REPORT on the proposal for a regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/2012

    8.3.2018 - (COM(2017)0256 – C8‑0141/2017 – 2017/0086(COD)) - ***I

    Committee on the Internal Market and Consumer Protection
    Rapporteur: Marlene Mizzi


    Procedure : 2017/0086(COD)
    Document stages in plenary
    Document selected :  
    A8-0054/2018

    DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

    on the proposal for a regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/2012

    (COM(2017)0256 – C8‑0141/2017 – 2017/0086(COD))

    (Ordinary legislative procedure: first reading)

    The European Parliament,

    –  having regard to the Commission proposal to Parliament and the Council (COM(2017)0256),

    –  having regard to Article 294(2) and Articles 21(2), 48 and 114(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0141/2017),

    –  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 18 October 2017[1],

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

    –  having regard to the report of the Committee on the Internal Market and Consumer Protection (A8-0054/2018),

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

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

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

    Amendment    1

    Proposal for a regulation

    Recital 2

    Text proposed by the Commission

    Amendment

    (2)  The Digital Single Market Communication17 recognises the role of the Internet and digital technologies in transforming the lives we lead and the way in which we work by facilitating immense opportunities for innovation, growth and jobs. The Communication acknowledges that the needs of citizens and businesses in their own country and across borders could be better met by extending and integrating existing European portals, networks, services and systems and by linking them to a Single Digital Gateway. The Union e-Government Action Plan 2016-202018 lists the single digital gateway amongst one of its actions for 2017. The EU Citizenship report19 considers the single digital gateway as a priority for the Unions' citizenship rights.

    (2)  The Digital Single Market Communication17 recognises the role of the Internet and digital technologies in transforming the lives and the way in which citizens, companies and their employees communicate, access information and knowledge, consume, participate and work by facilitating opportunities for innovation, growth and jobs. That Communication, along with several resolutions adopted by the European Parliament, acknowledges that the needs of citizens and businesses in their own country and across borders could be better met by extending and integrating existing European and national portals, websites, networks, services and systems and by linking them, thereby creating a European single entry point, or Single Digital Gateway. The Union e-Government Action Plan 2016-202018 lists the single digital gateway amongst one of its actions for 2017. The EU Citizenship report19 considers the single digital gateway as a priority for the Unions' citizenship rights.

    __________________

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    17 ‘A Digital Single Market Strategy for Europe’, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2015) 192 final.6.5.2015

    17 ‘A Digital Single Market Strategy for Europe’, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2015) 192 final.6.5.2015

    18 ‘EU eGovernment Action Plan 2016-2020 Accelerating the digital transformation of government’ Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2016)0179 final.

    18 ‘EU eGovernment Action Plan 2016-2020 Accelerating the digital transformation of government’ Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2016)0179 final.

    19 EU Citizenship Report: Strengthening citizens' rights in a Union of democratic change, 24 January 2017, COM(2017)30/2 final.

    19 EU Citizenship Report: Strengthening citizens' rights in a Union of democratic change, 24 January 2017, COM(2017)30/2 final.

    Justification

    Better reflection of the importance of digital technologies in transforming the lives and the way citizens, companies and their employees communicate, access information and knowledge, invent, consume, participate and work. Furthermore, stresses the importance of integrating all European and national portals into one single entry point.

    Amendment    2

    Proposal for a regulation

    Recital 3

    Text proposed by the Commission

    Amendment

    (3)  The European Parliament and the Council have repeatedly called for a more comprehensive, more user friendly package of information and assistance to help businesses navigate the Single Market and to strengthen and streamline Single Market tools in order to better meet the needs of citizens and businesses in their cross-border activities.

    (3)  The European Parliament and the Council have repeatedly called for a more comprehensive, more user friendly package of information and assistance to help citizens and businesses navigate the Single Market and to strengthen and streamline Single Market tools in order to better meet the needs of citizens and businesses in their cross-border activities.

    Justification

    The European Parliament has repeatedly called for more information and assistance to help both citizens and businesses.

    Amendment    3

    Proposal for a regulation

    Recital 4

    Text proposed by the Commission

    Amendment

    (4)  This Regulation responds to these calls by offering citizens and businesses easy access to information, procedures and assistance and problem solving services they need for the exercise of their rights in the internal market. This Regulation establishes a single digital gateway in the context of which the Commission and competent authorities would play an important role in achieving those objectives.

    (4)  This Regulation responds to these calls by offering citizens and businesses access to the information, online procedures and assistance and problem solving services that they need for the exercise of their rights in the internal market. The single digital gateway could help contribute to the greater transparency of rules and regulations in areas such as travel within the Union, work and retirement in the Union, residence by citizens in Member States other than their Member States of origin, access to education in other Member States, access to healthcare, exercise of family rights, residence rights, citizens’ rights and consumer rights. Furthermore, it could help improve consumers' confidence, address fragmentation in consumer protection and internal market rules and reduce compliance costs for businesses. This Regulation establishes a user-friendly, interactive single digital gateway which, based on users' needs, should guide them to the most appropriate services. In that context, the Commission, Member States and competent authorities would play an important role in achieving those objectives.

    Amendment    4

    Proposal for a regulation

    Recital 4 a (new)

    Text proposed by the Commission

    Amendment

     

    (4 a)  The single digital gateway should facilitate interactions between citizens and businesses, on the one hand, and public administrations and competent authorities, on the other hand, by providing access to online portals, webpages and websites managed at Union, national, regional or local level, facilitating the day-to-day activities of citizens and businesses and minimising obstacles incurred in the single market. The existence of a single digital gateway providing access to accurate and up-to-date information, online access to procedures and assistance and problem solving services could help raise users' awareness of the different existing online services and could save users costs and time involved in determining which online service is the most appropriate for their requirements.

    Amendment    5

    Proposal for a regulation

    Recital 5

    Text proposed by the Commission

    Amendment

    (5)  This Regulation lists the information areas which are relevant for citizens and businesses exercising their rights within the internal market and should require Member States and the Commission to ensure that information within those areas is fully covered by national and Union level websites and portals. Furthermore, the information should not only explain the rules and obligations of citizens and businesses, but should also explain the procedures to be completed by citizens and businesses to comply with those rules and obligations. The information should also provide a description of the assistance and problem solving services which citizens and businesses can refer to where they have problems with understanding the information, with the application of that information to their particular situation or with the completion of a procedure.

    (5)  This Regulation lists the information areas which are relevant for citizens and businesses exercising their rights within the internal market and should require Member States and the Commission to ensure that accurate, high-quality and up-to-date information within those areas is fully covered at national and Union level, including regional and local levels, explaining the applicable rules and obligations and the procedures to be completed by citizens and businesses in order to comply with those rules and obligations. That information should be grouped under topic areas, such as ‘labour conditions’, ‘health 'and ‘pensions’, interlinking different complementary services, so that users can be easily routed between different services through the single digital gateway. In order to ensure the clarity of the single digital gateway, the information provided through that gateway should be clear, accurate and up-to-date, the use of complex terminology should be minimised and the use of acronyms should be limited to those which provide simplified and easily understandable terms that do not require a pre-existing knowledge of the issue or area of law. Furthermore, that information should also provide a description of the assistance and problem solving services which citizens and businesses can refer to where they have problems with understanding the information, with the application of that information to their particular situation or with the completion of a procedure.

    Justification

    In order for the Single Digital Gateway to meet the users’ needs, standards should be set on the quality of information. Clear, accurate and up-to-date information were identified by citizens and businesses as some of the most important features of a single point of contact in the study “A European Single Point of Contact” (2013) conducted for the European Parliament’s Policy Department A. In line with the authors’ recommendations, it should also be ensured that the information is easy to understand so that a maximum number of users can benefit from the information and services foreseen in this Regulation.

    Amendment    6

    Proposal for a regulation

    Recital 6

    Text proposed by the Commission

    Amendment

    (6)  Since the initiative pursues a threefold purpose aiming at reducing additional administrative burden on citizens and businesses that operate or want to operate in other Member States in full compliance with national rules and procedures, eliminating discrimination and ensuring the functioning of the internal market with regard to provision of information, procedures and assistance and problem solving services and since its components cover free movement of citizens and social security, which cannot be considered merely incidental, the initiative should be based on Articles 21(2), 48 and 114 (1) TFEU.

    (6)  Since this Regulation aims to reduce additional administrative burdens on citizens and businesses, whether they operate, or want to operate, in other Member States or in the Member State where they are established or reside, in full compliance with national rules and procedures, eliminating discrimination and ensuring the functioning of the internal market with regard to provision of information, procedures and assistance and problem solving services, and since its components cover the free movement of citizens and social security, which cannot be considered merely incidental, this Regulation should be based on Articles 21(2), 48 and 114(1) TFEU.

    Justification

    The Single Digital Gateway will provide benefits not only for cross-border users but also for users accessing the gateway in their national Member State or in the Member State they live/reside by moving national administration towards the targets of achieving e-government and providing digital solutions for day to day activities in people’s lives.

    Amendment    7

    Proposal for a regulation

    Recital 7

    Text proposed by the Commission

    Amendment

    (7)  In order for Union citizens and businesses to enjoy their right to free movement within the internal market, the Union should adopt specific measures allowing citizens and businesses to have easy access to comprehensive and reliable information about their rights created by Union law and to information about the applicable national rules and procedures with which they will need to comply where they move to, live or study or where they establish or carry out a business in another Member State other than their own. The information to be provided at national level should not only concern national rules implementing Union law, but also any other national rules that are applicable to national citizens and businesses from other Member States alike.

    (7)  In order for Union citizens and businesses to enjoy their right to free movement within the internal market, the Union should adopt specific, non-discriminatory measures allowing citizens, and all natural persons residing in a Member State, and businesses to have easy access to comprehensive and reliable information about their rights created by Union law and to information about the applicable national rules and procedures with which they will need to comply where they move to, live or study or where they establish or carry out business in another Member State other than their own. The information to be provided at national level should not only concern national rules implementing Union law, but also any other national rules that are applicable to national citizens and businesses from other Member States alike.

    Justification

    This is a general statement that the Union and Member states should adopt non-discriminatory measures to businesses and citizens.

    Amendment    8

    Proposal for a regulation

    Recital 11

    Text proposed by the Commission

    Amendment

    (11)  This Regulation should establish a single entry point through which citizens and business should be able to access information about the rules and requirements they have to comply with, by virtue of Union and/or national law. It should simplify citizens' and businesses’ contact with the assistance and problem solving services, established at the Union or national level and make it more effective. The gateway should also facilitate access to and completion of procedures. Therefore, this Regulation should require Member States to enable users to fully complete certain procedures online that are of key importance to the majority of citizens and businesses moving across borders, without affecting in any way the existing substantive requirements by virtue of Union and/or national law within those policy areas. In this context, the Regulation should support the use of the once-only principle for the purpose of the exchange of evidence between competent authorities in different Member States.

    (11)  This Regulation should establish a single entry point through which citizens and business should be able to access information about the rules and requirements they have to comply with, by virtue of Union and/or national law. It should simplify citizens' and businesses’ contact with the assistance and problem solving services, established at the Union or national level and make it more effective. The gateway should also facilitate online access to procedures. Therefore, this Regulation should require Member States to enable users to fully complete online, where applicable, the procedures listed in Annex II that are of key importance to the majority of citizens and businesses or to complete other procedures that are available to users in a Member State online and that have been established at national level, by central State bodies or made available to all sub-central authorities. This Regulation should not affect in any way the existing rights and obligations under Union and/or national law within those policy areas. In relation to the procedures listed in Annex II to this Regulation and the procedures provided for in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU, this Regulation should support the use of the once-only principle, and should fully respect the fundamental right to the protection of personal data, for the purpose of the exchange of evidence between competent authorities in different Member States.

    Amendment    9

    Proposal for a regulation

    Recital 12

    Text proposed by the Commission

    Amendment

    (12)  The gateway should be user-centric and user-friendly and it should allow citizens and businesses to interact with national and Union level administrations by providing them with the opportunity to give feedback in relation to both the services offered through the gateway and the functioning of the internal market as they experience it. The feedback tool should enable the user to point out perceived problems, deficiencies and needs in order to encourage continuous improvement of the quality of the services.

    (12)  The single digital gateway and the information, online procedures and assistance and problem solving services falling within the scope of this Regulation at Union or national level should be presented in a user-centric and user-friendly way. The gateway should aim to avoid overlaps and provide links between existing services. It should allow citizens and businesses to interact with national and Union level administrations by providing them with the opportunity to give feedback in relation to both the services offered through the gateway and the functioning of the internal market as they experience it. The feedback tool should enable the user to point out perceived problems, deficiencies and needs in order to encourage continuous improvement of the quality of the services on the basis of anonymous data in order to protect the personal data of users.

    Amendment    10

    Proposal for a regulation

    Recital 13

    Text proposed by the Commission

    Amendment

    (13)  The success of the gateway will depend on the joint effort of the Commission and the Member States. The gateway should include a common user interface integrated into the existing Your Europe portal which will be managed by the Commission. The common user interface should provide links to information, procedures and to assistance or problem solving services available on portals managed by competent authorities in Member States and the Commission. In order to facilitate the use of the gateway, the user interface should be available in all official Union languages. The functioning of the gateway should be supported by technical tools developed by the Commission in cooperation with the Member States.

    (13)  The success of the gateway will depend on the joint effort of the Commission and the Member States. The gateway should include a common user interface integrated into the existing Your Europe portal which will be managed by the Commission. The common user interface should provide links to information, procedures and to assistance or problem solving services available on portals managed by competent authorities in Member States and the Commission. In order to facilitate the use of the gateway, the user interface should be visible on all Union and national websites that form part of, and are linked to, the gateway and should be available in all official Union languages. The functioning of the gateway should be supported by technical tools developed by the Commission in cooperation with the Member States.

