 2
Text proposed by the Commission	Amendment
In addition, the ISA2 Programme may act as a ‘solution incubator’, piloting new interoperability solutions, and as a ’solution bridge’, operating existing interoperability solutions.	In addition, the ISA 2 Programme may act as a ‘solution incubator’, piloting new interoperability solutions, and as a ’solution bridge’, operating, developing or supporting existing interoperability solutions and providing information and training on the importance and utilisation of interoperability solutions throughout the Union.
Amendment  66 Proposal for a decision Article 3 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	By …* , the Commission shall develop a communication and training strategy, aiming to enhance information and to increase awareness with regard to the ISA 2 Programme and its benefits, targeted, in particular, at citizens and SMEs, and employing user-friendly language and infographics on the ISA 2 Programme's webpage.
	_____________
	* 6 months after the date of entry into force of this Decision.
Amendment  67 Proposal for a decision Article 4 – point a
Text proposed by the Commission	Amendment
(a) be based on utility and driven by identified needs;	(a) be selected on the basis of utility and priorities and driven by identified needs and the objectives of the ISA 2 Programme;
Amendment  68 Proposal for a decision Article 4 – point b
Text proposed by the Commission	Amendment
(b) comply with the following set of principles:	(b) comply with the following set of principles:
- subsidiarity and proportionality;	- subsidiarity and proportionality;
	- a focus on the end-user, particularly the needs of citizens and SMEs;
- user-centricity	- user-centricity;
- inclusion and accessibility	- inclusion and accessibility
- security and privacy	- security, respect for privacy and a high level of data protection;
	– privacy by default and by design;
- multilingualism	- multilingualism
- administrative simplification	- administrative simplification and modernisation;
- transparency;	- transparency;
- preservation of information;	- preservation of information
- openness;	- openness;
- re-usability;	- re-usability;
- technological neutrality and adaptability; and	- technological neutrality, solutions which are future-proof insofar as possible, and adaptability as well as net neutrality;
- effectiveness and efficiency;	- effectiveness and efficiency;
	- multi-channel delivery, namely maintenance of the possibility to access services by way of traditional means in addition to electronic means, and the availability of technical support when using electronic means.
Amendment  69 Proposal for a decision Article 4 – point c a (new)
Text proposed by the Commission	Amendment
	(ca) be flexible for adjusting to new challenges and opportunities; and
Amendment  70 Proposal for a decision Article 5 – paragraph 2 – subparagraph 1 – introductory part
Text proposed by the Commission	Amendment
Actions in the form of projects shall, where appropriate, consist of the following phases:	Actions in the form of projects shall consist of the following phases:
Amendment  71 Proposal for a decision Article 5 – paragraph 2 – subparagraph 1 – indent 5
Text proposed by the Commission	Amendment
– monitoring and control.	– monitoring, control and ex-post evaluation.
Amendment  72 Proposal for a decision Article 5 – paragraph 2 – subparagraph 2
Text proposed by the Commission	Amendment
The phases of specific projects shall be defined and specified at the time when the action is included in the rolling work programme.	The phases of specific projects may be defined and specified at the time when the action is included in the rolling work programme. It shall be possible to terminate a project at any point if it is no longer needed or if it is no longer considered to be effective.
Justification
There should be flexibility to ensure that this Decision does not constrain the development of a solution.
Amendment  73 Proposal for a decision Article 6
Text proposed by the Commission	Amendment
Article 6	Article 6
Implementation rules	Eligibility and selection criteria
1. In the implementation of the ISA2 Programme, due consideration shall be given to the European Interoperability Strategy, the European Interoperability Framework and their future updates.	1. The following eligibility criteria shall apply to applications for financing under the ISA 2 Programme:
	(a) in order to ensure interoperability between Union and Member State information systems, applicants must specify interoperability solutions by reference to existing and new Union standards or publicly available or open specifications for information exchange and service integration;
	(b) in order to avoid duplication and to speed up the establishment of interoperability solutions, the results achieved by other relevant Union and Member State initiatives must be taken into account and duplicate solutions must not be eligible.
2. Involvement of the largest possible number of Member States in a project shall be encouraged. Member States shall be able, and encouraged, to join a project at any stage.	2. The ISA 2 Programme shall be subject to the following selection criteria:
	(a) involvement of the largest possible number of Member States in a project shall be encouraged. Member States shall be able, and encouraged, to join a project at any stage and the involvement of enterprises and other organisations shall also be encouraged;
	(b) all actions and interoperability solutions funded under the ISA 2 Programme shall be encouraged to re-use available interoperability solutions.
3. In order to ensure interoperability between national and Union information systems, interoperability solutions shall be specified with reference to existing and new European standards or publicly available or open specifications for information exchange and service integration.
4. The establishment or improvement of interoperability solutions shall, where appropriate, build on or be accompanied by the sharing of experience and the exchange and promotion of good practices. The sharing of experience and good practices between all stakeholders and relevant public consultations shall be encouraged.
5. In order to avoid duplication and to speed up the establishing of interoperability solutions, results achieved by other relevant Union and Member State initiatives shall be taken into account where appropriate.
6. The implementation of interoperability solutions under the ISA2 Programme shall, where appropriate, be guided by the EIRA.
7. Interoperability solutions and their updates shall be included in the EIC and made available, where appropriate, for re-use by European public administrations.
8. The Commission shall monitor periodically the implementation and re-use of interoperability solutions across the Union, as part of the rolling work programme established pursuant to Article 7.
9. In order to maximise synergies and ensure complementary and combined efforts, actions shall, where appropriate, be coordinated with other relevant Union initiatives.
10. All actions and interoperability solutions funded under the ISA2 Programme shall be encouraged, where appropriate, to re-use available interoperability solutions.
Amendment  74 Proposal for a decision Article 6 a (new)
Text proposed by the Commission	Amendment
	Article 6a
	Implementation rules
	1. The European Interoperability Strategy, the European Interoperability Framework and their future manifestations shall be given due consideration.
	2. The establishment or improvement of interoperability solutions shall, where appropriate, build on, or be accompanied by, the sharing of experience and the exchange and promotion of good practices. This shall include a due consideration of the impact of interoperability solutions on privacy and data protection. The sharing of experience and good practices between all stakeholders and relevant public consultations shall be encouraged and facilitated by adequate means, such as by means of a virtual repository. Particular focus shall be placed on the engagement of Member States to secure the cooperation of national experts on interoperability.
	3. EIRA shall, where appropriate, guide the implementation of interoperability solutions under the ISA 2 Programme.
	4. Interoperability solutions and updates thereof shall be included in the EIC and shall be made available for re-use by European public administrations.
	5. the Commission shall, at least annually, monitor the implementation and re-use of interoperability solutions across the Union, as part of the rolling work programme established pursuant to Article 7 and shall inform the European Parliament of the results of such monitoring.
	6. The implementation of the ISA 2 Programme shall also contribute to the implementation of the Commission's Digital Agenda;
	7. In order to maximise synergies and ensure complementary and combined efforts, actions shall, where appropriate, be coordinated with other relevant Union initiatives.
	8. The Commission shall bring together relevant stakeholders for the purposes of exchanging views among themselves and with the Commission on issues addressed by the Programme. To that end, the Commission shall organise conferences, workshops and other meetings, make use of electronic interactive platforms and may use any other means for interaction which it considers to be appropriate.
	9. Actions and interoperability solutions that require processing of personal data, shall, where appropriate and possible, be preceded by a data protection impact assessment
	10. In duly justified cases, the management of interoperability solutions may be shared with non-profit organisations, under the Commission's supervision and actions funded under the ISA 2 Programme may be linked directly to actions extending its scope for the benefit of citizens and businesses, making use, where appropriate, of other sources of financing under European structural and investment funds
Amendment  75 Proposal for a decision Article 6 b (new)
Text proposed by the Commission	Amendment
	Article 6b
	Delegated acts
	Where necessary to supplement the eligibility and selection criteria or the implementation rules laid down in Articles 6 and 6a, the Commission shall be empowered to adopt delegated acts in accordance with Article 10a, amending, clarifying or supplementing those criteria and rules.
Amendment  76 Proposal for a decision Article 7 – paragraph 1
Text proposed by the Commission	Amendment
At the start of the ISA2 Programme, the Commission shall adopt implementing acts establishing a rolling work programme and amending it at least once a year, for the implementation of actions for the entire period of application of this Decision. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).	At the start of the ISA 2 Programme, the Commission shall adopt implementing acts establishing a rolling work programme and, where strictly necessary, amending it at least once a year, for the implementation of actions for the entire period of application of this Decision. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).
The rolling work programme shall identify, prioritise, document, select, design, implement and evaluate the actions referred to in Article 5, as well as promote their results.	The rolling work programme shall identify, prioritise, document, select, design, implement and evaluate the actions referred to in Article 5, including the accompanying measures referred to in Article 5(3), ensuring the widest and most inclusive participation, in accordance with the eligibility and selection criteria laid down in Article 6, as well as promoting their results and making them known to the European Parliament.
Amendment  77 Proposal for a decision Article 7 – paragraph 2
Text proposed by the Commission	Amendment
2. The inclusion of actions in the rolling work programme shall be subject to compliance with a set of rules and admission criteria before being included in the rolling work programme. Those rules and criteria and any amendments thereof shall be an integral part of the rolling work programme.	2. The inclusion of actions in the rolling work programme shall be subject to compliance with a set of administrative procedures defining the applicable objectives. Those administrative procedures and any amendments thereof shall be an integral part of the rolling work programme.
Amendment  78 Proposal for a decision Article 10 a (new)
Text proposed by the Commission	Amendment
	Article 10a
	Exercise of the delegation
	1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
	2. The power to adopt delegated acts referred to in Article 6b shall be conferred on the Commission for a period of four years from 1 January 2016.
	3. The delegation of power referred to in Article 6b 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 on 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.
	4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
	5. A delegated act adopted pursuant to Article 6b shall enter into force only if no objection has been expressed 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                79 Proposal for a decision Article 11 – paragraph 2
Text proposed by the Commission	Amendment
2. The Commission shall report annually to the ISA2 Committee on the implementation of the Programme.	2. The Commission shall report annually to the ISA 2 Committee, the competent committee or committees of the European Parliament, the Council and the Committee of Regions on the implementation of the ISA 2 Programme, the re-use of interoperability solutions across the Union and on the evolution of its performance indicators.
	The competent committee or committees of the European Parliament may invite the Commission to report on the implementation of the ISA 2 Programme and answer questions raised by their members.
Amendment  80 Proposal for a decision Article 11 – paragraph 3
Text proposed by the Commission	Amendment
3. The Programme shall be subject to an interim evaluation and a final evaluation, the results of which shall be communicated to the European Parliament and the Council by 31 December 2018 and 31 December 2021 respectively. In this context, the responsible committee of the Parliament may invite the Commission to present the evaluation results and answer questions raised by its members.	3. The ISA 2 Programme shall be subject to an interim evaluation and a final evaluation, each of which shall be accompanied by a thorough impact assessment, and the results of which shall be communicated to the European Parliament and the Council by 31 December 2018 and 31 December 2021 respectively. In this context, the competent committee or committees of the European Parliament may invite the Commission to present the evaluation results and answer questions raised by their members.
Amendment  81 Proposal for a decision Article 11 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	3a. The interim and final evaluation of the ISA 2 Programme shall include an analysis of compliance with Union law concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data in all relevant actions and interoperability solutions that require the processing of personal data.
Amendment  82 Proposal for a decision Article 11 – paragraph 4
Text proposed by the Commission	Amendment
4. The evaluations shall examine issues such as the relevance, effectiveness, efficiency, utility, sustainability and coherence of Programme actions. The final evaluation shall, in addition, examine the extent to which the Programme has achieved its objective.	4. The evaluations shall examine issues such as the relevance, effectiveness, efficiency, utility including citizen and business satisfaction, and the sustainability and coherence of the actions of the ISA 2 Programme. They shall also examine its coherence, synergies and complementarity with other Union programmes, in particular with Connecting Europe Facility (CEF). The final evaluation shall, in addition, examine the extent to which the Programme has achieved its objective. Particular attention shall be paid to the needs expressed by the users of that programme.
Amendment  83 Proposal for a decision Article 11 – paragraph 5
Text proposed by the Commission	Amendment
5. The performance of the Programme shall be assessed against the objective laid out in Article 1 and the actions of the rolling work programme. The objective shall be measured in particular through the number of key interoperability enablers and through the number of supporting instruments for public administrations delivered to and used by European public administrations. Indicators for measuring the result and impact of the Programme shall be defined in the rolling work programme.	5. The performance of the ISA 2 Programme shall be assessed against the objective laid out in Article 1(2) and the eligibility and selection criteria laid down in Article 6.The achievement of the objective shall be measured in particular in terms of the number of key interoperability enablers and supporting instruments for public administrations delivered to and used by European public administrations.
Amendment  84 Proposal for a decision Article 11–- paragraph 5 a (new)
Text proposed by the Commission	Amendment
	5a. The Commission shall establish indicators for measuring the result and impact of the ISA2 Programme.
	Such indicators shall take into account the eligibility and selection criteria laid down in Article 6 .
Amendment  85 Proposal for a decision Article 11 – paragraph 6
Text proposed by the Commission	Amendment
6. The evaluations shall also examine the benefits of the actions to the Union for the advancement of common policies, identify areas for potential improvement and verify synergies with other Union initiatives in the area of cross-border or cross-sector interoperability and the modernisation of European public administrations.	6. The evaluations shall also examine the benefits of the actions to the Union for the advancement of common policies, identify areas for potential improvement and verify synergies with other Union initiatives in the area of cross-border or cross-sector interoperability and the modernisation, simplification and efficiency of European public administrations.
Amendment  86 Proposal for a decision Article 11 – paragraph 6 – subparagraph 1 a (new)
Text proposed by the Commission	Amendment
	The Commission shall also evaluate the relevance of the ISA 2 Programme's objectives and measures to local and regional authorities to improve interoperability in public administration and the effectiveness of public service delivery
Amendment  87 Proposal for a decision Article 11 – paragraph 8 – introductory part
Text proposed by the Commission	Amendment
8. The evaluation of the ISA2 Programme shall contain, where applicable, information regarding:	8. The evaluation of the ISA 2 Programme shall contain information regarding:
Amendment  88 Proposal for a decision Article 11 – paragraph 8 – point a
Text proposed by the Commission	Amendment
(a) quantifiable benefits that the interoperability solutions deliver by linking ICT with users’ needs;	(a) quantifiable and qualifiable benefits and cost savings that the interoperability solutions deliver by linking ICT with the needs of users and end-users, in particular citizens and SMEs;
Amendment  89 Proposal for a decision Article 11 – paragraph 8 –point b
Text proposed by the Commission	Amendment
(b) the quantifiable positive impact of the interoperable ICT‑based solutions.	(b) the quantifiable and qualifiable impact of interoperable ICT‑based solutions, in particular on public administrations, citizens and SMEs.
Amendment  90 Proposal for a decision Article 13
Text proposed by the Commission	Amendment
Without prejudice to other Union policies, interoperability solutions established or operated by the ISA2 Programme may be used by non-Union initiatives, for non-commercial purposes, provided that no extra costs are incurred for the general budget of the Union and the main Union objective of the interoperable solution is not compromised.	Without prejudice to other Union policies, and in accordance with the eligibility and selection criteria laid down in Article 6, interoperability solutions established or operated by the ISA2 Programme may be used by non-Union initiatives, for non-commercial purposes, provided that no extra costs are incurred for the general budget of the Union and the main Union objective of the interoperable solution is not compromised.
Amendment  91 Proposal for a decision Article 13 a (new)
Text proposed by the Commission	Amendment
	Article 13a
	Data protection
	Solutions developed, established and operated under the ISA 2 Programme, including any form of cooperation with third countries and international organisations, which entail the processing of personal data shall strictly comply with Union law concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data.