    Amendment    11

    Proposal for a regulation

    Recital 15

    Text proposed by the Commission

    Amendment

    (15)  This Regulation should enhance the internal market dimension of online procedures by upholding the general principle of non-discrimination also in relation to the access by citizens or businesses to online procedures already established at the national level on the basis of national or Union law. It should be possible for users not residing in or established in a Member State to access and complete online procedures without obstacles such as form fields that require national phone numbers or national postal codes, payment of fees that can only be done through systems which do not provide for cross-border payments, lack of detailed explanations in another language other than the national language or languages, lack of possibilities to submit electronic evidence from authorities located in another Member State and lack of acceptance of electronic means of identification issued in other Member States.

    (15)  This Regulation should enhance the internal market dimension of online procedures, thereby contributing to the digitalisation of the internal market, by upholding the general principle of non-discrimination in relation to the access by citizens or businesses to online procedures already established at the national level on the basis of national or Union law. It should be possible for users not residing in or established in a Member State to access and complete online procedures without obstacles such as form fields that require national phone numbers, national prefixes for phone numbers or national postal codes, payment of fees that can only be done through systems which do not provide for cross-border payments, lack of detailed explanations in another language other than the national or official language or languages of a Member State, lack of possibilities to submit electronic evidence from authorities located in another Member State and lack of acceptance of electronic means of identification issued in other Member States. Where a user, in a situation strictly confined to a single Member State, is able to access and complete a procedure online in that Member State in a field covered by this Regulation, a cross-border user should also be able to access and complete the same procedure online, either by using the same technical solution or an adapted one, and without any discriminatory obstacles. To this end, the Member States should have the possibility to establish similar non-discriminatory procedures for users from or residing in other Member States, provided that they ensure that the conditions of access to information and services for cross-border users are the same as those for the users established in that Member State.

    Justification

    The gateway is a digital instrument that will help inform people about their rights in the EU and national law, enable them to make use of and access procedures online and services and problem solving tools. The Regulation will not affect or prevent Member States from continuing organising their national services and procedures in a way that meets their national needs, however they will need to ensure that procedures are non-discriminatory to cross-border users.

    Amendment    12

    Proposal for a regulation

    Recital 16

    Text proposed by the Commission

    Amendment

    (16)  This Regulation should build on the eIDAS Regulation26 which lays down conditions under which Member States recognise certain means of electronic identification for natural and legal persons falling under a notified electronic identification scheme of another Member State. From the date of application of that regulation it should be possible for users to use their electronic identification and authentication means in order to operate on a cross-border basis and interact electronically with competent authorities.

    (16)  This Regulation should build on the eIDAS Regulation26 which lays down conditions under which Member States recognise certain means of electronic identification for natural and legal persons falling under a notified electronic identification scheme of another Member State. From the date of application of that Regulation it should be possible for users to use their electronic identification and authentication means in order to operate on a cross-border basis and interact electronically with competent authorities. It should be also possible for users to use their means of electronic identification and authentication when operating and interacting electronically with the administration of the Union institutions, bodies, offices or agencies. This Regulation should respect technological neutrality as regards electronic identification and authentication systems.

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    26 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73–114).

    26 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73–114).

    Justification

    Users should be able to use national electronic identification and authentication means at European level.

    Amendment    13

    Proposal for a regulation

    Recital 18

    Text proposed by the Commission

    Amendment

    (18)  In order to allow citizens and business to directly enjoy the benefits of the internal market without unnecessary additional administrative burden, this Regulation should require full digitalisation of the user interface of certain key procedures for cross-border users, which are listed in Annex II to this Regulation and provide the criteria for defining how the procedure qualifies as fully online. The "registration of business activity" is one of such procedures of particular relevance for businesses. It should not, however, cover the procedures leading to the constitution of companies or firms as legal entities as such procedures necessitate a comprehensive approach aimed at facilitating digital solutions throughout a company’s lifecycle. When businesses establish themselves in another Member State, they are required to register with a social security scheme and an insurance scheme in order to register their employees and pay contributions to both schemes. Those procedures are common for all businesses operating in any sector of the economy, and it is therefore appropriate to require that those two registration procedures are made available online.

    (18)  In order to allow citizens and businesses to directly enjoy the benefits of the internal market without unnecessary additional administrative burden, this Regulation should require full digitalisation of the user interface of certain key procedures for cross-border users, which are listed in Annex II to this Regulation and provide the criteria for defining how a procedure qualifies as fully online. Such a requirement of full digitalisation should not apply where a procedure does not exist in a Member State. The ’notification of business activit is one of such procedures of particular relevance for businesses. This Regulation should not, however, cover the procedures leading to the constitution of companies or firms as legal entities including registration as a sole trader, a partnership or any other form that is not a separate legal entity or the registration of a business activity with the business register, as such procedures necessitate a comprehensive approach aimed at facilitating digital solutions throughout a company’s lifecycle. When businesses establish themselves in another Member State, they are required to register with a social security scheme and an insurance scheme in order to register their employees and pay contributions to both schemes. Those procedures are common for all businesses operating in any sector of the economy, and it is therefore appropriate to require that those two registration procedures are made available online. It is also appropriate for procedures related to taxation matters to be made available online as these procedures tend to represent one of the main obstacles to the cross-border operation of small and medium-sized enterprises in the Union.

    Amendment    14

    Proposal for a regulation

    Recital 18 a (new)

    Text proposed by the Commission

    Amendment

     

    (18 a)  A procedure should be considered to be fully online if the user can take all steps from access to that procedure until its completion by interacting with the competent authority (the 'front office'), electronically, from a distance and through an online service. This service should guide the user through a comprehensive list of all the requirements to be fulfilled and all evidence to be provided. It should also enable the user to provide the information and proof of compliance with all such requirements and should provide the user with an automatic acknowledgment of receipt. The output from the procedure, as set out in this Regulation, should also, where feasible, be provided by electronic means or, where required by Union or national law, by physical delivery. This should be without prejudice to the competences of Member States to establish direct contact and communication with citizens and businesses using the procedures for the purpose of necessary further clarifications that do not require direct physical presence.

    Amendment    15

    Proposal for a regulation

    Recital 19

    Text proposed by the Commission

    Amendment

    (19)  In some instances, given the current state of technical development it may still be necessary for users of a procedure to appear in person before a competent authority as part of the online procedure, in particular in the case of requesting or renewing passports or identity cards containing biometric data. Any such exception should be limited to situations where no digital technology exists to achieve the purpose of the procedure.

    (19)  In some instances, the user might be required to submit evidence to prove facts that cannot be established by online means, such as medical certificates and proof of the roadworthiness of motor vehicles. As long as the evidence to prove such facts can be submitted in electronic format, this should not constitute an exception to the principle that a procedure should be accessible fully online. In other instances, given the current state of technical development, it may still be necessary for users of an online procedure to appear in person before a competent authority for a step of the online procedure, such as in the case of requesting or renewing passports or identity cards containing biometric data. Any such exception should be non-discriminatory and limited to situations where it is absolutely necessary for the Member States to implement strictly necessary, objectively justified and proportionate measures in the interest of general security, public health and the fight against fraud. Where technologies exist that could replace a personal appearance before an authority, for instance secure online communication such as live chats or video-conferencing, these should be used, unless that is contrary to the formal prerequisites of the law of the Member State in which the procedure is being conducted. Any such exceptions should be notified and justified to the Commission and the gateway coordination group and should be discussed and reviewed regularly in the gateway coordination group together with good national practices and technical developments that would facilitate the further digitalisation of procedures.

    Amendment    16

    Proposal for a regulation

    Recital 20

    Text proposed by the Commission

    Amendment

    (20)  This Regulation should not interfere with the competencies of national authorities in different steps of any procedure, including the procedural workflows within and between their competent authorities whether digitalised or not.

    (20)  This Regulation should not affect the existing rights and obligations under Union or national law within the policy areas covered by this Regulation and should not prevent Member States from continuing to organise their national services and procedures in a way that meets their national needs and complies with the common forms of organisation and communication used at national, regional and local level. This Regulation should not interfere with the competences of Member States in setting up any procedure and in granting competences to national authorities, or with the competences of national authorities in different steps of any procedure, including the procedural workflows within and between their competent authorities whether digitalised or not. This Regulation should be complementary to the competences of Member States to maintain or establish non-digitalised or existing online procedures in addition to the online procedures listed in Annex II.

    Amendment    17

    Proposal for a regulation

    Recital 22

    Text proposed by the Commission

    Amendment

    (22)  Several networks and services have been established at the national and Union level to assist citizens and business in their cross-border activities. It is important that these services, including European Consumer Centres, Your Europe Advice, SOLVIT, Intellectual Property Rights helpdesk, Europe Direct and Enterprise Europe Network, form part of the single digital gateway to ensure that all potential users can find them. Those which are listed in Annex III to this Regulation were established by binding union acts, whilst others operate on a voluntary basis. The former services should be bound by the quality criteria laid down in this Regulation while the latter should opt-in to comply with the quality requirements if they want their services to be made accessible through the gateway.

    (22)  Several networks and services have been established at the national and Union level to assist citizens and business in their cross-border activities. It is important that these services, including all existing assistance or problem solving services established at Union level, such as the European Consumer Centres, Your Europe Advice, SOLVIT, the Intellectual Property Rights helpdesk, Europe Direct and the Enterprise Europe Network, form part of the single digital gateway to ensure that all potential users can find them. The services listed in Annex III to this Regulation were established by binding Union acts, whilst other services operate on a voluntary basis. Both categories of services should be bound by the quality criteria laid down in this Regulation and made accessible through the gateway. The scope of these services, their governance arrangements and the voluntary basis on which they operate should not be altered by this Regulation.

    Amendment    18

    Proposal for a regulation

    Recital 23

    Text proposed by the Commission

    Amendment

    (23)  Furthermore, the Member States and the Commission may decide to add other national assistance or problem solving services, provided by competent authorities or by private and semi-private entities, under the conditions set out in this Regulation. In principle, competent authorities should be responsible for assisting citizens and businesses with any queries they have in relation to applicable rules and procedures that cannot be fully addressed by online services. However, in very specialised areas and where the service provided by private or semi-private bodies meets the users’ needs, Member States can propose to the Commission to include such services in the gateway, provided that they meet all conditions set out in the Regulation and do not duplicate the assistance or problem solving services already included.

    (23)  Furthermore, the Member States and the Commission may decide to add other national assistance or problem solving services, provided by competent authorities or by private or semi-private entities, or public bodies, such as chambers of commerce or non-governmental assistance services for citizens, under the conditions set out in this Regulation. In principle, competent authorities should be responsible for assisting citizens and businesses with any queries they have in relation to applicable rules and procedures that cannot be fully addressed by online services. However, in very specialised areas and where the service provided by private or semi-private bodies meets the users’ needs, Member States can propose to the Commission to include such services in the gateway, provided that they meet all conditions set out in the Regulation and do not duplicate the assistance or problem solving services already included.

    Amendment    19

    Proposal for a regulation

    Recital 24

    Text proposed by the Commission

    Amendment

    (24)  In order to assist users to identify the appropriate service, this Regulation should provide a tool that automatically guides users to the right service.

    (24)  In order to assist users to identify the appropriate service, this Regulation should provide a search facility and service finder tool that automatically guides users to the right service.

    Justification

    This amendment is necessary in order to ensure the internal logic and coherence of the text.

    Amendment    20

    Proposal for a regulation

    Recital 25

    Text proposed by the Commission

    Amendment

    (25)  Compliance with a minimum list of quality requirements is an essential element for the success of the single digital gateway in order to ensure that the provision of information or services is reliable as otherwise it would seriously undermine the credibility of the gateway as a whole. The accessibility of information for cross-border users can be substantially improved where the information is available not only in the national language of a Member State but also in, at least, one additional official EU language of the Union. The translation from the national language or languages into this other official language of the Union should accurately reflect the content of the information provided in the national language or languages.

    (25)  Compliance with a minimum list of quality requirements is an essential element for the success of the single digital gateway in order to ensure that the provision of information or services is reliable as otherwise it would seriously undermine the credibility of the gateway as a whole. The accessibility of information for cross-border users can be substantially improved where the information is available not only in the national or official language or languages of a Member State but also in, at least, one additional official language of the Union that is understood by the largest possible number of users in cross-border activities. The translation from the official or national language or languages of a Member State into this other official language of the Union should accurately reflect the content of the information provided in the national or official language or languages of the Member State. The coordination group should also provide a recommendation to Member States on the additional language or languages which are understood by the largest possible number of users in cross-border activities. Cross-border activities should be defined as activities in which the user is not in all respects confided within a single Member State. When providing information in at least one official language of the Union that is additional to the national or official language, or where applicable national or official languages, Member States should also take into consideration the possibility that certain information could be sought more strongly by specific language speaker groups such as users from neighbouring countries or in cross-border regions.

    Amendment    21

    Proposal for a regulation

    Recital 25 a (new)

    Text proposed by the Commission

    Amendment

     

    (25 a)  In accordance with Directive (EU) 2016/2102of the European Parliament and of the Council1a (‘the Website Accessibility Directive’), Member States are required to ensure that their websites are accessible in accordance with the principles of perceivability, operability, understandability and robustness and that they comply with the requirements of that Directive. While the Website Accessibility Directive does not apply to websites and mobile applications of Union institutions, bodies, offices and agencies, for the purposes of the common user interface, assistance, problem solving services, user feedback mechanisms and any webpages of the single digital gateway that the Union institutions, bodies, offices and agencies are responsible for, the Commission should ensure that these webpages are accessible to persons with disabilities in a manner equivalent to the requirements of that Directive. In particular, the Commission is encouraged to comply with the relevant European harmonised standards, providing compliance with the requirements of perceivability, understandability, operability and robustness. The Commission and the Member States should ensure compliance with United Nations Convention on the Rights of Persons with Disabilities, especially Articles 9 and 21 thereof, and, in order to foster access to information for persons with intellectual disabilities, alternatives in easy-to-read language should be provided to the greatest possible extent and proportionately.

     

    __________________

     

    1a Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).

    Amendment    22

    Proposal for a regulation

    Recital 27

    Text proposed by the Commission

    Amendment

    (27)  Online services provided by competent authorities are crucial for increasing the quality of the services provided to citizens and businesses. Where public administrations within Member States increasingly no longer require that citizens and businesses supply the same information several times but instead are working towards the re-use of data, the same should be facilitated for users faced with procedures in other Member States, to reduce additional burden.

    (27)  Online services provided by competent authorities are crucial for increasing the quality and security of the services provided to citizens and businesses. Where public administrations within Member States increasingly no longer require that citizens and businesses supply the same information several times but instead are working towards the re-use of data, the same should be facilitated for users faced with procedures in other Member States, to reduce additional burden.

    Amendment    23

    Proposal for a regulation

    Recital 27 a (new)

    Text proposed by the Commission

    Amendment

     

    (27 a)  In order to enable the lawful cross-border exchange of evidence and information by means of the Union-wide application of the ‘once-only’ principle, the application of this Regulation and of the ‘once-only’ principle shall be in compliance with all applicable data protection rules including the principle of data minimisation, accuracy, storage limitation, integrity and confidentiality, necessity, proportionality and purpose limitation, as well as data protection by design and by default. It should also be implemented in full compliance with the principles of privacy and security by design and the respect for fundamental rights of individuals, including fairness, and transparency.

    Amendment    24

    Proposal for a regulation

    Recital 27 b (new)

    Text proposed by the Commission

    Amendment

     

    (27 b)  The Member States and the Commission should ensure that users of the technical system for the exchange of evidence established in accordance with the Regulation (‘the technical system’) are provided with clear information on how personal data relating to them will be processed in accordance with Articles 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council1a and Articles 11 and 12 of Regulation (EC) No 45/2001. The users should also have the right to object to the processing of their personal data in the technical system pursuant to Article 21(1) of Regulation (EU) 2016/679.

     

    __________________

     

    1a Regulation (EU) 2016/679 of the European Parliament and of the Council 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

    Amendment    25

    Proposal for a regulation

    Recital 28

    Text proposed by the Commission

    Amendment

    (28)  In order to further facilitate the use of online procedures, this Regulation should, in line with the once-only principle, provide the basis for the exchange of evidence directly between the competent authorities concerned from different Member States, at the request of citizens and businesses. The “once-only principle means that citizens and businesses should not have to supply the same information to public authorities more than once for the cross-border exchange of evidence.

    (28)  In order to further facilitate the use of online procedures, this Regulation should, in line with the once-only principle and with the public interest under point (e) of Article 6(1) of Regulation (EU) 2016/679, provide the basis for the establishment of a fully functioning, safe and secure technical system for the automated exchange of evidence at the explicit request and consent of citizens and businesses. This Regulation should not provide a basis for the exchange of evidence or for using the technical system for the exchange of evidence for purposes other than those provided for in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU and in the applicable Union or national law governing the online procedures listed in Annex II.

     

     

    Amendment    26

    Proposal for a regulation

    Recital 28 a (new)

    Text proposed by the Commission

    Amendment

     

    (28 a)  As citizens and businesses in most cases would not be aware that the cross-border exchange of evidence can be enabled upon request, the user should be adequately informed of this option when using the online procedures provided for in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU and the procedures listed in Annex II. The user should have full control over the exchange of evidence, based on an explicit request made personally by the user to the competent authority for the exchange of evidence. The request should be considered explicit if it contains a freely given, specific, informed and unambiguous indication of the individual's wish to have the relevant information exchanged, either by means of a statement or by a clear affirmative action. An explicit request for the exchange of evidence should not be simply inferred from a request to carry out a specific procedure (e.g. to register a motor vehicle), nor from a general request by the user, such as a request to obtain all necessary documents from all relevant authorities for a given procedure.

    Amendment    27

    Proposal for a regulation

    Recital 28 b (new)

    Text proposed by the Commission

    Amendment

     

    (28 b)  The use of the technical system should remain voluntary and the user should also be able to submit evidence by other means outside the technical systemestablished by this Regulation. The user should have the possibility to preview the evidence and the right to monitor or withdraw the explicit request for the exchange of evidence at any time of the procedure. Such a withdrawal could typically take place in cases where the user, after previewing the evidence to be exchanged, discovers that the information is inaccurate, out-of-date, or goes beyond what is necessary for the procedure at hand. The user should be able to also challenge misuse and prevent the secondary use of data for purposes that do not meet his or her legitimate expectations.

    Amendment    28

    Proposal for a regulation

    Recital 30

    Text proposed by the Commission

    Amendment

    (30)  Such a system should be available in addition to other systems providing mechanisms for cooperation between authorities, such as IMI or [e-Services Card] and should not affect other systems, including the system foreseen in Article 4 of Regulation (EC) No 987/2009, the European Single Procurement Document under Directive (EU) 2014/24 of the European Parliament and of the Council33 , the interconnection of national registers, the interconnection of central, commercial and company registers under Directive 2009/101/EC of the European Parliament and of the Council34 and of insolvency registers under Regulation (EU) 2015/848 of the European Parliament and of the Council35 .

    (30)  The secure technical system that should be set up to enable the exchange of evidence under this Regulation should also give requesting competent authorities certainty from the side of the issuing authorities as regards the authenticity and legality of the provided documents. The issuing authority should ensure that personal data is updated where necessary and that inaccurate or outdated data are no longer processed. The technical system should be available in addition to other systems providing mechanisms for cooperation between authorities, such as IMI and should not affect other systems, including the system foreseen in Article 4 of Regulation (EC) No 987/2009, the European Single Procurement Document under Directive (EU) 2014/24 of the European Parliament and of the Council33 , the Electronic Exchange of Social Security Information (EESSI), the interconnection of national registers, the interconnection of central, commercial and company registers under Directive 2009/101/EC of the European Parliament and of the Council34 and of insolvency registers under Regulation (EU) 2015/848 of the European Parliament and of the Council35 .

    __________________

    __________________

    33 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65–242).

    33 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

    34 Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent (OJ L 258, 1.10.2009, p. 11–19).

    34 Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent (OJ L 258, 1.10.2009, p. 11).

    35 Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19–72).

    35 Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19).

    Amendment    29

    Proposal for a regulation

    Recital 31

    Text proposed by the Commission

    Amendment

    (31)  In order to ensure uniform conditions for the implementation of a technical system allowing for the exchange of evidence, implementing powers should be conferred on the Commission to detail, in particular technical specifications of a system for processing of the request from the user for evidence to be exchanged, transfer of such evidence, measures necessary to ensure integrity and confidentiality of the transfer. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council36 .

    (31)  In order to ensure uniform conditions for the implementation of a technical system allowing for the exchange of evidence, implementing powers should be conferred on the Commission to detail in particular technical, organisational and operational specifications of a system for processing of the request from the user for evidence to be exchanged, transfer of such evidence, measures necessary to ensure integrity and confidentiality of the transfer, including measures necessary to ensure interaction of the user with the technical system and interaction between competent authorities. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council36.

    __________________

    __________________

    36 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13–18).

    36 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13–18).

    Amendment    30

    Proposal for a regulation

    Recital 31 a (new)

    Text proposed by the Commission

    Amendment

     

    (31a)  With a view to ensuring a high level of security of the technical system for the cross-border application of the ‘once-only’ principle, when adopting implementing acts setting out the specifications for such a technical system, the Commission should take due account of the standards and technical specifications drawn up by European and international standardisation organisations and bodies, in particular the European Committee for Standardisation (CEN), the European Telecommunications Standards Institute (ETSI), the International Organisation for Standardisation (ISO) and the International Telecommunication Union (ITU), in accordance with Article 32 of Regulation (EU) 2016/679 and Article 22 of Regulation (EC) No 45/2001.

    Justification

    Explicit mention of Regulation 2016/679 (GRDP) and Regulation 45/2001 as regard the technical specifications on security

    Amendment    31

    Proposal for a regulation

    Recital 32

    Text proposed by the Commission

    Amendment

    (32)  The compliance with the quality criteria should be the responsibility of the competent authorities and the Commission in relation to the information, procedures and services which they are responsible for. The national coordinators and the Commission should supervise compliance with the quality criteria at national and Union level respectively, and address any problems that arise. This Regulation should give the Commission a wide range of means to address any deterioration in the quality of services offered through the gateway, depending on the seriousness and persistence of such deterioration, which would include involving the gateway coordination group. This should not prejudge the overall responsibility of the Commission regarding the monitoring of the compliance with this Regulation.

    (32)  The compliance with the quality criteria should be the responsibility of the competent authorities and the Commission in relation to the information, procedures and services which they are responsible for. The national coordinators and the Commission should, at regular intervals, supervise compliance with the quality and security criteria at national and Union level respectively, and address any problems that arise. The national coordinators should in addition supervise and monitor the functioning of the technical system enabling the cross-border exchange of evidence. This Regulation should give the Commission a wide range of means to address any deterioration in the quality of services offered through the gateway, depending on the seriousness and persistence of such deterioration, which would include involving the gateway coordination group. This should not prejudge the overall responsibility of the Commission regarding the monitoring of the compliance with this Regulation.

    Amendment    32

    Proposal for a regulation

    Recital 33 a (new)

    Text proposed by the Commission

    Amendment

     

    (33 a)  This Regulation should also specify a set of quality requirements for the common user interface. The Commission should ensure that the common user interface complies with those requirements and in particular it should be available and accessible online through various channels, be easy to navigate and use clear information. To ensure that users are aware of the common user interface, it should be easily recognisable on both national and Union level websites and webpages.

    Justification

    This amendment is proposing a technical solution to optimise the search engine options of the Single Digital Gateway.

    Amendment    33

    Proposal for a regulation

    Recital 33 b (new)

    Text proposed by the Commission

    Amendment

     

    (33 b) It should be possible for the common user interface to use Frequently Asked Questions based on key user issues supported by intelligent search and online tools such as electronic forms that can help reduce the search burden for users and direct their queries to the most appropriate service. Frequently Asked Questions practices also reduce the number of queries that fall outside a specific service’s remit and have been particularly successful in directing queries between existing Union portals.

    Amendment    34

    Proposal for a regulation

    Recital 33 c (new)

    Text proposed by the Commission

    Amendment

     

    (33 c)  The Commission should ensure that the public procurement procedures for the development of the IT applications and webpages for IT applications supporting the gateway take due account of the innovation criteria and the need for open standards to facilitate the reuse and interoperability of these IT solutions.

    Amendment    35

    Proposal for a regulation

    Recital 34 a (new)

    Text proposed by the Commission

    Amendment

     

    (34 a)  The name by which the gateway is to be known and promoted to the general public should be the English designation 'Your Europe', the same name as the existing portal. The common user interface should be prominently and easily found, particularly via different web searches and national and Union websites and webpages. The Union level logo of the gateway should be visible on all Union level websites as well as on national level websites linked to the gateway. When search facilities within national webpages or website exist, the gateway should be accessible within the search options of the national webpages or websites. Competent authorities should ensure that users are directed from their websites linked to the gateway to the 'single digital gateway'. Information and access to the relevant organisations at national level should also be provided on webpages or websites of individual services managed at Union level.

    Justification

    Findability and visibility are an important elements for the success of the Single Digital gateway.

    Amendment    36

    Proposal for a regulation

    Recital 37

    Text proposed by the Commission

    Amendment

    (37)  The quality of the information, procedures, assistance and problem solving services available through the gateway should be monitored primarily through a user feedback tool that will ask users of to assess the coverage and quality of the information, procedure or assistance and problem solving service which they have used. This feedback will be collected in a common tool to which the Commission, the competent authorities and the national coordinators should have access. In order to ensure uniform conditions for implementation of this Regulation in relation to the functionalities of this user feedback tool and the modalities related to the collection and sharing of the user feedback, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

    (37)  The quality of the single digital gateway depends on the quality of Union and national services provided through the gateway. Poor experiences with the online information and services provided at Union and national level might generate a negative perception of the gateway. Therefore, the quality of the information, procedures, assistance and problem solving services available through the gateway should be regularly monitored primarily through a user feedback tool combined with an opportunity to reply in free text that will ask users to assess the coverage and quality of the information, procedure or assistance and problem solving service which they have used. This feedback will be collected in a common tool to which the Commission, the competent authorities and the national coordinators should have access. In order to raise trust and ensure transparency for users, the feedback should be aggregated and made publicly available in an anonymised way as open data on the Commission’s website as well as on the gateway itself in the form of summarising reports. In order to ensure uniform conditions for the implementation of this Regulation in relation to the functionalities of this user feedback tool and the modalities related to the collection, sharing and publication of the user feedback, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

    Amendment    37

    Proposal for a regulation

    Recital 40

    Text proposed by the Commission

    Amendment

    (40)  Where the measures provided for in this Regulation entail the processing of personal data, they should be carried out in accordance with Union law on the protection of personal data, in particular [Directive 95/46/EC38 ] [Regulation (EU) 2016/679 of the European Parliament and of the Council39 ] and [new Regulation replacing (EC) No 45/2001] of the European Parliament and of the Council.

    (40)  Where the measures provided for in this Regulation entail the processing of personal data, that processing should be carried out in accordance with Union law on the protection of personal data. In particular, Regulation (EC) No 45/2001 of the European Parliament and of the Council38 , Regulation (EU) 2016/679 and Directive (EU) 2016/680 of the European Parliament and of the Council39 should apply in the context of this Regulation.

    __________________

    __________________

    38 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. 31–50).