• [1]  Not yet published in the Official Journal.
• [2]  Not yet published in the Official Journal.

EXPLANATORY STATEMENT

The rapporteur welcomes the Commission proposal establishing a programme on interoperability solutions for European public administrations, businesses, and citizens (ISA 2).

Since 1995, when it launched the programme for the interchange of data between administrations (IDA), the Commission, together with the Member States, has been promoting solutions enabling data to be exchanged in administration contexts and between administrations and EU institutions.

This latest decision continues the approach pursued to date, exemplified most obviously in the ISA programme – still in force – on interoperability solutions for European public administrations, while also marking the start of a new phase, in which technological advances, the new needs of administrations and civil society, and the new opportunities offered by cloud computing will have to be taken into account.

The fact of aiming the ISA 2 programme at businesses and citizens signals a significant departure and implies that the Commission, when determining the implementation and assessment criteria to be applied, cannot confine itself to an exclusively supply-side perspective, but, on the contrary, will have to emphasise the demand-side perspective, that is to say, the ability to modernise the public sector to make it respond more effectively and efficiently to civil society’s needs.

Interoperability is increasingly enhancing the potential quality of public services and creating an environment in which businesses can become more competitive and citizens can obtain greater satisfaction. It is thus a powerful ally of the European growth and jobs strategy.