    38 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)

    39 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

    39 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

     

    39a Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

    Amendment    38

    Proposal for a regulation

    Recital 40 a (new)

    Text proposed by the Commission

    Amendment

     

    (40a)  The system set up should secure user data against hacking and cyber-attacks.

    Amendment    39

    Proposal for a regulation

    Recital 41

    Text proposed by the Commission

    Amendment

    (41)  The objective of this Regulation is to ensure that users who operate in other Member States have online access to comprehensive, reliable and understandable Union and national information on rights, rules and obligations, to online procedures that are fully transactional cross-border and to assistance and problem solving services. As this cannot be sufficiently achieved by the Member States the Union may adopt measures, in accordance with principle of subsidiarity as set out in Article 5 of the Treaty of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

    (41)  The objective of this Regulation is to ensure that users who operate in other Member States have online access to comprehensive, reliable, accessible and understandable Union and national information on rights, rules and obligations, to online procedures that are fully transactional cross-border and to assistance and problem solving services. As this cannot be sufficiently achieved by the Member States the Union may adopt measures, in accordance with principle of subsidiarity as set out in Article 5 of the Treaty of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

    Justification

    Better reflections the current state of communication by persons with disabilities.

    Amendment    40

    Proposal for a regulation

    Recital 42

    Text proposed by the Commission

    Amendment

    (42)  In order for the Member States and the Commission to develop and implement the necessary tools to give effect to this Regulation, certain of its provisions should apply from two years after the date of entry into force.

    (42)  In order for the Member States and the Commission to develop and implement the necessary tools to give effect to this Regulation, certain of its provisions should apply from two years after the date of its entry into force. Other provisions that can be complied with more readily should apply from ... [18 months after the date of entry into force of this Regulation].

    Amendment    41

    Proposal for a regulation

    Article 1 – paragraph 1 – point a

    Text proposed by the Commission

    Amendment

    (a)  lays down rules for the establishment and operation of a single digital gateway to provide citizens and businesses with easy access to high quality, comprehensive information, effective assistance and problem solving services and efficient procedures regarding Union and national rules applicable to citizens and businesses exercising or intending to exercise their rights derived from Union law in the field of the internal market, within the meaning of Article 26(2) TFEU;

    (a)  lays down rules for the establishment and operation of a single digital gateway to provide citizens and businesses with easy access to accurate, up-to-date, easily understandable,high quality and comprehensive information, effective assistance and problem solving services and efficient procedures regarding Union and national rules applicable to citizens and businesses exercising or intending to exercise their rights derived from Union law in the field of the internal market, within the meaning of Article 26(2) TFEU;

    Justification

    In order for the Single Digital Gateway to meet the users’ needs, standards should be set on the quality of information. Accurate and up-to-date information were identified by citizens and businesses as some of the most important features of a single point of contact in the study “A European Single Point of Contact” (2013) conducted for the European Parliament’s Policy Department A. In line with the authors’ recommendations, it should also be ensured that the information is easy to understand so that a maximum number of users can benefit from the information and services foreseen in this Regulation.

    Amendment    42

    Proposal for a regulation

    Article 1 – paragraph 1 – point b

    Text proposed by the Commission

    Amendment

    (b)  facilitates the use of procedures by users from other Member States and supports the implementation of the "once only" principle;

    (b)  facilitates the use of online procedures, including by users from other Member States and facilitates the exchange of evidence for the procedures listed in Annex II to this Regulation and the procedures provided for in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU, through the implementation of the ‘once only’ principle;

    Justification

    It should be made clear that this Regulation does not provide a legal basis for the once-only principle as this should be done in a separate proposal establishing a clear legal basis that can be used to extend the once only principle in sectors not included in this proposal. The separate legal instrument is also needed to address potential issues related to data protection and liability that arise with the principle. Instead the Regulation will facilitate the exchange of evidences for certain online procedures through a specific instrument in Article 12, therefore will facilitate the application of the “once-only” principle.

    Amendment    43

    Proposal for a regulation

    Article 1 – paragraph 1 a (new)

    Text proposed by the Commission

    Amendment

     

    1 a.  Where the provisions of this Regulation conflict with a provision of another Union act governing specific aspects of the subject matter covered by this Regulation, the provision of that other Union act shall prevail.

    Amendment    44

    Proposal for a regulation

    Article 1 – paragraph 1 b (new)

    Text proposed by the Commission

    Amendment

     

    1 b.  This Regulation shall not affect the substance of, or the rights granted through, any procedure laid down at the Union or national level in any of the areas covered by this Regulation.

    . Ex-AM 40 of PR FdR 1137349Amendment    45

    Proposal for a regulation

    Article 2 – paragraph 1

    Text proposed by the Commission

    Amendment

    1.  A single digital gateway ("the gateway”) shall be established by the Commission and the competent authorities in accordance with this Regulation. The gateway shall consist of a common user interface integrated in a single portal managed by the Commission and shall link to relevant national and Union websites.

    1.  A single digital gateway ("the gateway”) shall be established by the Commission and the Member States in accordance with this Regulation. The gateway shall consist of a common user interface integrated in the single portal 'Your Europe' managed by the Commission. The gateway shall provide access and links to relevant national and Union websites and webpages.

    Amendment    46

    Proposal for a regulation

    Article 2 – paragraph 2 – point b

    Text proposed by the Commission

    Amendment

    (b)  information on and links to procedures established at Union or national level in order to exercise those rights and comply with those obligations and rules;

    (b)  information on and links to procedures established at Union or national level in order to enable users to exercise their rights and comply with obligations and rules in the field of the internal market;

    Amendment    47

    Proposal for a regulation

    Article 2 – paragraph 3 a (new)

    Text proposed by the Commission

    Amendment

     

    3 a.  The Commission is empowered to adopt delegated acts in accordance with Article 34 to amend Annex I by updating the information in the existing information categories and to amend Annex III by adding further assistance and problem solving services to it in order to take into account new developments in access to the rights, obligations and rules laid down in Union law and national law.

    Amendment    48

    Proposal for a regulation

    Article 3 – paragraph 1 – point 3

    Text proposed by the Commission

    Amendment

    (3)  ‘competent authority’ means any Member State body or authority established at either national, regional or local level with specific responsibilities relating to the information, procedures, assistance and problem solving services covered by this Regulation;

    (3)  ‘competent authority’ means any Member State body or authority established at either national, regional or local level with specific responsibilities relating to the information, procedures, assistance and problem solving services covered by this Regulation or any other person or body in which the Member State has vested such competence;

    Amendment    49

    Proposal for a regulation

    Article 3 – paragraph 1 – point 4

    Text proposed by the Commission

    Amendment

    (4)  ‘evidence’ means any document or data, including text or sound, visual or audiovisual recording, irrespective of the medium used, issued by a competent authority to prove facts or compliance with requirements for procedures referred to in Article 2(2)(b).

    (4)  ‘evidence’ means any document or data, including text or sound, visual or audiovisual recording, irrespective of the medium used, required by a competent authority to prove facts or compliance with requirements for procedures referred to in Article 2(2)(b).

    Justification

    This amendment is necessary in order to ensure the internal logic and coherence of the text.

    3Amendment    50

    Proposal for a regulation

    Article 4 – paragraph 1 – introductory part

    Text proposed by the Commission

    Amendment

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

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

    Amendment    51

    Proposal for a regulation

    Article 4 – paragraph 1 a (new)

    Text proposed by the Commission

    Amendment

     

    1 a.  In addition those webpages and websites shall contain a link to the common user interface referred to in Article 2(1).

    Amendment    52

    Proposal for a regulation

    Article 4 – paragraph 2 a (new)

    Text proposed by the Commission

    Amendment

     

    2 a.  The Commission shall ensure that users have online access to the information referred to in Article 4(1) and 4(2) through the common user interface and the integrated internal search engine facilities.

    Justification

    This amendment is necessary in order to ensure that the Commission will be responsible for providing the access to information, procedures and assistance and problem solving services referred to in Article 4(1) and 4(2) through the single digital gateway.

    Amendment    53

    Proposal for a regulation

    Article 4 – paragraph 2 b (new)

    Text proposed by the Commission

    Amendment

     

    2 b.  The Commission and the Member States may provide additional information other than that specified in Annex I and Annex II.

    Amendment    54

    Proposal for a regulation

    Article 5 – title

    Text proposed by the Commission

    Amendment

    Access to procedures

    Online access to procedures

    Justification

    Article 5 covers only procedures that Member States are obliged to provide fully online.

    Amendment    55

    Proposal for a regulation

    Article 5 – paragraph 1

    Text proposed by the Commission

    Amendment

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

    deleted

    Amendment    56

    Proposal for a regulation

    Article 5 – paragraph 2

    Text proposed by the Commission

    Amendment

    2.  Member States shall ensure that users can complete the procedures listed in Annex II fully online.

    2.  Member States shall ensure that users can fully access and complete online the procedures listed in Annex II, except where such procedures do not exist in the Member State concerned.

    Amendment    57

    Proposal for a regulation

    Article 5 – paragraph 3

    Text proposed by the Commission

    Amendment

    3.  The procedures, referred to in paragraph 2, shall be considered as fully online where identification, provision of information, supporting evidence, signature and final submission can be done electronically at a distance and via a single communication channel and if the output of the procedure is also delivered electronically.

    3.  The procedures referred to in paragraph 2 shall be considered as fully online where identification, provision of information and evidence, signature and final submission can be done electronically at a distance and via a communication channel, which enables users to fulfil the requirements related to the procedure in a structured way and where the output of the procedure is also delivered electronically or by physical delivery, where required by Union or national law and where users are provided with an electronic notification of completion of the procedure, without prejudice to the competences of the Member States to establish direct contact with citizens and businesses.

    Amendment    58

    Proposal for a regulation

    Article 5 – paragraph 4

    Text proposed by the Commission

    Amendment

    4.  Where the objective pursued by a given procedure, referred to in paragraph 2, cannot be achieved without requiring the user to appear in person before the competent authority at some stage of the procedure, Member States shall limit such physical presence to what is strictly necessary and objectively justified and shall ensure that other steps of the procedure can be completed fully online. They shall notify such exceptions to the Commission.

    4.  Where, in justified exceptional cases of general security, public health or the fight against fraud, the objective pursued cannot be fully achieved online, Member States may require the user to appear in person before the competent authority a step in the procedure. In those exceptional cases, Member States shall limit such physical presence to what is strictly necessary and objectively justified and shall ensure that other steps of the procedure can be completed fully online. Member States should also ensure that physical presence requirements do not result in discrimination against cross-border users. They shall notify such exceptions to the Commission and the single digital gateway coordination group and duly justify them.

    Amendment    59

    Proposal for a regulation

    Article 5 – paragraph 5

    Text proposed by the Commission

    Amendment

    5.  This Regulation shall not affect the substance of nor the rights granted through any procedure laid down at the Union or national level in any of the areas governed by this Regulation.

    5.  Member States shall ensure that competent authorities have the power to verify the authenticity and legality of all documents that are submitted as evidence. The documentary evidence exchanged through the technical system referred to in Article 12 shall, for the purposes of the receiving authority, be deemed to have been verified.

    Amendment    60

    Proposal for a regulation

    Article 5 – paragraph 6

    Text proposed by the Commission

    Amendment

    6.  Nothing in this Article shall prevent Member States from offering users the additional possibility of accessing and completing procedures as referred to in Article 2(2)(b) by other means than an online channel.

    6.  Nothing in this Article shall prevent Member States from offering users the possibility of accessing and completing procedures as referred to in Article 2(2)(b) by means other than an online channel.

    Justification

    This amendment is necessary in order to ensure the internal logic and coherence of the text.

    Amendment    61

    Proposal for a regulation

    Article 6 – paragraph 1

    Text proposed by the Commission

    Amendment

    1.  Member States and the Commission shall ensure that users have easy, online access to assistance or problem solving services referred to in Article 2(2)(c).

    1.  Member States and the Commission shall ensure that users have easy, non-discriminatory, online access to the assistance or problem solving services referred to in Article 2(2)(c).

    Amendment    62

    Proposal for a regulation

    Article 6 – paragraph 3 – point b

    Text proposed by the Commission

    Amendment

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

    (b)  the service is offered free of charge or at a price which is affordable for the intended recipients, such as micro- small and medium-sized enterprises, non-profit organisations or citizens;

    Amendment    63

    Proposal for a regulation

    Article 6 – paragraph 3 – point c

    Text proposed by the Commission

    Amendment

    (c)  the service complies with the requirements laid down in Articles 9 and 13.

    (c)  the service complies with the quality requirements laid down in Articles 6a, 9 and 13.

    Justification

    This amendment is necessary in order to ensure the internal logic and coherence of the text.

    Amendment    64

    Proposal for a regulation

    Article 6 – paragraph 4

    Text proposed by the Commission

    Amendment

    4.  Where the national coordinator has proposed the inclusion of a link in accordance with paragraph 3, and provides such link in accordance with Article 16(3), the Commission shall assess whether the conditions in that paragraph are met, and if so, it shall activate the link.

    4.  Where the national coordinator has proposed the inclusion of a link in accordance with paragraph 3, and provides such link in accordance with Article 16(3), the Commission shall by means of an implementing act, assess whether the conditions in that paragraph are met, and if so, activate the link.

    Amendment    65

    Proposal for a regulation

    Article 6 a (new)

    Text proposed by the Commission

    Amendment

     

    Article 6 a

     

    Quality requirements related to web accessibility

     

    1. Member States shall ensure compliance with Directive 2016/2102 as regards the websites and webpages through which they grant access to:

     

    (a) the information referred to in Article 4(1);

     

    (b) the procedures referred to in Article 5; or

     

    (c) the assistance and problem solving services referred to in Article 6.

     

    2. The Commission shall make the websites and webpages through which it grants access to the information referred to in Article 4(2) and to the assistance and problem solving services referred to in Article 6 more accessible within the meaning of Article 4 of Directive 2016/2102.

    Amendment    66

    Proposal for a regulation

    Article 7 – paragraph 1 – introductory part

    Text proposed by the Commission

    Amendment

    1.  The competent authorities and the Commission shall ensure that where, in accordance with Article 4 they are responsible for ensuring access to information as referred to in Article 2(2)(a) that information complies with the following requirements:

    1.  The Member States and the Commission shall ensure that where, in accordance with Article 4 they are responsible for ensuring access to the information referred to in Article 2(2)(a) that information complies with the following requirements:

    Amendment    67

    Proposal for a regulation

    Article 7 – paragraph 1 – point -a (new)

    Text proposed by the Commission

    Amendment

     

    (-a)  it is user-centric, meaning that the information is provided taking due account of the efficient, easy and user-friendly means by which users can find all the relevant information;

    Amendment    68

    Proposal for a regulation

    Article 7 – paragraph 1 – point c

    Text proposed by the Commission

    Amendment

    (c)  it includes the name of the entity responsible for the content of the information;

    (c)  it includes the name of the authority or entity responsible for the content of the information;

    Amendment    69

    Proposal for a regulation

    Article 7 – paragraph 1 – point c a (new)

    Text proposed by the Commission

    Amendment

     

    (ca)  it includes the name of the authority or entity responsible for the procedures and completing the procedures;

    Justification

    Information about the authority or entity responsible for procedures should also be mentioned.

    Amendment    70

    Proposal for a regulation

    Article 7 – paragraph 1 – point d

    Text proposed by the Commission

    Amendment

    (d)  it includes contact details and links to any relevant assistance and problem solving services;

    (d)  it includes contact details, including at least a phone number, an email address and possibly supported by other means of electronic communication, and links to any relevant assistance and problem solving services;

    , ex AM 233 and 234 of AM FdR 1139597)Amendment    71

    Proposal for a regulation

    Article 7 – paragraph 2

    Text proposed by the Commission

    Amendment

    2.  The competent authorities shall provide the information in at least one official language of the Union in addition to the national language or, where applicable, the national languages.

    2.  The Member States shall provide the information in at least one official language of the Union broadly understood by the largest possible number of users in addition to the national or official language or, where applicable, the national or official languages of their Member State. This shall be without prejudice to Member States' legislation regarding the use of languages.

    Amendment    72

    Proposal for a regulation

    Article 8 – paragraph 1 – introductory part

    Text proposed by the Commission

    Amendment

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

    1.  The Member States and the Commission shall, for the purposes of complying with Article 4, ensure that users have access to a clear, concise, precise, accessible and user-friendly explanation of the following elements of the procedures referred to in point (b) of Article 2(2). Such access should be available, where relevant, before the user has to authenticate and identify him or herself prior to launching the procedure:

    Amendment    73

    Proposal for a regulation

    Article 8 – paragraph 1 – point a

    Text proposed by the Commission

    Amendment

    (a)  the different steps of the procedure;

    (a)  the different steps and stages required to navigate throughout the procedure;

    Amendment    74

    Proposal for a regulation

    Article 8 – paragraph 1 – point a a (new)

    Text proposed by the Commission

    Amendment

     

    (aa)  the competent authorities it involves and the organisation with the principal responsibility for the procedure, including its contact details in case of complaints;

    Amendment    75

    Proposal for a regulation

    Article 8 – paragraph 1 – point f

    Text proposed by the Commission

    Amendment

    (f)  the estimated time required to complete the procedure and any applicable deadlines;

    (f)  any deadlines to be respected by the user or by the competent authority, and the estimated time the competent authority needs to complete the procedure;

    Amendment    76

    Proposal for a regulation

    Article 8 – paragraph 1 – point f a (new)

    Text proposed by the Commission

    Amendment

     

    (f a)  in the case of lack of reply from the competent authority, any rules or the consequences thereof for the users;

    Amendment    77

    Proposal for a regulation

    Article 8 – paragraph 1 – point g

    Text proposed by the Commission

    Amendment

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

    (g)  any additional language in which the procedure can be carried out.

    Justification

    An editorial amendment to clarify the text as the procedures referred to here will anyway be provided in at least one language.

    Amendment    78

    Proposal for a regulation

    Article 8 – paragraph 1 – point g a (new)

    Text proposed by the Commission

    Amendment

     

    (ga)  any exception to the obligation of Member States to provide the procedures under Article 5 fully online, with each exception having to be supplemented by a reasonable explanation of how those restrictions meet the criteria of absolute necessity and objective justification.

    Amendment    79

    Proposal for a regulation

    Article 8 – paragraph 2

    Text proposed by the Commission

    Amendment

    2.  Where the explanation referred to in paragraph 1 is already made available for national users, it may be reused for the purposes of this Regulation, provided that it contains information in relation to the situation of non-national users, where applicable.

    2.  Where the explanation referred to in paragraph 1 is already made available for users in a Member State, it may be reused for the purposes of this Regulation, provided that it contains information in relation to the situation of cross-border users, where applicable.

    7Amendment    80

    Proposal for a regulation

    Article 8 – paragraph 3

    Text proposed by the Commission

    Amendment

    3.  The competent authorities shall provide the explanation referred to in paragraph 1 in at least one official language of the Union in addition to the national language or, where applicable, the national languages.

    3.  The Member States shall provide the explanation referred to in paragraph 1 in at least one official language of the Union broadly understood by the largest possible number of users in addition to the national or official language or, where applicable, the national or official languages of their Member State. This shall be without prejudice to Member States' legislation regarding the use of languages.

    Amendment    81

    Proposal for a regulation

    Article 9 – paragraph 1 – introductory part

    Text proposed by the Commission

    Amendment

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

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

    Amendment    82

    Proposal for a regulation

    Article 9 – paragraph 1 – point b

    Text proposed by the Commission

    Amendment

    (b)  the name and contact details of entities responsible for the service;

    (b)  the name and contact details including at least a phone number andan email address possibly supported by other means of electronic communication, of the entities responsible for the service;

    Amendment    83

    Proposal for a regulation

    Article 9 – paragraph 1 – point d

    Text proposed by the Commission

    Amendment

    (d)  the estimated time required to deliver the service or an average response time;

    (d)  any deadlines to be respected by the user or by the entities responsible for the service, and the estimated time within which the relevant entities responsible need to complete the procedure;

    Amendment    84

    Proposal for a regulation

    Article 9 – paragraph 1 – point e

    Text proposed by the Commission

    Amendment

    (e)  the language or, where applicable, the languages in which the request can be submitted and which can be used in subsequent contacts.

    (e)  any additional language in which the request can be submitted and which can be used in subsequent contacts.

    Amendment    85

    Proposal for a regulation

    Article 9 – paragraph 2

    Text proposed by the Commission

    Amendment

    2.  The competent authorities shall provide the explanation referred to in paragraph 1 in at least one official language of the Union in addition to the national language or, where applicable, the national languages.

    2.  The Member States shall provide the explanation referred to in paragraph 1 in at least one official language of the Union broadly understood by the largest possible number of users in addition to the national or official language or, where applicable, the national or official languages of their Member State. This shall be without prejudice to Member States' legislation regarding the use of languages.

    Amendment    86

    Proposal for a regulation

    Article 10 – paragraph 1 – introductory part

    Text proposed by the Commission

    Amendment

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

    The Member States shall ensure that the following requirements are fulfilled in relation to the procedures referred to in Articles 5 and 11 for which they are responsible:

    Amendment    87

    Proposal for a regulation

    Article 10 – paragraph 1 – point b

    Text proposed by the Commission

    Amendment

    (b)  in case of non-compliance with applicable deadlines, users are informed in advance of the reasons thereof and a new deadline is given.

    (b)  in the case of a delay or non-compliance with applicable deadlines, users are informed in advance of the reasons thereof and of any consequence this might have for meeting applicable deadlines, including a commitment to a new deadline where the current deadline committed to will not be met.

    Amendment    88

    Proposal for a regulation

    Article 11 – title

    Text proposed by the Commission

    Amendment

    Cross-border access to online procedures

    Cross-border online access to procedures

    Amendment    89

    Proposal for a regulation

    Article 11 – paragraph -1 (new)

    Text proposed by the Commission

    Amendment

     

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

    Amendment    90

    Proposal for a regulation

    Article 11 – paragraph 1 – introductory part

    Text proposed by the Commission

    Amendment

    1.  The competent authorities shall ensure that where the procedures referred to in Article 5(1) are offered online, at least the following requirements are met:

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

    Amendment    91

    Proposal for a regulation

    Article 11 – paragraph 1 – point a

    Text proposed by the Commission

    Amendment

    (a)  users are able to access and receive instructions for completing the procedure in at least one official language of the Union other than the national language or, where applicable, the national languages;

    (a)  users are able to access and receive instructions for completing the procedure in accordance with Articles 8(2) and (3) in at least one official language of the Union broadly understood by the largest possible number of users other than the national or official language or, where applicable, the national or official languages of the Member State concerned;

    Amendment    92

    Proposal for a regulation

    Article 11 – paragraph 1 – point c

    Text proposed by the Commission

    Amendment

    (c)  users are able to identify themselves, sign and authenticate documents using electronic identification and authentication means, as provided for under Regulation (EU) 910/2014 of the European Parliament and of the Council, where identification and signature are required;

    (c)  users are able to identify and authenticate themselves, sign and authenticate documents using electronic identification and authentication means, as provided for under Regulation (EU) No 910/2014 of the European Parliament and of the Council, where identification, authentification and signature are required and where this is also possible for national users established in that Member State;

    Amendment    93

    Proposal for a regulation

    Article 11 – paragraph 1 – point d

    Text proposed by the Commission

    Amendment

    (d)  users are able to provide evidence of compliance with applicable requirements in electronic format;

    (d)  users are able to receive and to provide evidence of compliance with applicable requirements in electronic format in all cases where this is also possible for national users and in accordance with the national procedures and requirements;

    Amendment    94

    Proposal for a regulation

    Article 11 – paragraph 1 – point e

    Text proposed by the Commission

    Amendment

    (e)  where the completion of a procedure requires a payment, users are able to pay any fees online through cross-border payment services, including, at a minimum, credit transfers or direct debits as specified in Regulation (EU) No 260/2012 of the European Parliament and of the Council40 .

    (e)  where the completion of a procedure requires a payment, users are able to pay any fees online through cross-border payment services, including, at a minimum, credit transfers or direct debits as specified in Regulation (EU) No 260/2012 of the European Parliament and of the Council40 and in accordance with Regulation (EU) No xxx on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market.

    _________________

    _________________

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

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

    Amendment    95

    Proposal for a regulation

    Article 11 – paragraph 2

    Text proposed by the Commission

    Amendment

    2.  Where competent authorities accept digitalised copies of non-electronic evidence of identity such as identity cards or passports for national users, they shall accept such digitalised copies for users from other Member States.

    2.  Where the procedure does not require the electronic identification or authentication referred to in point (c) of paragraph 1 and where competent authorities accept digitalised copies of non-electronic evidence of identity such as identity cards or passports for national users, they shall accept such digitalised copies for users from other Member States.

    Amendment    96

    Proposal for a regulation

    Article 11 – paragraph 3

    Text proposed by the Commission

    Amendment

    3.  Competent authorities shall cooperate through the Internal Market Information system (IMI), established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council, where necessary to verify the authenticity of evidence submitted to them in electronic format by the user for the purpose of an online procedure.

    3.  Competent authorities shall cooperate through the Internal Market Information system (IMI), established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council, where necessary to verify the authenticity of evidence submitted to them in electronic format by the user for the purpose of an online procedure referred to in this Article.

    Amendment    97

    Proposal for a regulation

    Article 12 – title

    Text proposed by the Commission

    Amendment

    Cross-border exchange of evidence between competent authorities

    Technical system for the cross-border electronic exchange of evidence between competent authorities

    Amendment    98

    Proposal for a regulation

    Article 12 – paragraph 1

    Text proposed by the Commission

    Amendment

    1.  For the purpose of the exchange of evidence for online procedures listed in Annex II and procedures provided for in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU, a technical system for the electronic exchange of evidence between competent authorities in different Member States ("the technical system") shall be established by the Commission in cooperation with the Member States.

    1.  For the sole purpose of the electronic exchange of evidence for online procedures listed in Annex II and procedures provided for in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU and 2014/25/EU, the Commission shall, in cooperation with the Member States, establish a fully functioning, safe and secure technical system (’the technical system’) for the electronic exchange of evidence between competent authorities in different Member States.

    Justification

    New Recital proposed by the Greens combined with rapporteurs AM 10: The application of this regulation and of the once-only’ principle shall be in compliance with all applicable data protection rules, including the principles of fairness, transparency, data minimisation, accuracy, storage limitation, integrity and confidentiality, necessity, proportionality and purpose limitation, as well as data protection by design and by default.

    Amendment    99

    Proposal for a regulation

    Article 12 – paragraph 2 – point -a (new)

    Text proposed by the Commission

    Amendment

     

    (-a)  it shall only allow processing upon the explicit request of the user as referred to in paragraph 4;

    Amendment    100

    Proposal for a regulation

    Article 12 – paragraph 2 – point e

    Text proposed by the Commission

    Amendment

    (e)  it shall ensure that the user has the possibility to preview the evidence to be exchanged.