The ISA 2 programme dovetails with other initiatives that are helping public administrations in Europe to modernise and hence stand out to advantage, whether they are addressing overall economic competitiveness or people’s quality of life.

It is thus a building-block of the digital single market and for the implementation of an ambitious, world-leading, and socially inclusive European Digital Agenda.

The rapporteur believes that, in order to exploit the potential of the decision under consideration, stronger emphasis needs to be laid on economic and social ownership of the programme, in keeping with the key themes below.

1.   Developing common semantics to link public administrations together and connect them to other sectors, thereby providing a way to make the European economy more competitive overall.

2.   Establishing a repository of solutions and standards to be used directly by administrations or incorporated into new projects.

3.   Developing a one-stop shop for best practice (Joinup platform).

4.   Safeguarding privacy and security from the perspective of administrations, businesses, and citizens.

5.   Simplifying procedures and exploring avenues for widening the programme’s scope.

6.   Giving encouragement to develop solutions in cooperation involving administrations in two or more Member States.

7.        Measuring the success of the programme according to impacts and the satisfaction of business and citizens’ needs.

OPINION of the Committee on the Internal Market and Consumer Protection(*) (11.6.2015)

for the Committee on Industry, Research and Energy

on the proposal for a decision of the European Parliament and of the Council establishing a programme on interoperability solutions for European public administrations, businesses and citizens (ISA²) - Interoperability as a means for modernising the public sector
(COM(2014)0367 – C8‑0037/2014 – 2014/0185(COD))

Rapporteur (*): Liisa Jaakonsaari

(*) Associated committee – Rule 54 of the Rules of Procedure

SHORT JUSTIFICATION

The aim of the Commission proposal is to establish a programme on interoperability solutions for European public administrations, businesses and citizens (ISA² programme). The Rapporteur welcomes the proposal and its aim, and thinks that the ISA² programme is needed to overcome electronic barriers between Member States.

1. Competences

The competences within the Parliament concerning this file are divided between three committees, ITRE being in the lead and IMCO and LIBE being associated under Rule 54 of the Rules of Procedure. While LIBE has exclusive competence for all issues relating to data protection, the competences of ITRE and IMCO committees intertwined across the proposal and cannot clearly be divided. The Committees have thus agreed that each committee will focus as far as possible, on issues relating to its core competences.

The Rapporteur has therefore not touched upon issues relating to data protection, although she finds them to be of utmost importance, but left it to the discretion of the LIBE Committee. Instead, the Rapporteur has focused on the IMCO core competencies - the internal market and consumers.

2. Citizens and businesses

The COM proposal claims the ISA² programme is to benefit public administrations, but also businesses and citizens. However, in the Rapporteurs' view the content of the proposal does not reflect this. Thus the Rapporteur has added some clarifications and precisions in order to better mirror the aim set out by the Commission:

(1) a set of provisions which commit the COM to take into account the social aspects of interoperability, allowing everyone to take full advantage of the opportunities offered by new technologies;

(2) a set of provisions which commit the COM to take into account the specific situation of micro, small and medium-sized enterprises and to facilitate solutions which meet SMEs needs;

(3) a definition of "users": the COM proposal does not include a definition of "users" in Art. 2, though the term is used in several, sometimes differing contexts. The direct "users" addressed in the proposal are the European public administrations, while the indirect (end) users of ISA² are citizens and businesses. The term "user centricity" refers to the latter group. In the Rapporteurs' view the diverging use of terminology has caused some confusion and needed clarification.

3. Further issues

In the Rapporteurs' view, there is lack of information concerning the benefits of and need to establish the ISA² programme. She has thus included in Art. 3 a provision obliging the COM to develop a communication strategy intended at information and awareness rising concerning ISA and its benefits.

The Rapporteur has further added to the general principles as set out in Art. 4, emphasizing the need to find future proof solution. She is also of the opinion that, if necessary, technical support should be provided to citizens and businesses when using interoperability solutions. Moreover, it should continue to be possible to use traditional means of accessing services, other than their online provision.

The Rapporteur welcomes the Commission proposal on monitoring the implementation of the ISA² programme, as well as the provisions concerning its' evaluation as set out in Art. 11. However, the Rapporteur thinks that the European Parliament as co-legislator should also be involved in the implementation and evaluations process.

AMENDMENTS

The Committee on the Internal Market and Consumer Protection calls on the Committee on Industry, Research and Energy, as the committee responsible, to take into account the following amendments:

Amendment  1 Proposal for a decision Recital 4
Text proposed by the Commission	Amendment
(4) At Union level, interoperability facilitates successful implementation of policies. The following policies in particular rely on interoperability for their effective and efficient implementation:	(4) At Union level, interoperability can facilitate successful implementation of policies with a relevant cross-border dimension. The following policies in particular rely on interoperability for their effective and efficient implementation:
Justification
Interoperability should not be regarded as an end in itself, but a means to achieving greater efficiencies where there is a clear need and where there is clear demand from relevant users. It is especially important not make systems interoperable when those systems are out of date, redundant or in need of modernisation. Interoperability should be secondary to the digitisation and modernisation of Member State governance and public administration systems.
Amendment  2 Proposal for a decision Recital 9
Text proposed by the Commission	Amendment
(9) Interoperability has been a key factor to success in the area of Customs, Taxation and excise duties, in operating trans-European ICT systems spanning all Member States supporting interoperable business services funded by the Fiscalis 2013 and Customs 2013 programmes, implemented and operated by the Commission and national administrations. Assets created under Fiscalis 2013 and Customs 2013 programmes are available for sharing and re-use from other policy areas.	(9) Interoperability has been a key factor to success in the area of Customs, Taxation and excise duties, in operating trans-European ICT systems spanning all Member States supporting interoperable business services funded by the Fiscalis 2013 and Customs 2013 programmes, implemented and operated by the Commission and national administrations. Assets created under Fiscalis 2013 and Customs 2013 programmes are available for sharing and re-use from other policy areas. In addition, Member States have committed themselves, in the Council Conclusions on the Governance forum of the EU Customs Union, to develop a strategy of jointly managed and operated IT systems in all customs-related areas.
Amendment  3 Proposal for a decision Recital 14
Text proposed by the Commission Amendment (14) In the area of ICT standardisation, Regulation (EU) No 1025/2012 of the European Parliament and of the Council refers to interoperability as an essential outcome of standardisation. (14) In the area of ICT standardisation, Regulation (EU) No 1025/2012 of the European Parliament and of the Council refers to interoperability as an essential outcome of standardisation. When developing standards within the framework of the ISA2 Programme established by Decision No 922/2009/EC of the European Parliament and of the Council17a, particular attention should be paid to the provisions relating to the involvement of social and societal stakeholders laid down in that Regulation.   ___________________   17a Decision No 922/2009/EC of the European Parliament and of the Council of 16 September 2009 on interoperability solutions for European public administrations (ISA). OJ L 260, 3.10.2009, p. 20.
Amendment  4 Proposal for a decision Recital 16
Text proposed by the Commission	Amendment
(16) In public procurement, Directives 2014/25/EU19, 2014/24/EU20 and 2014/23/EU21 of the European Parliament and of the Council of 28 March 2014 require Member States to implement electronic procurement. They state that the tools and devices to be used for communicating by electronic means, as well as their technical characteristics, have to be interoperable with the information and communication technology products in general use. Moreover, Directive 2014/55/EU22 on electronic invoicing in public procurement adopted by the Parliament on 11 March 2014 concerns the development of a European standard for electronic invoicing in public procurement to ensure interoperability between electronic invoicing systems across the EU.	(16) In public procurement, Directives 2014/25/EU19, 2014/24/EU20 and 2014/23/EU21 of the European Parliament and of the Council of 28 March 2014 require Member States to implement electronic procurement to improve the efficiency and transparency of public procurement procedures. They state that the tools and devices to be used for communicating by electronic means, as well as their technical characteristics, have to be interoperable with the information and communication technology products in general use. This means immense budgetary savings and the establishment of a level playing field, in particular for small and medium-sized enterprises (SMEs) and entrepreneurs. Moreover, Directive 2014/55/EU22 on electronic invoicing in public procurement adopted by the Parliament on 11 March 2014 concerns the development of a European standard for electronic invoicing in public procurement to ensure interoperability between electronic invoicing systems across the EU.
__________________	__________________
19 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, p243.	19 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, p243.
20 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/.014, p65-242.	20 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/.014, p65-242.
21 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts. OJ L 94, 28.3.2014, p1-64.	21 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts. OJ L 94, 28.3.2014, p1-64.
22Directive 2014/55/EU of the European Parliament and of the Council of 16 April 2014 on electronic invoicing in public procurement. OJ L 133, 6.5.2014, p. 1.	22 Directive 2014/55/EU of the European Parliament and of the Council of 16 April 2014 on electronic invoicing in public procurement. OJ L 133, 6.5.2014, p. 1.
Amendment  5 Proposal for a decision Recital 16 a (new)
Text proposed by the Commission Amendment   (16a) The policy areas referred to in Recitals 4 to 16 show how important it is that policy relating to interoperability and its possible uses should be coordinated at Union level in the most effective and responsive manner possible. In order to eliminate fragmentation in the interoperability landscape in the Union, a common understanding of interoperability in the Union and a holistic approach towards interoperability solutions should be promoted.
Amendment  6 Proposal for a decision Recital 18
Text proposed by the Commission	Amendment
(18) At political level, the Council has repeatedly called for even greater interoperability in Europe and for continued efforts to modernise European public administrations. In particular, on 24 and 25 October 2013, the European Council adopted conclusions stressing that the modernisation of public administrations should continue through the swift implementation of services such as e-government, e-health, e-invoicing and e-procurement, which rely on interoperability.	(18) At political level, the Council has repeatedly called for even greater interoperability in Europe and for continued efforts to modernise European public administrations. In particular, on 24 and 25 October 2013, the European Council adopted conclusions stressing that the modernisation of public administrations should continue through the swift implementation of services such as e-government, e-health, e-invoicing and e-procurement, which rely on interoperability. The commitment of Member States is essential to ensure the rapid deployment of an interoperable e-society in the Union and the involvement of public administrations in encouraging the use of online procedures. Additionally, in order to establish a more effective, simplified and user-friendly e-administration, a meaningful change in European public administrations, with support and a higher level of commitment from Member States, is necessary. Efficient online public services are crucial for fostering the trust of businesses and citizens in digital services.
Amendment  7 Proposal for a decision Recital 19
Text proposed by the Commission	Amendment
(19) A single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e-barriers that impede the proper functioning of the internal market and the associated freedoms of movement, and undermine the openness and competitiveness of markets and the delivery of services of general interest to citizens and enterprises. In order to mitigate this risk, Member States and the Union should step up joint efforts to avoid market fragmentation and ensure cross-border or cross-sector interoperability in the implementation of legislation, while reducing administrative burdens and costs, and promote commonly agreed ICT solutions, while ensuring appropriate governance.	(19) A single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e-barriers that impede the proper functioning of the internal market and the associated freedoms of movement, and undermine the openness and competitiveness of markets, particularly public procurement markets, and the delivery of services of general interest to citizens and enterprises. However, it is important to recognise that there is a need for a targeted approach to the adoption of solutions regarding interoperability, given the different challenges posed by different policy objectives.
Justification
Interoperability should not be regarded as an end in itself, but a means to achieving greater efficiencies where there is a clear need and where there is clear demand from relevant users. It is especially important not make systems interoperable when those systems are out of date, redundant or in need of modernisation. Interoperability should be secondary to the digitisation and modernisation of Member State governance and public administration systems.
Amendment  8 Proposal for a decision Recital 22 a (new)
Text proposed by the Commission Amendment   (22a) For the purposes of this Decision, users of interoperability solutions should be understood to be European public administrations at national, regional and local level. Citizens and businesses are end-users (indirect users) of interoperability solutions as a result of their use of electronic public services provided by public administrations. User-centricity refers to the end-users of interoperability solutions.
Amendment  9 Proposal for a decision Recital 22 b (new)
Text proposed by the Commission Amendment   (22b) There is a risk of "locking in" old technologies. Interoperability should not be an end in itself, but should enhance existing moves to modernise governance and public administration. The ISA2 Programme should allow room for adaptation to future technological developments and be open and flexible in order to be able to respond to the needs of new business models and start-ups, which will generate jobs for young people.
Amendment  10 Proposal for a decision Recital 23
Text proposed by the Commission Amendment (23) Solutions established or operated under the present ISA2 Programme should, as far as possible, form part of a consistent environment of services facilitating interaction between European public administrations, enterprises and citizens, and ensuring, facilitating and enabling cross-border or cross-sector interoperability. (23) Solutions established or operated under the present ISA2 Programme should, as far as possible, form part of a consistent environment of services facilitating interaction between European public administrations, enterprises and citizens, and ensuring, facilitating and enabling cross-border or cross-sector interoperability. Such solutions should provide clear added value in terms of the facilitation or enabling of cross-border or cross-sector interoperability. Member States and the Commission should, in conjunction, put in place targeted programmes to ensure that, where necessary, policies with a cross-border or a cross-sector dimension are implemented appropriately through the development of interoperable systems.
Amendment  11 Proposal for a decision Recital 23 a (new)
Text proposed by the Commission	Amendment
	(23a) For the ISA2 Programme to have a real added value at Union level, the "once only" principle, for the registration of relevant data, and the "digital by default" and "open data" principles should constitute key pillars of the implementation of the ISA2 Programme, as part of a comprehensive strategy to build the digital environment for the delivery of public services in the Union.
Amendment  12 Proposal for a decision Recital 24
Text proposed by the Commission	Amendment
(24) Citizens and enterprises should also benefit from common, re-usable and interoperable front-office services resulting from better integration of processes and exchange of data through the European public administrations’ back-offices.	(24) Citizens and enterprises should also benefit from common, re-usable and interoperable front-office services resulting from better integration of processes and exchange of data through the European public administrations’ back-offices. The "once only" principle, for supplying data only once to public administrations, should be promoted in order to reduce the administrative burden on citizens and businesses. In addition, in order for citizens to have confidence in e-services, solutions to provide secure communication through, in particular, e-authentication and encryption should be promoted.
Amendment  13 Proposal for a decision Recital 24 a (new)
Text proposed by the Commission	Amendment
	(24a) In order to allow all citizens and businesses to benefit fully from the programme, it should be stressed that fostering e-skills remains a priority for the Union, and that ICT literacy and skills should be promoted at every stage of traditional and vocational education.
Amendment  14 Proposal for a decision Recital 25
Text proposed by the Commission Amendment (25) The ISA2 Programme should be an instrument for public‑sector modernisation in the Union. (25) The ISA2 Programme is one of the many instruments for the encouragement of public‑sector modernisation in the Union. Modernising European administrations and increasing their interoperability is a prerequisite for the completion of the digital single market, which will lead to the modernisation of traditional industry, and which has estimated gains of EUR 500 billion in additional annual growth, and which can give a substantial boost to job creation in the Union. Member States should continue to modernise their administrations by improving business processes and ICT infrastructures. This Decision should be in line with the Commission's commitment to enable European citizens fully to benefit from interoperable e-services, from e-government to e-health, prioritising the removal of obstacles such as unconnected e-services in order to make the single market freedoms of the Union "go digital".
Amendment  15 Proposal for a decision Recital 26
Text proposed by the Commission	Amendment
(26) Interoperability is directly connected with, and dependent on the use of, standards and common specifications. The ISA2 Programme should promote and, where appropriate, support the partial or full standardisation of existing interoperability solutions. This should be achieved in cooperation with other standardisation activities at Union level, European standardisation organisations and other international standardisation organisations.	(26) The lack of interoperability often undermines the implementation of digital end-to-end services and the development of one-stop shops for businesses and citizens. Interoperability is directly connected with, and dependent on the use of, open standards and common specifications. The ISA2 Programme should promote and, where appropriate, support the partial or full standardisation of existing interoperability solutions. This should be achieved in cooperation with other standardisation activities at Union level, European standardisation organisations and other international standardisation organisations.