    (e)  it shall give the user the possibility to preview the evidence to be exchanged before it is made accessible to the competent authorities requesting the evidence, without prejudice to the information to be provided in accordance with Articles 13 and 14 of Regulation (EU) 2016/679;

    Amendment    101

    Proposal for a regulation

    Article 12 – paragraph 2 – point e a (new)

    Text proposed by the Commission

    Amendment

     

    (e a)  it shall enable the user to monitor the exchange of evidence at the different stages of the processed transfer;

    Amendment    102

    Proposal for a regulation

    Article 12 – paragraph 2 – point e b (new)

    Text proposed by the Commission

    Amendment

     

    (e b)  it shall ensure a high level of interoperability with different national systems and with other relevant systems;

    Amendment    103

    Proposal for a regulation

    Article 12 – paragraph 2 – point e c (new)

    Text proposed by the Commission

    Amendment

     

    (ec)  it shall not store or process any data on the evidence exchanged beyond what is technically strictly necessary to achieve the exchange of the evidence, and only for the duration necessary for that purpose.

    Amendment    104

    Proposal for a regulation

    Article 12 – paragraph 4

    Text proposed by the Commission

    Amendment

    4.  The competent authorities responsible for online procedures referred to in paragraph 1 shall, upon an explicit request of the user, request evidence directly from competent authorities issuing evidence in other Member States through the technical system. The issuing authorities shall, subject to paragraph 2(d), make such evidence available through the same system.

    4.  The competent authorities responsible for the online procedures referred to in paragraph 1 shall, upon an explicit freely given, specific, informed and unambiguous request of the user concerned, request evidence directly from competent authorities issuing evidence in other Member States through the technical system. The issuing authorities shall, subject to paragraph 2, make such evidence available through the same system after the user has had the possibility to preview the evidence to be exchanged and if the request has not been withdrawn.

    Amendment    105

    Proposal for a regulation

    Article 12 – paragraph 4 a (new)

    Text proposed by the Commission

    Amendment

     

    4a.  The competent authorities responsible for the online procedures referred to in paragraph 1 shall ensure that users have the possibility to make or withdraw an explicit request or to submit or withdraw evidence by means other than the technical system. The users shall have the possibility to withdraw the request at any point of the procedure and the conditions of such withdrawal shall not be more stringent than those for making such a request. The use of the technical system shall not be mandatory and the users shall also be able to make requests directly via other means outside the technical system. The users shall also be able to submit the evidence outside the technical system directly to the concerned competent authority.

    Amendment    106

    Proposal for a regulation

    Article 12 – paragraph 5 a (new)

    Text proposed by the Commission

    Amendment

     

    5 a.  The automated cross-border data exchange shall be possible without the user’s explicit request referred to in paragraph 4 where an automated cross-border exchange is permitted under Union or national law and where no personal data is concerned in the exchange.

    Amendment    107

    Proposal for a regulation

    Article 12 – paragraph 6

    Text proposed by the Commission

    Amendment

    6.  The evidence made available by a competent authority shall be strictly limited to what has been requested and shall only be used by the receiving authority for the purpose of the procedure for which the evidence was exchanged.

    6.  The evidence made available by a competent authority shall be strictly limited to what has been requested and shall only be used by the receiving authority to complete the procedure for which the evidence was exchanged.

    Amendment    108

    Proposal for a regulation

    Article 12 – paragraph 7

    Text proposed by the Commission

    Amendment

    7.  The Commission shall adopt implementing acts to set out the specifications of the technical system necessary for the implementation of this Article. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 34(2).

    7.  By ... [one year after the entry into force of this Regulation], the Commission shall adopt the first implementing acts to set out the technical, organisational and operational specifications of the technical system necessary for the implementation of this Article, in particular for the interaction of the user with the system and with the competent authorities, as well as for the interaction between the competent authorities via the technical system. When adopting those implementing acts, the Commission shall take into account the fundamental rights of the users. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 35(2).

    Amendment    109

    Proposal for a regulation

    Article 12 – paragraph 8 a (new)

    Text proposed by the Commission

    Amendment

     

    8 a.  The Commission, in cooperation with the Member States, shall be responsible for the development, availability, maintenance, and security management of the technical system. The technical system shall be supervised and monitored by the Commission in consultation, where necessary, with the European Data Protection Board.

    Amendment    110

    Proposal for a regulation

    Article 13 – paragraph 1 – point -a (new)

    Text proposed by the Commission

    Amendment

     

    (-a)  the assistance and problem solving services are executed within a reasonable timeframe taking into account the complexity of the request; and

    Amendment    111

    Proposal for a regulation

    Article 13 – paragraph 1 – point a

    Text proposed by the Commission

    Amendment

    (a)  any deadlines applying to competent authorities in the course of the service are respected;

    (a)  any deadlines applying to competent authorities in the course of the service are respected; and

    Amendment    112

    Proposal for a regulation

    Article 13 – paragraph 1 – point b

    Text proposed by the Commission

    Amendment

    (b)  in case of non-compliance with applicable deadlines, users are informed in advance of the reasons thereof and a new deadline is given;

    (b)  in the case of a delay or non-compliance with applicable deadlines, users are immediately informed of the reasons thereof and a new final deadline is given;

    Amendment    113

    Proposal for a regulation

    Article 13 – paragraph 1 – point c a (new)

    Text proposed by the Commission

    Amendment

     

    (c a)  the assistance and problem solving services are accessible through different appropriate channels;

    Amendment    114

    Proposal for a regulation

    Article 13 – paragraph 1 – point c b (new)

    Text proposed by the Commission

    Amendment

     

    (c b)  the organisation behind the assistance and problem solving service, including the ownership, legal identity and contact details of that organisation, is clearly identified.

    Amendment    115

    Proposal for a regulation

    Article 14 – paragraph 1

    Text proposed by the Commission

    Amendment

    1.  The national coordinators and the Commission shall monitor the compliance of the information, procedures and assistance and problem solving services available through the gateway for which they are responsible, with the quality requirements laid down in Articles 7 to 11 and 13. The monitoring shall be carried out on the basis of the data gathered in accordance with Article 22.

    1.  The national coordinators and the Commission shall regularly monitor the compliance of the information, procedures and assistance and problem solving services available through the gateway for which they are responsible, with the quality requirements laid down in Articles 7 to 11 and 13. In addition, they shall monitor the compliance of the websites and webpages through which they grant access to such information, procedures and assistance problem solving services with the accessibility requirements laid down in Article 6a. The monitoring shall be carried out on the basis of the data gathered in accordance with Article 22.

    Amendment    116

    Proposal for a regulation

    Article 14 – paragraph 2 – introductory part

    Text proposed by the Commission

    Amendment

    2.  In case of the deterioration in the quality of the services referred to in paragraph 1, provided by the competent authorities, the Commission may take any of the following measures having regard to the seriousness and persistence of the deterioration:

    2.  In case of the deterioration in the quality of the services referred to in paragraph 1, provided by the competent authorities, the Commission shall take one or more of the following measures having regard to the seriousness and persistence of the deterioration:

    Amendment    117

    Proposal for a regulation

    Article 14 – paragraph 2 – point d

    Text proposed by the Commission

    Amendment

    (d)  temporarily disconnect the information, procedure, assistance or problem solving service from the gateway.

    (d)  by means of implementing acts decide to temporarily disconnect the information, procedure, assistance or problem solving service from the gateway.

    Amendment    118

    Proposal for a regulation

    Article 14 – paragraph 3

    Text proposed by the Commission

    Amendment

    3.  Where an assistance or problem solving service to which links are provided in accordance with Article 6(2) consistently does not comply with requirements laid down in Article 13, or no longer meets the needs of the users as indicated by the data gathered in accordance with Article 22, the Commission may disconnect it from the gateway.

    3.  Where an assistance or problem solving service to which links are provided in accordance with Article 6(1) and (2) consistently does not comply with the requirements laid down in Articles 6a, 9 and 13, or no longer meets the needs of the users as indicated by the data gathered in accordance with Article 22, the Commission may disconnect it from the gateway after consultation with the national coordinator of the Member State or Member States concerned and, where necessary, with the gateway coordination group. The Commission and the national coordinator or coordinators concerned shall adopt a joint action plan proposing measures to improve the service and to connect it back to the gateway. Where necessary, these measures may be discussed by the gateway coordination group.

    Amendment    119

    Proposal for a regulation

    Article 14 – paragraph 3 a (new)

    Text proposed by the Commission

    Amendment

     

    3a.  Information on the results of the monitoring under paragraph 1 and on the measures taken under paragraphs 2 and 3 shall be regularly made publicly available in the form of summary reports on the Commission website as well as through the gateway itself.

    Amendment    120

    Proposal for a regulation

    Article 15 – paragraph 1

    Text proposed by the Commission

    Amendment

    1.  The Commission shall provide a common user interface to ensure the proper functioning of the gateway.

    1.  The Commission shall provide a common user interface to ensure the proper functioning of the gateway. The common user interface shall be integrated into the existing portal 'Your Europe'.

    Amendment    121

    Proposal for a regulation

    Article 15 – paragraph 2

    Text proposed by the Commission

    Amendment

    2.  The common user interface shall give access to the information, procedures and assistance or problem solving services by means of links to the relevant national and Union level websites, provided in the repository referred to in Article 16.

    2.  The common user interface shall give access to the information, procedures and assistance or problem solving services by means of links to the relevant national and Union level websites or webpages included in the repository referred to in Article 16.

    Amendment    122

    Proposal for a regulation

    Article 15 – paragraph 3

    Text proposed by the Commission

    Amendment

    3.  Member States and the Commission, acting in accordance with their respective roles and responsibilities, as provided for under Article 4, shall ensure that the information, procedures and assistance and problem solving services are organised, structured and marked in a way that improves findability through the user interface.

    3.  The Member States and the Commission, acting in accordance with their respective roles and responsibilities, as provided for under Article 4, shall ensure that the information, procedures and assistance and problem solving services are organised, structured and marked in a way that improves findability through the user interface, and in particular through links between existing and complementary websites or webpages, streamlining and grouping them together and through links to Union and national level online services and information.

    Amendment    123

    Proposal for a regulation

    Article 15 – paragraph 4

    Text proposed by the Commission

    Amendment

    4.  The Commission may adopt implementing acts laying down the detailed organisation, structure and marking of each of the information, procedures and assistance or problem solving services to enable proper functioning of the common user interface. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).

    4.  The Commission may, after consulting the coordination group, adopt implementing acts laying down the detailed organisation, structure and marking of each of the information, procedures and assistance or problem solving services to enable the proper functioning of the common user interface. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).

    Amendment    124

    Proposal for a regulation

    Article 15 a (new)

    Text proposed by the Commission

    Amendment

     

    Article 15 a

     

    Quality requirements related to the common user interface

     

    The Commission shall ensure that the common user interface complies with the following quality requirements:

     

    (a)   it shall be available and accessible online through various electronic channels;

     

    (b)   it shall be easy to navigate and use clear, user-friendly, jargon-free information;

     

    (c)   it shall be easily recognisable through its Union level online service logo and link, which shall be both made visible and available on national and Union level websites or webpages;

     

    (d)   it shall be interoperable with a variety of assistive technologies available at Union and international level and with different complementary services.

     

     

     

     

     

     

    Amendment    125

    Proposal for a regulation

    Article 16 – paragraph 1

    Text proposed by the Commission

    Amendment

    1.  The Commission shall establish and maintain an electronic repository for links to the information, procedures and assistance and problem solving services referred to in Article 2(2) allowing the connection between such services and the common user interface of the gateway.

    1.  The Commission shall establish and maintain an electronic repository for links to the information, procedures and assistance and problem solving services referred to in Article 2(2) allowing the connection and links between such services and the common user interface of the gateway.

    Amendment    126

    Proposal for a regulation

    Article 16 – paragraph 2

    Text proposed by the Commission

    Amendment

    2.  The Commission shall provide the links to the information, procedures and assistance and problem solving services accessible on the webpages managed at Union level, and all their subsequent updates, to the repository of links.

    2.  The Commission shall provide the links to all the information, procedures and assistance and problem solving services accessible on the webpages managed at Union level, and all their subsequent updates, to the repository of links.

    Amendment    127

    Proposal for a regulation

    Article 16 – paragraph 3 – subparagraph 1

    Text proposed by the Commission

    Amendment

    The national coordinators shall provide the links to the information, procedures and assistance and problem solving services accessible on the webpages managed by competent authorities or private or semi-private entities as referred to in Article 6(3), and all their subsequent updates, to the repository of links.

    The national coordinators shall provide the links to all the information, procedures and assistance and problem solving services accessible on the webpages managed by competent authorities or private or semi-private entities as referred to in Article 6(3), and all their subsequent updates, to the repository of links.

    Amendment    128

    Proposal for a regulation

    Article 16 – paragraph 5

    Text proposed by the Commission

    Amendment

    5.  The Commission and the national coordinators shall ensure that the information, procedures and assistance or problem solving services offered through the gateway do not contain any unnecessary full or partial duplication that is likely to confuse users.

    5.  The Commission and the national coordinators shall ensure that the information, procedures and assistance or problem solving services offered through the gateway do not contain any unnecessary full or partial duplication and overlaps that are likely to confuse users.

    Amendment    129

    Proposal for a regulation

    Article 16 – paragraph 5 a (new)

    Text proposed by the Commission

    Amendment

     

    5a.  The Commission and the national coordinators shall ensure that defective, broken and missing links, webpages and websites are corrected or replaced by accurate, up-to-date links, webpages and websites, as soon as they have been notified.

    Amendment    130

    Proposal for a regulation

    Article 16 – paragraph 6 a (new)

    Text proposed by the Commission

    Amendment

     

    6a.  The Commission and the Member States may provide links to information not listed not listed in Annex I, a procedure not listed in Annex II or an assistance or problem solving service not listed in Annex III, if the information, procedure or assistance or problem solving service meets the quality requirements laid down in this Regulation.

    Amendment    131

    Proposal for a regulation

    Article 18 – paragraph 1 – introductory part

    Text proposed by the Commission

    Amendment

    1.  The Commission shall be responsible for the development, availability, maintenance, security and hosting of the following IT applications and webpages:

    1.  The Commission shall be responsiblefor the development, availability, regular monitoring, regular updating, maintenance, security and hosting of the following IT applications and webpages:

    Amendment    132

    Proposal for a regulation

    Article 18 – paragraph 1 – point e a (new)

    Text proposed by the Commission

    Amendment

     

    (ea)  the summary quality reports referred to in Article 14(3a) and Article 22(5a).