Amendment  16 Proposal for a decision Recital 28
Text proposed by the Commission	Amendment
(28) Regulation (EU) No 1303/2013 includes a thematic objective of ‘enhancing institutional capacity of public authorities and stakeholders and an efficient public administration’. In this context, the ISA2 Programme should tie in with programmes and initiatives contributing to the modernisation of public administrations like e.g. the DAE, and related networks like e.g. the European Public Administration Network (EUPAN) and seek synergies with them.	(28) Regulation (EU) No 1303/2013 includes a thematic objective of ‘enhancing institutional capacity of public authorities and stakeholders and an efficient public administration’. In this context, the ISA2 Programme should tie in with programmes and initiatives contributing to the modernisation of public administrations like e.g. the DAE, and related networks like e.g. the European Public Administration Network (EUPAN) and seek synergies with them. Those programmes and initiatives should also ensure that the personnel of European public administrations receive the necessary training to implement interoperability solutions and that Member States have the necessary financial and human resources.
Amendment  17 Proposal for a decision Recital 29
Text proposed by the Commission	Amendment
(29) Interoperability of European public administrations concerns all levels of administration: European, local, regional and national. It is therefore important that solutions take into account their respective needs, as well as those of citizens and enterprises where relevant.	(29) Interoperability of European public administrations concerns all levels of administration: European, local, regional and national. It is therefore important that solutions take into account their respective needs, including those of citizens, enterprises and other stakeholders, and in particular small and medium-sized enterprises, given their valuable contribution to the Union economy.
Amendment  18 Proposal for a decision Recital 29 a (new)
Text proposed by the Commission Amendment   (29a) Interaction with the private sector as well as other entities and stakeholders has already demonstrated its efficiency and added value. Synergies with those stakeholders should be promoted to ensure that priority is given to available and market-supported solutions. In that context, the existing practice of holding conferences, workshops and other meetings should be continued, including with representatives of end-users, and the ongoing use of electronic platforms should be promoted, in order to maintain contact with stakeholders.
Amendment  19 Proposal for a decision Recital 30
Text proposed by the Commission	Amendment
(30) National administrations can be supported in their endeavours through specific instruments under the European Structural and Investment Funds (ESIF). Close cooperation under the ISA2 Programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the Union-wide interoperability frameworks and specifications such as the EIF.	(30) National, regional and local administrations can be supported in their endeavours through specific instruments under the European Structural and Investment Funds (ESIF). Close cooperation under the ISA2 Programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the Union-wide interoperability frameworks and specifications such as the EIF.
Amendment  20 Proposal for a decision Recital 33
Text proposed by the Commission Amendment (33) The ISA2 Programme should contribute to the implementation of any follow-on initiatives in the context of Europe 2020 and the DAE. In order to avoid any duplication of effort, it should take account of other Union programmes in the field of ICT solutions, services and infrastructures, in particular the CEF laid down in Regulation 1316/2013/EU and Horizon 2020 laid down in Regulation (EU) No 1291/2013. (33) The ISA2 Programme should contribute to the implementation of any follow-on initiatives in the context of Europe 2020 and the DAE. In order to avoid any duplication of effort, it should take account of other Union programmes in the field of ICT solutions, services and infrastructures, in particular the CEF laid down in Regulation (EU) No 1316/2013 and Horizon 2020 laid down in Regulation (EU) No 1291/2013. The Commission should coordinate those actions when implementing the ISA2 Programme and when planning future initiatives which would affect interoperability.
Amendment  21 Proposal for a decision Recital 33 a (new)
Text proposed by the Commission Amendment   (33a) When evaluating the ISA2 Programme, the Commission should pay particular attention to whether the solutions created and implemented have a positive or negative impact on modernising the public sector and facilitating the needs of citizens and SMEs, for example by reducing the administrative burden and costs for citizens and SMEs, by creating employment opportunities and by enhancing the overall interconnection between public administrations on the one hand, and citizens and businesses, in particular SMEs, on the other.
Amendment  22 Proposal for a decision Recital 33 b (new)
Text proposed by the Commission Amendment   (33b) When procuring external services for the purposes of the ISA2 Programme, the Commission should encourage tendering on the part of SMEs and, in particular, identify the most economically advantageous tender on the basis of criteria linked to the subject-matter of the contract, including social and environmental characteristics.
Amendment  23 Proposal for a decision Article 1 – paragraph 1
Text proposed by the Commission Amendment 1. This Decision establishes, for 2016-20, a programme on interoperability solutions for European public administrations, businesses and citizens (hereinafter referred to as ‘the ISA2 programme’). 1. This Decision establishes, for 2016-20, a programme on interoperability solutions for European public administrations, businesses and citizens (hereinafter referred to as the ‘ISA2 Programme’). The ISA2 programme shall facilitate efficient and effective electronic cross-border or cross-sector interaction between European public administrations and between them and citizens and businesses, in order to enable the delivery of electronic public services supporting the implementation of Union policies and activities. 1a. The ISA2 Programme shall facilitate efficient and effective electronic cross-border or cross-sector interaction between European public administrations and between them and citizens and businesses, in order to enable the delivery of electronic public services supporting the implementation of Union policies and activities.   The ISA2 Programme shall take into account social, economic and other aspects of interoperability, as well as the specific situation of micro, small and medium-sized enterprises, in order to improve interaction between European public administrations on the one hand, and businesses and citizens on the other. The ISA2 Programme shall respect the right of citizens and businesses to use solutions other than online solutions.   The ISA2 Programme shall contribute to the development of a more effective, simplified and user-friendly e-administration at the national, regional and local levels of public administration.
Amendment  24 Proposal for a decision Article 1 – paragraph 2
Text proposed by the Commission	Amendment
2. Through the ISA2 Programme, the Union shall identify, create and operate interoperability solutions implementing Union policies. These solutions shall subsequently be provided for unlimited use to other Union institutions and bodies, and to national, regional and local public administrations, thus facilitating cross-border or cross-sector interaction between them.	2. Through the ISA2 Programme, the Commission, in conjunction with the Member States, represented by the Committee on Interoperability Solutions for European Public Administrations, Businesses and Citizens (the ISA2 Committee) established under Regulation (EU) No 182/2011, shall identify, create and operate interoperability solutions implementing Union policies. These solutions shall subsequently be provided for unlimited use to other Union institutions and bodies, and to national, regional and local public administrations, thus facilitating cross-border or cross-sector interaction between them.
Justification
The Commission should not make any decisions under this Programme unless it has fully consulted the Member States through the ISA2 Committee to ensure that unnecessary or wasteful programmes are not commenced or continued.
Amendment  25 Proposal for a decision Article 1 – paragraph 4
Text proposed by the Commission Amendment 4. The ISA2 programme succeeds the Union programme on interoperability solutions for public administrations established by Decision No 922/2009/EC (hereinafter referred to as ‘the ISA programme’) and shall consolidate, promote and expand its activities. 4. The ISA2 Programme succeeds the Union programme on interoperability solutions for public administrations established by Decision No 922/2009/EC (hereinafter referred to as ‘the ISA programme’) and shall consolidate, promote and expand its activities.   (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment  26 Proposal for a decision Article 2 – point 1
Text proposed by the Commission	Amendment
(1) ‘interoperability’ means the ability of disparate and diverse organisations to interact towards mutually beneficial and agreed common goals, involving the sharing of information and knowledge between the organisations, through the business processes they support, by means of the exchange of data between their respective information and communication technology (ICT) systems;	(1) ‘interoperability’ means the ability of different organisations to interact towards mutually beneficial and agreed common goals, involving the sharing of information and knowledge between the organisations, through the business processes they support, by means of the exchange of data between their respective information and communication technology (ICT) systems;
Justification
The word "different" is a more efficient way of saying "disparate and diverse".
Amendment  27 Proposal for a decision Article 2 – point 2
Text proposed by the Commission	Amendment
(2) ’interoperability solutions’ means common frameworks, common services and generic tools facilitating cooperation between disparate and diverse organisations, either autonomously funded and developed by the ISA2 Programme or developed in cooperation with other Union initiatives, based on identified requirements of European public administrations;	(2) ’interoperability solutions’ means common frameworks, common services and functional tools facilitating cooperation between different organisations, either autonomously funded and developed by the ISA2 Programme or developed in cooperation with other Union initiatives, based on identified requirements of European public administrations;
Justification
The word "different" is a more efficient way of saying "disparate and diverse".
Amendment  28 Proposal for a decision Article 2 – point 2 a (new)
Text proposed by the Commission Amendment   (2a) “user” of interoperability solutions means European public administrations at national, regional or local level;
Amendment  29 Proposal for a decision Article 2 – point 2 b (new)
Text proposed by the Commission Amendment   (2b) "end user” of the ISA2 Programme means citizens and businesses;
Amendment  30 Proposal for a decision Article 2 – point 5
Text proposed by the Commission	Amendment
(5) ‘common frameworks’ means specifications, standards, methodologies, guidelines, common semantic assets and similar approaches and documents;	(5) ‘common frameworks’ means common reference architecture, specifications, standards, methodologies, guidelines, common semantic assets and similar approaches and documents;
Amendment  31 Proposal for a decision Article 2 – point 10 – indent 1
Text proposed by the Commission Amendment - strategic and awareness-raising measures; - strategic measures;
Amendment  32 Proposal for a decision Article 2 – point 10 – indent 1 a (new)
Text proposed by the Commission Amendment   - information, communication of the benefits of the ISA2 Programme, and awareness-raising measures, aimed at citizens and businesses, especially SMEs;
Amendment  33 Proposal for a decision Article 3 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) the assessment of the ICT implications of proposed or adopted Union legislation;	(c) the assessment of the ICT implications of planned, proposed or adopted Union legislation, with, where appropriate, an assessment of the need to enlarge the scope and mandate of the European Agency for the operational management of large scale IT systems in the area of freedom, security and justice (eu-LISA);
Amendment  34 Proposal for a decision Article 3 – paragraph 1 – point d
Text proposed by the Commission Amendment (d) the identification of legislation gaps that hamper interoperability between European public administrations; (d) the identification of legislation gaps at Union and national level that hamper cross-border or cross-sector interoperability between European public administrations;
Amendment  35 Proposal for a decision Article 3 – paragraph 1 – point g
Text proposed by the Commission	Amendment
(g) the assessment, update and promotion of existing common specifications and standards and the development, establishment and promotion of new common specifications and standards through the Union’s standardisation platforms and in cooperation with European or international standardisation organisations as appropriate; and	(g) the assessment, update and promotion of existing common specifications and standards and the development, establishment and promotion of new common specifications and open standards through the Union’s standardisation platforms and in cooperation with European or international standardisation organisations as appropriate, including on data transmission, processing and storage security; and
Amendment  36 Proposal for a decision Article 3 – paragraph 1 – point h
Text proposed by the Commission Amendment (h) the development of mechanisms that will measure and quantify the benefits of interoperability solutions. (h) the development of mechanisms that will measure and, where applicable, quantify the benefits of interoperability solutions.
Amendment  37 Proposal for a decision Article 3 – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. In assessing which of the measures referred to in paragraph 1 are to be taken, the ISA2 Programme shall take into account, in particular, the eligibility and selection criteria set out in Article 4(2).
Amendment  38 Proposal for a decision Article 3 - paragraph 2
Text proposed by the Commission Amendment In addition, the ISA2 Programme may act as a ‘solution incubator’, piloting new interoperability solutions, and as a ‘solution bridge’, operating existing interoperability solutions. 2. The ISA2 Programme may act as a ‘solution incubator’, piloting new interoperability solutions, and as a ‘solution bridge’, operating existing interoperability solutions.
Amendment  39 Proposal for a decision Article 3 – paragraph 2 a (new)