    Amendment    133

    Proposal for a regulation

    Article 18 – paragraph 2

    Text proposed by the Commission

    Amendment

    2.  Competent authorities shall be responsible for the development, availability, maintenance and security of IT applications related to webpages they are managing and which are linked to the common user interface.

    2.  The Member States shall be responsible for the development, availability, regular monitoring and updating, maintenance and security of IT applications related to their national websites and webpages that they are managing and which are linked to the common user interface.

    Amendment    134

    Proposal for a regulation

    Article 18 – paragraph 2 a (new)

    Text proposed by the Commission

    Amendment

     

    2a.  The Commission and the Member States shall make publicly available information relating to the version and date of the last update to the IT applications for which they are responsible.

    Amendment    135

    Proposal for a regulation

    Article 19 – paragraph 1

    Text proposed by the Commission

    Amendment

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

    1.  The name by which the gateway is to be known and promoted to the general public shall be the English designation 'Your Europe', which is the same name as the existing portal. The logo by which the gateway shall be known and promoted to the general public shall be decided by the Commission in close cooperation with the gateway coordination group, at the latest by ... [six months after the date of entry into force of this Regulation]. The Union level online service logo of the gateway and link shall be made available on the national and Union level websites and webpages linked to the gateway.

    Amendment    136

    Proposal for a regulation

    Article 19 – paragraph 2

    Text proposed by the Commission

    Amendment

    2.  The name of the gateway also serves as a quality label which may only be used in that sense by information websites and assistance and problem solving services included in the repository referred to in Article 16 as proof of adherence to the quality requirements referred to in Chapter III.

    2.  The name of the gateway also serves as a quality label which may only be used in that sense by information websites and assistance and problem solving services included in the repository referred to in Article 16 if they comply with the quality requirements referred to in Chapter III.

    Amendment    137

    Proposal for a regulation

    Article 20 – paragraph 1

    Text proposed by the Commission

    Amendment

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

    1.  The Member States, the Commission and the European Parliament shall promote the awareness and the use of the gateway amongst citizens and businesses and shall ensure the accessibility and visibility of the gateway and its services and the information made available through it.

    Amendment    138

    Proposal for a regulation

    Article 20 – paragraph 1 a (new)

    Text proposed by the Commission

    Amendment

     

    1 a.  The Member States shall ensure that the logo and the link to the single digital gateway can be found easily within the national webpages and websites and that this logo and link are available within the internal search engines of the national webpages and websites.

    Amendment    139

    Proposal for a regulation

    Article 20 – paragraph 2

    Text proposed by the Commission

    Amendment

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

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

    Amendment    140

    Proposal for a regulation

    Article 20 – paragraph 3

    Text proposed by the Commission

    Amendment

    3.  The competent authorities and the Commission shall ensure that the gateway is easily findable through the related portals for which they are responsible and that clear links to the gateway are included in all relevant websites.

    3.  The Member States and the Commission shall ensure that the gateway is easily findable through the related portals for which they are responsible and that clear links to the gateway are included through search facilities accessible to the public and in all relevant websites and webpages at Union and national level.

    Amendment    141

    Proposal for a regulation

    Article 21 – paragraph 1

    Text proposed by the Commission

    Amendment

    1.  The competent authorities and the Commission shall ensure that statistics are collected in relation to users’ visits on the gateway and the webpages to which the gateway links in order to improve the functionality of the gateway.

    1.  The competent authorities and the Commission shall ensure that statistics are collected in relation to users’ visits on the gateway and the webpages and websites to which the gateway links in a standardised, aggregated and anonymous format, and shall be made available to the public as open data, in order to improve the functionality of the gateway.

    Amendment    142

    Proposal for a regulation

    Article 21 – paragraph 2

    Text proposed by the Commission

    Amendment

    2.  The competent authorities and the Commission shall record and exchange, in an aggregated way, the numbers, the origin and the subject matter of requests for assistance and problem solving services and their response times.

    2.  The competent authorities and the Commission shall record and exchange, in an aggregated way, the numbers, the origin and the subject matter of requests for assistance and problem solving services and their response times, and shall make that information available to the public as open data.

    Amendment    143

    Proposal for a regulation

    Article 21 – paragraph 3

    Text proposed by the Commission

    Amendment

    3.  The Commission is empowered to adopt delegated acts in accordance with Article 34 concerning the detailed categories of data to be recorded in accordance with paragraph 2, in relation to the information, procedures and assistance and problem solving services to which the gateway links.

    3.  The Commission is empowered to adopt delegated acts in accordance with Article 34 concerning the detailed categories of data to be recorded in accordance with paragraphs 1 and 2, in relation to the information, procedures and assistance and problem solving services to which the gateway links and concerning the standardised format for data collection in accordance with paragraph 1.

    Amendment    144

    Proposal for a regulation

    Article 22 – paragraph 1

    Text proposed by the Commission

    Amendment

    1.  In order to gather direct information from users about their satisfaction with the services provided within the gateway, the Commission shall provide users through the gateway with a user-friendly tool allowing them to comment anonymously, immediately after using any of the services referred to in Article 2(2), on quality and availability of the services provided through the gateway and of the common user interface.

    1.  In order to gather direct information from users about their satisfaction with the services provided within the gateway and the information made available therein, the Commission shall provide users through the gateway with a user-friendly tool combined with an opportunity to reply in free-text allowing them to comment anonymously, immediately after using any of the services referred to in Article 2(2) on the quality and availability of the services provided through the gateway and the information made available therein and of the common user interface.

    Amendment    145

    Proposal for a regulation

    Article 22 – paragraph 2

    Text proposed by the Commission

    Amendment

    2.  The competent authorities and the Commission shall include an appropriate link to this tool on all webpages that are part of the gateway. The competent authorities shall cooperate with the Commission and shall integrate such a tool into the webpages for which they are responsible.

    2.  The competent authorities and the Commission shall give users access to this tool on all webpages that are part of the gateway. The competent authorities shall cooperate with the Commission and shall integrate such a tool into the webpages for which they are responsible.

    Amendment    146

    Proposal for a regulation

    Article 22 – paragraph 4

    Text proposed by the Commission

    Amendment

    4.  By derogation from paragraph 2, the competent authorities are not required to integrate the user feedback tool referred to in paragraph 1 in their webpages that are linked to the gateway where a user feedback mechanism of similar functionalities as the tool referred to in paragraph 1 is available on those webpages to monitor service quality. The competent authorities shall collect the user feedback received through the user feedback tool and shall share it with the Commission and the national coordinators of the other Member States.

    4.  By derogation from paragraph 2, the competent authorities are not required to integrate the user feedback tool referred to in paragraph 1 in their webpages that are linked to the gateway where a user feedback mechanism of similar functionalities as the tool referred to in paragraph 1 is available on those webpages to monitor service quality. In such a case, the competent authorities shall collect their own user feedback received through the user feedback tool and shall share it with the Commission and the national coordinators of the other Member States.

    Amendment    147

    Proposal for a regulation

    Article 22 – paragraph 5 a (new)

    Text proposed by the Commission

    Amendment

     

    5 a.  The Commission shall provide through the gateway summarised information on the quality of information and services accessible through the gateway following Article 14, and based on the user statistics referred to in Article 21(1) and (2) and the user feedback referred to in paragraph (1) of this Article.

    Amendment    148

    Proposal for a regulation

    Article 23 – paragraph 1 – point a

    Text proposed by the Commission

    Amendment

    (a)  provide users of the gateway with a user-friendly tool to signal anonymously obstacles encountered by them in exercising their internal market rights;

    (a)  provide users of the gateway with a user-friendly tool to signal anonymously obstacles encountered by them in exercising their internal market rights; that user-friendly tool shall also include a free-text box where users can describe the obstacle encountered;

    Amendment    149

    Proposal for a regulation

    Article 23 – paragraph 3

    Text proposed by the Commission

    Amendment

    3.  Member States and the Commission shall analyse and investigate the problems raised and address them wherever possible, by appropriate means.

    3.  The Member States, the Commission, the European Parliament and the European Economic and Social Committee shall analyse and investigate the problems raised and address them wherever possible, by appropriate means.

    Amendment    150

    Proposal for a regulation

    Article 24 – paragraph 1 – point d a (new)

    Text proposed by the Commission

    Amendment

     

    (da)  supervise and monitor the technical system referred to in Article 12.

    Amendment    151

    Proposal for a regulation

    Article 25 – paragraph 1

    Text proposed by the Commission

    Amendment

    A coordination group (“the gateway coordination group”) shall be established. It shall be composed of the national coordinators and shall be chaired by a representative of the Commission. It shall adopt its rules of procedure. The Commission shall provide the secretariat.

    A coordination group (“the gateway coordination group”) shall be established. It shall be composed of the national coordinators and a representative of the European Parliament and shall be chaired by a representative of the Commission. It shall adopt its rules of procedure. The Commission shall provide the secretariat.

    Amendment    152

    Proposal for a regulation

    Article 26 – paragraph 1 – introductory part

    Text proposed by the Commission

    Amendment

    1.  The gateway coordination group shall support the implementation of the gateway. In particular it shall:

    1.  The gateway coordination group shall support the implementation of this Regulation. In particular it shall:

    Amendment    153

    Proposal for a regulation

    Article 26 – paragraph 1 – point a a (new)

    Text proposed by the Commission

    Amendment

     

    (a a)  promote the uptake of fully online procedures and online means of authentication, identification and signatures, in particular as provided for in Regulation (EU) No 910/2014;

    Amendment    154

    Proposal for a regulation

    Article 26 – paragraph 1 – point b

    Text proposed by the Commission

    Amendment

    (b)  discuss improvements to the presentation of information within the areas listed in Annex I;

    (b)  discuss improvements to the user-centric presentation of information within the areas listed in Annex I, in particular on the basis of statistics collected in accordance with Article 21;

    Amendment    155

    Proposal for a regulation

    Article 26 – paragraph 1 – point c a (new)

    Text proposed by the Commission

    Amendment

     

    (c a)  discuss cases of a serious and continuous deterioration in the quality of services provided by the Member States and, if no remedial action has been taken, provide opinions or recommendations to improve the compliance of Member States with this Regulation;

    Amendment    156

    Proposal for a regulation

    Article 26 – paragraph 1 – point e

    Text proposed by the Commission

    Amendment

    (e)  assist the Commission in monitoring the compliance with the requirements set out in Articles 7 to 11 and 13;

    (e)  assist the Commission in monitoring the compliance with the requirements set out in Articles 7 to 13;

    Amendment    157

    Proposal for a regulation

    Article 26 – paragraph 1 – point h a (new)

    Text proposed by the Commission

    Amendment

     

    (ha)  provide opinions on procedures or organisational measures to facilitate the application of the principles of security by design and privacy by design;

    Amendment    158

    Proposal for a regulation

    Article 26 – paragraph 1 – point h b (new)

    Text proposed by the Commission

    Amendment

     

    (h b)  provide opinions and exchange best practices on the detailed organisation, structure and marking of the information, procedures and assistance or problem solving services provided through the gateway to enable the proper functioning of the common user interface referred to in Article 15(3);

    Amendment    159

    Proposal for a regulation

    Article 26 – paragraph 1 – point h c (new)

    Text proposed by the Commission

    Amendment

     

    (h c)  discuss issues related to the collection of the user feedback and statistics referred to in Articles 21, 22 and 23, so that the services offered at Union and national level are continuously improved;

    Amendment    160

    Proposal for a regulation

    Article 26 – paragraph 1 – point i a (new)

    Text proposed by the Commission

    Amendment

     

    (i a)  take note of the summary reports referred to in Article 14(3a);

    Amendment    161

    Proposal for a regulation

    Article 26 – paragraph 1 – point l a (new)

    Text proposed by the Commission

    Amendment

     

    (l a)  work towards a merger of existing Union information and problem solving portals.

    Amendment    162

    Proposal for a regulation

    Article 26 – paragraph 1 – point l b (new)

    Text proposed by the Commission

    Amendment

     

    (l b)  provide guidelines on the additional official language or languages of the Union to be used by national authorities in addition to the official or national language or languages in accordance with Articles 7(2), 8(3) and 9(2), and point (a) of Article 11(1); the opinion of the coordination group shall take into account what is the language or languages most broadly understood by citizens and businesses in cross-border activities.

    Amendment    163

    Proposal for a regulation

    Article 27 – paragraph 1 – introductory part

    Text proposed by the Commission

    Amendment

    1.  The Commission shall adopt the annual work programme which shall specify, in particular:

    1.  The Commission shall adopt, after consulting the gateway coordination group, the annual work programme which shall specify, in particular:

    Justification

    Better reflecting the internal logic of the text

    Amendment    164

    Proposal for a regulation

    Article 28 – paragraph 1 – point a

    Text proposed by the Commission

    Amendment

    (a)  development and maintenance of the IT tools supporting the implementation of this Regulation at Union level;

    (a)  development and maintenance of the IT tools supporting the implementation of this Regulation at Union level, including the development and maintenance of the technical system for the cross-border exchange of evidence referred to in Article 12;

    Amendment    165

    Proposal for a regulation

    Article 28 – paragraph 1 – point c

    Text proposed by the Commission

    Amendment

    (c)  translation of a maximum volume per Member State of information referred to in Article 2(2)(a) and instructions for completing procedures referred to in Article 11(1)(a), into an official language of the Union, other than the national language.