Text proposed by the Commission Amendment   By …* , the Commission shall develop a communication and training strategy, aiming to enhance information and to increase awareness with regard to the ISA2 Programme and its benefits, targeted, in particular, at citizens and SMEs, and employing user-friendly language and infographics on the ISA2 Programme's webpage.   _____________   * OJ: please insert date: 6 months after the date of entry into force of this Decision.
Amendment  40 Proposal for a decision Article 4
Text proposed by the Commission Amendment Article 4 Article 4 General principles Eligibility and selection criteria Actions launched or continued under the ISA2 Programme shall: 1. Actions launched or continued under the ISA2 Programme shall be based on utility and added value for European public administrations, businesses and citizens, and shall be driven by needs identified as being useful, cost-efficient and in demand. (a) be based on utility and driven by identified needs;     2. Actions launched or continued under the ISA2 Programme shall take into account the underlying principles of European public services as set out in the EIF. (b) comply with the following set of principles: Furthermore, they shall take into account the following eligibility and selection criteria: - subsidiarity and proportionality; - subsidiarity and proportionality; - user-centricity; - a focus on end-users, particularly the needs of citizens and SMEs; - inclusion and accessibility; - inclusiveness and accessibility; - security and privacy; - security and privacy; - multilingualism; - multilingualism; - administrative simplification; - administrative simplification and modernisation; - transparency; - transparency; - preservation of information; - preservation of information; - openness; - openness; - re-usability; - re-usability; - technological neutrality and adaptability; and - technological neutrality, solutions which are future-proof insofar as possible, and adaptability;   - net neutrality; - effectiveness and efficiency; - effectiveness and efficiency; and   - multi-channel delivery, namely maintenance of the possibility to access services by way of traditional means in addition to electronic means, and the availability of technical support when using electronic means.   3. Actions launched or continued under the ISA2 Programme shall be in accordance with at least one of the ISA2 Programme's objectives, as referred to in Article 1.   4. Actions launched or continued under the ISA2 Programme shall be undertaken in accordance with existing or new European standards or publicly available specifications for information exchange and service integration.   5. Actions launched or continued under the ISA2 Programme shall comply with the guidance set by the e-Government Expert Group, the European Interoperability Strategy, the European Interoperability Framework, and the European Statistics Code of Practice, and their future updates. (c) be extensible and applicable to other business or policy areas; and 6. Actions launched or continued under the ISA2 Programme shall be extensible and applicable to other business or policy areas, in particular through implementation of open data principles, and flexible with regard to future technological developments. (d) demonstrate financial, organisational and technical sustainability. 7. Actions launched or continued under the ISA2 Programme shall demonstrate financial, organisational and technical sustainability.   8. For an action to be launched or continued under the ISA2 Programme, a specific user need or area of the market not already being explored shall have been identified. It shall also have been clearly demonstrated how the action will meet that need, in accordance with the activities referred to in Article 3.
Amendment  41 Proposal for a decision Article 5 – paragraph 2 – subparagraph 1 - introductory part
Text proposed by the Commission	Amendment
Actions in the form of projects shall, where appropriate, consist of the following phases:	Where appropriate, actions in the form of projects may consist of multiple phases:
Justification
There should be flexibility to ensure that this Decision does not constrain the development of a solution.
Amendment  42 Proposal for a decision Article 5 – paragraph 2 – subparagraph 2
Text proposed by the Commission	Amendment
The phases of specific projects shall be defined and specified at the time when the action is included in the rolling work programme.	The phases of specific projects may be defined and specified at the time when the action is included in the rolling work programme. It shall be possible to terminate a project at any point if it is no longer needed or considered effective.
Justification
There should be flexibility to ensure that this Decision does not constrain the development of a solution.
Amendment  43 Proposal for a decision Article 6 – paragraph 1
Text proposed by the Commission Amendment 1. In the implementation of the ISA2 Programme, due consideration shall be given to the European Interoperability Strategy, the European Interoperability Framework and their future updates. 1. In the implementation of the ISA2 Programme, solutions shall contribute to the implementation of, and only be developed if they are fully in line with, the European Interoperability Strategy, the European Interoperability Framework, the Commission's digital single market strategy, and their future updates.
Amendment  44 Proposal for a decision Article 6 – paragraph 2 a (new)
Text proposed by the Commission Amendment   2a. In the implementation of the ISA2 Programme, the Commission shall consult stakeholders to the greatest extent possible, in particular citizens and SMEs as far as they are involved.   The Commission shall, to the extent possible, involve SMEs in the greatest possible number of projects.
Amendment  45 Proposal for a decision Article 6 – paragraph 5
Text proposed by the Commission Amendment 5. In order to avoid duplication and to speed up the establishing of interoperability solutions, results achieved by other relevant Union and Member State initiatives shall be taken into account where appropriate. 5. In order to avoid duplication and to speed up the establishing of interoperability solutions, results achieved by other relevant Union and Member State initiatives shall be taken into account, and good practices shall be communicated and promoted.
Amendment  46 Proposal for a decision Article 6 – paragraphs 7 to 10
Text proposed by the Commission Amendment 7. Interoperability solutions and their updates shall be included in the EIC and made available, where appropriate, for re-use by European public administrations. 7. Interoperability solutions and their updates shall be included in the EIC and made available, where appropriate, for re-use by European public administrations and, where applicable, by citizens and businesses. 8. The Commission shall monitor periodically the implementation and re-use of interoperability solutions across the Union, as part of the rolling work programme established pursuant to Article 7.   9. In order to maximise synergies and ensure complementary and combined efforts, actions shall, where appropriate, be coordinated with other relevant Union initiatives. 9. In order to maximise synergies, ensure complementary and combined efforts and avoid duplication, actions shall, where appropriate, be coordinated with other relevant Union initiatives. 10. All actions and interoperability solutions funded under the ISA2 Programme shall be encouraged, where appropriate, to re-use available interoperability solutions. 10. All actions and interoperability solutions funded under the ISA2 Programme shall, where appropriate, re-use available interoperability solutions.
Amendment  47 Proposal for a decision Article 7 – paragraphs 1 and 2
Text proposed by the Commission Amendment 1. At the start of the ISA2 Programme, the Commission shall adopt implementing acts establishing a rolling work programme and amending it at least once a year, for the implementation of actions for the entire period of application of this Decision. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2). 1. At the start of the ISA2 Programme, the Commission shall adopt implementing acts establishing a rolling work programme and amending it at least once a year, for the implementation of actions for the entire period of application of this Decision. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2). The rolling work programme shall identify, prioritise, document, select, design, implement and evaluate the actions referred to in Article 5, as well as promote their results. The rolling work programme shall identify, prioritise, document, select, design, implement and evaluate the actions referred to in Article 5, including the accompanying measures referred to in Article 5(3), as well as promote their results.   The rolling working programme shall take into account the extent to which the eligibility and selection criteria set out in Article 4(2) are met. 2. The inclusion of actions in the rolling work programme shall be subject to compliance with a set of rules and admission criteria before being included in the rolling work programme. Those rules and criteria and any amendments thereof shall be an integral part of the rolling work programme. 2. The inclusion of actions in the rolling work programme shall be subject to compliance with a set of administrative procedures establishing the applicable objectives before being included in the rolling work programme. Those administrative procedures and any amendments thereto shall be an integral part of the rolling work programme.
Amendment  48 Proposal for a decision Article 11 - paragraphs 2 and 3
Text proposed by the Commission Amendment 2. The Commission shall report annually to the ISA2 Committee on the implementation of the Programme. 2. The Commission shall report annually to the ISA2 Committee and the competent committee or committees of the European Parliament on the implementation of the ISA2 Programme and the re-use of interoperability solutions across the Union.   The competent committee or committees of the European Parliament may invite the Commission to report on the implementation of the ISA2 Programme and answer questions raised by their members. 3. The Programme shall be subject to an interim evaluation and a final evaluation, the results of which shall be communicated to the European Parliament and the Council by 31 December 2018 and 31 December 2021 respectively. In this context, the responsible committee of the Parliament may invite the Commission to present the evaluation results and answer questions raised by its members. 3. The ISA2 Programme shall be subject to an interim evaluation and a final evaluation, each of which shall be accompanied by an impact assessment, and the results of which shall be communicated to the European Parliament and the Council by 31 December 2018 and 31 December 2021 respectively. In this context, the competent committee or committees of the European Parliament may invite the Commission to present the evaluation results and answer questions raised by their members.
Amendment  49 Proposal for a decision Article 11 – paragraph 4
Text proposed by the Commission Amendment 4. The evaluations shall examine issues such as the relevance, effectiveness, efficiency, utility, sustainability and coherence of Programme actions. The final evaluation shall, in addition, examine the extent to which the Programme has achieved its objective. 4. The evaluations shall examine issues such as the relevance, added value, effectiveness, efficiency, utility, the satisfaction of citizens and businesses, sustainability and coherence of ISA2 Programme actions, as well as their coordination with other relevant Union initiatives. The final evaluation shall, in addition, examine the extent to which the ISA2 Programme has achieved its objective.
Amendment  50 Proposal for a decision Article 11 – paragraph 5
Text proposed by the Commission Amendment 5. The performance of the Programme shall be assessed against the objective laid out in Article 1 and the actions of the rolling work programme. The objective shall be measured in particular through the number of key interoperability enablers and through the number of supporting instruments for public administrations delivered to and used by European public administrations. Indicators for measuring the result and impact of the Programme shall be defined in the rolling work programme. 5. The performance of the ISA2 Programme shall be assessed against the objective laid out in Article 1(2) and the eligibility and selection criteria set out in Article 4(2). The achievement of the objective shall be measured in particular in terms of the number of key interoperability enablers and supporting instruments for public administrations delivered to and used by European public administrations.
Amendment  51 Proposal for a decision Article 11–- paragraph 5 a (new)
Text proposed by the Commission Amendment   5a. The Commission shall establish indicators for measuring the result and impact of the ISA2 Programme.   Such indicators shall take into account the eligibility and selection criteria set out in Article 4(2).
Amendment  52 Proposal for a decision Article 11 – paragraph 6
Text proposed by the Commission	Amendment
6. The evaluations shall also examine the benefits of the actions to the Union for the advancement of common policies, identify areas for potential improvement and verify synergies with other Union initiatives in the area of cross-border or cross-sector interoperability and the modernisation of European public administrations.	6. The evaluations shall also examine the benefits of the actions to the Union for the advancement of common policies, identify areas for potential improvement and verify synergies with other Union initiatives in the area of cross-border or cross-sector interoperability and the modernisation, simplification and efficiency of European public administrations.
Amendment  53 Proposal for a decision Article 11 – paragraph 8 – point a
Text proposed by the Commission Amendment (a) quantifiable benefits that the interoperability solutions deliver by linking ICT with users’ needs; (a) quantifiable and qualifiable benefits that the interoperability solutions deliver by linking ICT with the needs of users and end-users, in particular citizens and SMEs;
Amendment  54 Proposal for a decision Article 11 – paragraph 8 –point b
Text proposed by the Commission Amendment (b) the quantifiable positive impact of the interoperable ICT‑based solutions. (b) the quantifiable and qualifiable impact of interoperable ICT‑based solutions, in particular on public administrations, citizens and SMEs.
Amendment  55 Proposal for a decision Article 13
Text proposed by the Commission Amendment Without prejudice to other Union policies, interoperability solutions established or operated by the ISA2 Programme may be used by non-Union initiatives, for non-commercial purposes, provided that no extra costs are incurred for the general budget of the Union and the main Union objective of the interoperable solution is not compromised. Without prejudice to other Union policies, and in accordance with the eligibility and selection criteria set out in Article 4(2), interoperability solutions established or operated by the ISA2 Programme may be used by non-Union initiatives, for non-commercial purposes, provided that no extra costs are incurred for the general budget of the Union and the main Union objective of the interoperable solution is not compromised.

PROCEDURE

Title	Interoperability solutions for European public administrations, businesses and citizens (ISA2) Interoperability as a means for modernising the public sector
References	COM(2014)0367 – C8-0037/2014 – 2014/0185(COD)
Committee responsible        Date announced in plenary	ITRE 3.7.2014
Opinion by        Date announced in plenary	IMCO 3.7.2014
Associated committees - date announced in plenary	15.1.2015
Rapporteur        Date appointed	Liisa Jaakonsaari 17.7.2014
Discussed in committee	5.2.2015	17.3.2015	6.5.2015
Date adopted	4.6.2015
Result of final vote	+: –: 0:	33 1 1
Members present for the final vote	Dita Charanzová, Carlos Coelho, Lara Comi, Anna Maria Corazza Bildt, Daniel Dalton, Nicola Danti, Pascal Durand, Evelyne Gebhardt, Maria Grapini, Robert Jarosław Iwaszkiewicz, Liisa Jaakonsaari, Antonio López-Istúriz White, Jiří Pospíšil, Marcus Pretzell, Robert Rochefort, Virginie Rozière, Christel Schaldemose, Olga Sehnalová, Igor Šoltes, Ivan Štefanec, Catherine Stihler, Róża Gräfin von Thun und Hohenstein, Mylène Troszczynski, Mihai Ţurcanu, Anneleen Van Bossuyt, Marco Zullo
Substitutes present for the final vote	Lucy Anderson, Pascal Arimont, Birgit Collin-Langen, Jens Nilsson, Adam Szejnfeld, Marc Tarabella, Ulrike Trebesius, Ulla Tørnæs
Substitutes under Rule 200(2) present for the final vote	Andrey Kovatchev

OPINION of the Committee on Civil Liberties, Justice and Home Affairs(*) (10.6.2015)

for the Committee on Industry, Research and Energy

on the proposal for a decision of the European Parliament and of the Council establishing a programme on interoperability solutions for European public administrations, businesses and citizens (ISA²) Interoperability as a means for modernising the public sector
(COM(2014)0367 – C8‑0037/2014 – 2014/0185(COD))

Rapporteur: Jeroen Lenaers

(*) Associated committee – Rule 54 of the Rules of Procedure

SHORT JUSTIFICATION

This proposal provides for the establishment of a programme on interoperability solutions for European public administration, businesses, and citizens (ISA²), which will be a welcome continuation and improvement of previous programmes (IDA, IDABC, ISA). As was agreed with the ITRE and IMCO Committees, the LIBE Committee, pursuant to Annex VI of the Rules of Procedure, will be exclusively competent for aspects relating to data protection and fundamental rights.

Although not all of the interoperability solutions that will be developed under ISA² will involve the processing of personal data, some solutions definitely will. The Rapporteur therefore considers it of importance to insert specific references to the Union's data protection acquis, since the current proposal of the European Commission does not sufficiently cover this aspect.

The amendments as proposed by the Rapporteur insert specific references to the Union's data protection acquis, especially Directive 95/46/EC and Regulation (EC) No 45/2001 of the European Parliament and the Council as to ensure that the rights of individuals are respected when the actions covered by ISA² will entail the processing of personal data.

Further, the principle of data protection by design is added to the general principles upon which actions under the ISA² Programme are taken. This will ensure that already at the development stage of an interoperability solution involving processing of personal data, data protection requirements are taken into consideration. Similar reference are inserted to the implementation, monitoring and evaluation phases in order to ensure that also during those phases due attention is given to the protection of personal data.

AMENDMENTS

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Industry, Research and Energy, as the committee responsible, to take into account the following amendments:

Amendment  1 Proposal for a decision Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3a) Interoperability as regards data protection and stronger cross-border cooperation should reveal a substantial potential for better efficiency of Member States’ public services, which, if used to full capacity, could help achieving the goals of the European Semester.
Amendment  2 Proposal for a decision Recital 19
Text proposed by the Commission	Amendment
(19) A single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e-barriers that impede the proper functioning of the internal market and the associated freedoms of movement, and undermine the openness and competitiveness of markets and the delivery of services of general interest to citizens and enterprises. In order to mitigate this risk, Member States and the Union should step up joint efforts to avoid market fragmentation and ensure cross-border or cross-sector interoperability in the implementation of legislation, while reducing administrative burdens and costs, and promote commonly agreed ICT solutions, while ensuring appropriate governance.	(19) A single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e-barriers that impede the proper functioning of the internal market and the associated freedoms of movement, and undermine the openness and competitiveness of markets and the delivery of services of general interest to citizens and enterprises. In order to mitigate this risk, Member States and the Union should step up joint efforts to avoid market fragmentation and ensure cross-border or cross-sector interoperability in the implementation of legislation, while reducing administrative burdens and costs, and promote commonly agreed ICT solutions, while ensuring appropriate governance. Security of data use and cloud storage should also be covered by the ISA2 Programme.
Amendment  3 Proposal for a decision Recital 33 a (new)
Text proposed by the Commission Amendment   (33a) The principles and provisions laid down in Union law concerning the protection of privacy and the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council1a and Regulation (EC) No 45/2001 of the European Parliament and the Council1b, should apply to solutions developed, established and operated under the ISA2 Programme that entail the processing of personal data.   ______________________   1a Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).   1b Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
Amendment  4 Proposal for a decision Article 3 – paragraph 1 – point g
Text proposed by the Commission	Amendment
(g) the assessment, update and promotion of existing common specifications and standards and the development, establishment and promotion of new common specifications and standards through the Union’s standardisation platforms and in cooperation with European or international standardisation organisations as appropriate; and	(g) the assessment, update and promotion of existing common specifications and standards and the development, establishment and promotion of new common specifications and standards through the Union’s standardisation platforms and in cooperation with European or international standardisation organisations as appropriate, including with regard to the security of data transmission, processing and storage; and
Amendment  5 Proposal for a decision Article 3 – paragraph 1 – point h a (new)
Text proposed by the Commission	Amendment
	(ha) facilitation of the re-use of data by enterprises and citizens in a beneficial and practical manner, in accordance with the applicable law on, inter alia, data protection.
Amendment  6 Proposal for a decision Article 4 – point b – indent 4
Text proposed by the Commission Amendment – security and privacy; – security, respect for privacy and a high level of data protection;
Amendment  7 Proposal for a decision Article 4 – point b – indent 4 a (new)
Text proposed by the Commission Amendment   – privacy by default and by design;
Amendment  8 Proposal for a decision Article 6 – paragraph 4
Text proposed by the Commission Amendment 4. The establishment or improvement of interoperability solutions shall, where appropriate, build on or be accompanied by the sharing of experience and the exchange and promotion of good practices. The sharing of experience and good practices between all stakeholders and relevant public consultations shall be encouraged 4. The establishment or improvement of interoperability solutions shall, where appropriate, build on or be accompanied by the sharing of experience and the exchange and promotion of good practices. This shall include a due consideration of the impact of interoperability solutions on privacy and data protection. The sharing of experience and good practices between all stakeholders and relevant public consultations shall be encouraged.
Amendment  9 Proposal for a decision Article 6 – paragraph 11
Text proposed by the Commission Amendment   11. Actions and interoperability solutions that require processing of personal data, shall, where appropriate and possible, be preceded by a data protection impact assessment.
Amendment  10 Proposal for a decision Article 11 – paragraph 3 a (new)
Text proposed by the Commission Amendment   3a. The interim and final evaluation of the ISA2 Programme shall include an analysis of compliance with Union law concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data in all relevant actions and interoperability solutions that require the processing of personal data.
Amendment  11 Proposal for a decision Article 13 a (new)
Text proposed by the Commission Amendment   Article 13a   Data protection   Solutions developed, established and operated under the ISA2 Programme, including any form of cooperation with third countries and international organisations, which entail the processing of personal data shall strictly comply with Union law concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data.

PROCEDURE

Title	Interoperability solutions for European public administrations, businesses and citizens (ISA2) Interoperability as a means for modernising the public sector
References	COM(2014)0367 – C8-0037/2014 – 2014/0185(COD)
Committee responsible        Date announced in plenary	ITRE 3.7.2014
Opinion by        Date announced in plenary	LIBE 3.7.2014
Associated committees - date announced in plenary	15.1.2015
Rapporteur        Date appointed	Jeroen Lenaers 3.12.2014
Discussed in committee	5.2.2015	5.3.2015	6.5.2015	26.5.2015
Date adopted	26.5.2015
Result of final vote	+: –: 0:	48 2 0
Members present for the final vote	Martina Anderson, Malin Björk, Caterina Chinnici, Rachida Dati, Agustín Díaz de Mera García Consuegra, Tanja Fajon, Laura Ferrara, Kinga Gál, Nathalie Griesbeck, Sylvie Guillaume, Jussi Halla-aho, Monika Hohlmeier, Brice Hortefeux, Iliana Iotova, Eva Joly, Timothy Kirkhope, Barbara Kudrycka, Marju Lauristin, Juan Fernando López Aguilar, Vicky Maeijer, Roberta Metsola, Claude Moraes, József Nagy, Judith Sargentini, Birgit Sippel, Branislav Škripek, Csaba Sógor, Helga Stevens, Marie-Christine Vergiat, Beatrix von Storch, Cecilia Wikström, Kristina Winberg, Tomáš Zdechovský
Substitutes present for the final vote	Carlos Coelho, Anna Maria Corazza Bildt, Pál Csáky, Miriam Dalli, Gérard Deprez, Miltiadis Kyrkos, Jeroen Lenaers, Maite Pagazaurtundúa Ruiz, Emilian Pavel, Christine Revault D’Allonnes Bonnefoy, Petri Sarvamaa, Elly Schlein, Josep-Maria Terricabras, Ruža Tomašić, Axel Voss
Substitutes under Rule 200(2) present for the final vote	Andrey Novakov, Annie Schreijer-Pierik

PROCEDURE

Title	Interoperability solutions for European public administrations, businesses and citizens (ISA2) Interoperability as a means for modernising the public sector
References	COM(2014)0367 – C8-0037/2014 – 2014/0185(COD)
Date submitted to Parliament	23.6.2014
Committee responsible        Date announced in plenary	ITRE 3.7.2014
Committees asked for opinions        Date announced in plenary	BUDG 3.7.2014	ENVI 3.7.2014	IMCO 3.7.2014	REGI 3.7.2014
	JURI 3.7.2014	LIBE 3.7.2014
Not delivering opinions        Date of decision	BUDG 3.9.2014	ENVI 24.7.2014	REGI 3.12.2014	JURI 3.9.2014
Associated committees        Date announced in plenary	LIBE 15.1.2015	IMCO 15.1.2015
Rapporteurs        Date appointed	Carlos Zorrinho 9.9.2014
Discussed in committee	3.12.2014	22.1.2015
Date adopted	16.6.2015
Result of final vote	+: –: 0:	55 2 0
Members present for the final vote	Zigmantas Balčytis, Bendt Bendtsen, Reinhard Bütikofer, Jerzy Buzek, David Coburn, Philippe De Backer, Christian Ehler, Fredrick Federley, Ashley Fox, Adam Gierek, Theresa Griffin, Marek Józef Gróbarczyk, András Gyürk, Roger Helmer, Eva Kaili, Barbara Kappel, Krišjānis Kariņš, Seán Kelly, Jeppe Kofod, Miapetra Kumpula-Natri, Janusz Lewandowski, Ernest Maragall, Edouard Martin, Nadine Morano, Dan Nica, Aldo Patriciello, Morten Helveg Petersen, Miroslav Poche, Miloslav Ransdorf, Michel Reimon, Herbert Reul, Paul Rübig, Algirdas Saudargas, Dario Tamburrano, Evžen Tošenovský, Miguel Urbán Crespo, Vladimir Urutchev, Kathleen Van Brempt, Martina Werner, Flavio Zanonato
Substitutes present for the final vote	Michał Boni, Lefteris Christoforou, Miriam Dalli, João Ferreira, Gerben-Jan Gerbrandy, Françoise Grossetête, Constanze Krehl, Olle Ludvigsson, Svetoslav Hristov Malinov, Piernicola Pedicini, Sofia Sakorafa, Anne Sander, Maria Spyraki, Indrek Tarand, Mihai Ţurcanu, Anneleen Van Bossuyt
Substitutes under Rule 200(2) present for the final vote	Bart Staes
Date tabled	6.7.2015