    (c)  translation of a maximum volume per Member State of information, explanations and instructions as set out in Article 7, Article 8(1), and Article 9 and Article 11(1)(a), into an official language of the Union, other than the national or official language or , or where applicable national or official languages. Where Member States do not pay from their own budget the costs of the translations into an official Union language broadly understood by the largest possible number of users, they may request translations from the Commission in that language. These translations shall primarily cover the basic information in all areas listed in Annex I and, where sufficient budget is available, any further information, explanations and instructions as referred to in Article 7, Article 8(1), and Article 9 and Article 11(1)(a). The Member States shall provide the links to the translated information to the repository for links.

    Amendment    166

    Proposal for a regulation

    Article 36 – paragraph 1 – point 8 a (new)

    Regulation (EU) No 1024/2012

    Annex – point 12 a (new)

     

    Text proposed by the Commission

    Amendment

     

    (8a)  In the Annex, the following point is added:

     

    ‘12a.  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)...’

    Amendment    167

    Proposal for a regulation

    Article 37 – paragraph 2

    Text proposed by the Commission

    Amendment

    Article 2, Articles 4 to 11, Article 12(1) to (6) and (8), Article 13, Article 14, Article 15(1) to (3), Article 16, Article 17, Article 21(1) and (2), Article 22(1) to (4) and Article 23 shall apply from [two years after entry into force of this Regulation].

    Article 2, Article 4, Article 6, Article 7, Article 9, Article 12(7), Article 13, Article 14, Article 15(1) to (3), Article 16, Article 17, Article 21(1) and (2), Article 22(1) to (4) and Article 23 shall apply from [18 months after entry into force of this Regulation]. Article 5, Article 8, Article 10, Article 11, Article 12(1) to (6) and (8) shall apply from [two years after entry into force of this Regulation]

    Amendment    168

    Proposal for a regulation

    Annex I – Areas of information related to citizens – table

    Area

    INFORMATION REGARDING RIGHTS, OBLIGATIONS AND RULES

    Travel within the Union

    •  Documents required of Union citizens, their family members who are not Union citizens, minors travelling alone, non-Union citizens when travelling across borders within the Union (ID card, visa, passport )

     

    •  rights and obligations of travellers by plane, train, ship, bus in and from the Union, and of those who buy travel packages or linked travel arrangements

     

    •  assistance in case of reduced mobility when travelling in and from the Union

     

    •  transport of animals, plants, alcohol, tobacco, cigarettes and other goods when travelling in the Union

     

    •  voice calling and sending and receiving electronic messages and electronic data within the Union

    Work and retirement within the Union

    •  seeking employment in another Member State

     

    •  taking up employment in another Member State

     

    •  recognition of qualifications with a view to employment in another Member State

     

    •  taxation in another Member State

     

    •  terms of employment (including working hours, paid leave, holiday entitlements, rights and obligations regarding overtime work, health checks, termination of contracts, dismissal and redundancies)

     

    •  equal treatment (rules against discrimination in the workplace, equal pay for men and women, equal pay for employees on fixed-term / permanent employment contracts)

     

    •  health and safety obligations in relation to different types of activity

     

    •  social security rights and obligations in the Union including those related to getting pensions

    Vehicles in the Union

    •  taking a motor vehicle temporarily or permanently to another Member State

     

    •  acquiring and renewing a driving license

     

    •  taking out mandatory motor insurance

     

    •  buying and selling a motor vehicle in another Member State

     

    •  renting a motor vehicle

     

    •  national traffic rules and requirements for drivers

    Residence in another Member State

    •  moving temporarily or permanently to another Member State

     

    •  participating in municipal elections and elections to the European Parliament

     

    •  requirements for residence cards for Union citizens and their -family members, including family members who are not Union citizens

    Education or traineeship in another Member State

    •  attending school in another Member State

     

    •  attending university in another Member State

     

    •  volunteering in another Member State

     

    •  traineeships in another Member State

     

    •  conducting research in another Member State as part of an education programme

    Healthcare

    •  getting medical treatment in another Member State

     

    •  buying prescribed pharmaceutical products in Member State other than the one where the prescription was issued, on-line or in person

    Cross-border family rights, obligations and rules

    •   birth, custody for minor children, parental responsibilities, maintenance obligations in relation to children in a cross-border family situation

     

    •  living in a couple with different nationalities (marriage, separation, divorce, marital property rights, the rights of cohabitants)

     

    •  rights in relation to succession in another Member State

    Consumers in cross-border situations

    •  buying goods and services from another Member State (including financial ), on-line or in person

     

    •  holding a bank account in another Member State

     

    •  connection to utilities, such as gas, electricity, water, telecom and internet

     

    •  payments, including credit transfers, delays in cross-border payments

     

    •  consumer rights and guarantees related to buying goods and services

     

    Amendment

    Area

    INFORMATION REGARDING RIGHTS, OBLIGATIONS AND RULES

    Travel within the Union

    •  Documents required of Union citizens, their family members who are not Union citizens, minors travelling alone, non-Union citizens when travelling across borders within the Union (ID card, visa, passport )

     

    •  rights and obligations of travellers by plane, train, ship, bus in and from the Union, and of those who buy travel packages or linked travel arrangements

     

    •  assistance in case of reduced mobility when travelling in and from the Union

     

    •  transport of animals, plants, alcohol, tobacco, cigarettes and other goods when travelling in the Union

     

    •  voice calling and sending and receiving electronic messages and electronic data within the Union

    Work and retirement within the Union

    •  seeking employment in another Member State

     

    •  taking up employment in another Member State

     

    •  recognition of qualifications with a view to employment in another Member State

     

    •  taxation in another Member State

     

    •  mandatory liability and insurance rules in another Member State

     

    •  terms of employment (including working hours, paid leave, holiday entitlements, rights and obligations regarding overtime work, health checks, termination of contracts, dismissal and redundancies)

     

    •  terms of employment and social rights of posted workers

     

    •  equal treatment (rules against discrimination in the workplace, equal pay for men and women, equal pay for employees on fixed-term / permanent employment contracts)

     

    •  health and safety obligations in relation to different types of activity

     

    •  social security rights and obligations in the Union including those related to getting pensions

    Vehicles in the Union

    •  taking a motor vehicle temporarily or permanently to another Member State

     

    •  acquiring and renewing a driving license

     

    •  taking out mandatory motor insurance

     

    •  buying and selling a motor vehicle in another Member State

     

    •  renting a motor vehicle

     

    •  national traffic rules and requirements for drivers, including toll and emission stickers for temporary or permanent stays in another Member State

    Residence in another Member State

    •  moving temporarily or permanently to another Member State

     

      purchase, sale and taxation of real estate in another Member State, including rights and obligations associated with the ownership and use of real estate

     

    •  participating in municipal elections and elections to the European Parliament

     

    •  requirements for residence cards for Union citizens and their -family members, including family members who are not Union citizens

     

      requirements for naturalisation for residents living in another Member State

     

    •  obligations in case of death and repatriation of remains

    Education or traineeship in another Member State

    •  attending day nursery, kindergarten and school in another Member State

     

    •  attending university in another Member State

     

    •  attending an adult education center in another Member State

     

    •  recognition of vocational education and training

     

    •  volunteering in another Member State

     

    •  traineeships in another Member State

     

    •  conducting research in another Member State as part of an education programme

     

     

    Healthcare

    •  getting medical treatment in another Member State

     

    •  buying prescribed pharmaceutical products in Member State other than the one where the prescription was issued, on-line or in person

     

    •  health insurance coverage in another Member State, including the possibility to order the European Health Insurance Card

     

    •  public preventive healthcare programs

     

    •  emergency numbers

     

    •  moving to a retirement home

    Cross-border family rights, obligations and rules

    •   birth, custody for minor children, parental responsibilities, surrogacy and adoption, including second-parent-adoption, maintenance obligations in relation to children in a cross-border family situation

     

    •  living in a couple with different nationalities without discrimination on the basis of sexual orientation (marriage, civil or registered partnership, separation, divorce, marital property rights, the rights of cohabitants)

     

    •  rights and obligations in relation to succession in another Member State, including tax rules

     

    •  legal consequences of, and rights in relation to, international parental child abduction

    Consumers’ rights

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

     

    •  holding a bank account in another Member State

     

    •  connection to utilities, such as gas, electricity, water, waste disposal, telecom and internet

     

    •  payments, including credit transfers, delays in cross-border payments

     

    •  consumer rights and guarantees related to buying goods and services

     

      consumer redress, compensation and judicial procedure

     

      product safety and security

     

     

    Citizens’ and residents’ rights

      filing administrative and judicial petitions at national and Union level

     

      gender recognition

    Protection of personal data

      exercise of rights of data subjects under Regulation (EU) 2016/679 and in particular, those in sections 2 to 4 thereof on information and access to personal data, rectification and erasure, and objection.

    Amendment    169

    Proposal for a regulation

    Annex I –Areas of information related to businesses – table

    Area

    INFORMATION REGARDING RIGHTS, OBLIGATIONS AND RULES

    Starting, running and closing a business

    •  registering a business (registration procedures and legal forms for carrying out business)

     

    •  intellectual property rights (applying for a patent, registering a trademark, a drawing or a design, getting a license for reproduction)

     

    •  fairness and transparency in commercial practices, including consumer rights and guarantees related to selling goods and services

     

    •  offering online facilities for cross-border payments when selling goods and services online

     

    •  rights and obligations arising under contract law, including late payment interests

     

    •  insolvency proceedings and liquidation of companies

     

    •  credit insurance

     

    •  mergers of companies or selling a business

    Staff

    •  terms of employment (including working hours, paid leave, holiday entitlements, rights and obligations regarding overtime work, health checks, termination of contracts, dismissals and redundancies)

     

    •  social security rights and obligations in the Union (registering as employer, registering employees, notifying the end of contract of an employee, paying social contributions, rights and obligations related to pensions)

     

    •  employment of workers on other Member States (posting of workers, rules on freedom to provide services, residency requirements for workers)

     

    •  equal treatment (rules against discrimination in the workplace, equal pay for men and women, equal pay for employees on fixed-term / permanent employment contracts)

     

    •  rules on staff representation

    Taxes

    •  VAT: information on the general rules, rates and exemptions, registering for and paying VAT, getting a refund

     

    •  excise duties: information on the general rules, rates and exemptions

     

    •  other taxes: payment, rates

    Goods

    •  obtaining CE marking

     

    •   identifying applicable standards, technical specifications and getting products certified

     

    •  mutual recognition of products not subject to Union- specifications

     

    •  requirements regarding classification, labelling and packaging for hazardous chemicals

     

    •  distance/off-premises selling: information to be given to customers in advance, confirmation of the contract in writing, withdrawal from a contract, delivering of the goods, other specific obligations

     

    •  defective products: consumer rights and guarantees, after-sale responsibilities, means of redress for an injured party

     

    •  certification, labels (EMAS, energy labels, Eco-design, EU eco-label)

     

    •  recycling and waste management

    Services

    •  acquiring licenses, authorisations or permits with a view to starting a business

     

    •  notifying the authorities of cross-border activities

     

    •  recognition of professional qualifications

    Funding a business

    •  getting access to finance at the Union level, including Union funding programmes and business grants

     

    •  getting access to finance at national level

     

    •  initiatives addressed to entrepreneurs (exchanges organised for new entrepreneurs, mentoring programmes etc.)

    Public contracts

    •  Participating in public tenders: rules and procedures

     

    •  submitting a bid online in response to a public call for tender

     

    •  reporting irregularities in relation to the tender process

    Health and safety at work

    •  Health and safety obligations in relation to different types of activity, including prevention of risks, information and training

     

    Amendment

    Area

    INFORMATION REGARDING RIGHTS, OBLIGATIONS AND RULES

    Starting, running and closing a business

    •  registering, changing or closing a business (registration procedures and legal forms for carrying out business)

     

    •  relocating a business to another Member State

     

    •  intellectual property rights (applying for a patent, registering a trademark, a drawing or a design, getting a license for reproduction, applicable exceptions)

     

    •  fairness and transparency in commercial practices, including consumer rights and guarantees related to selling goods and services

     

    •  offering online facilities for cross-border payments when selling goods and services online

     

    •  rights and obligations arising under contract law, including late payment interests

     

    •  insolvency proceedings and liquidation of companies

     

    •  credit insurance

     

    •  mergers of companies or selling a business

     

    •  liability of management

    Staff

    •  terms of employment (including working hours, paid leave, holiday entitlements, rights and obligations regarding overtime work, health checks, termination of contracts, dismissals and redundancies)

     

    •  social security rights and obligations in the Union (registering as employer, registering employees, notifying the end of contract of an employee, paying social contributions, rights and obligations related to pensions)

     

    •  employment of workers on other Member States (posting of workers, rules on freedom to provide services, residency requirements for workers)

     

    •  equal treatment (rules against discrimination in the workplace, equal pay for men and women, equal pay for employees on fixed-term / permanent employment contracts)

     

    •  rules on staff representation

    Taxes

    •  VAT: information on the general rules, rates and exemptions, registering for and paying VAT, getting a refund

     

    •  excise duties: information on the general rules, rates and exemptions

     

    •  customs duty and other taxes and duties collected on imports, import customs procedures, export customs procedures

     

    •  other taxes: payment, rates, tax returns

    Goods

    •  obtaining CE marking and product requirements

     

    •   identifying applicable standards, technical specifications and getting products certified

     

    •  mutual recognition of products not subject to Union- specifications

     

    •  requirements regarding classification, labelling and packaging for hazardous chemicals

     

    •  distance/off-premises selling: information to be given to customers in advance,, confirmation of the contract in writing, withdrawal from a contract, delivering of the goods, other specific obligations

     

    •  defective products: consumer rights and guarantees, after-sale responsibilities , means of redress for an injured party

     

    •  certification, labels (EMAS, energy labels, Eco-design, EU eco-label)

     

    •  recycling and waste management

    Services

    •  acquiring licenses, authorisations or permits with a view to starting a business

     

    •  notifying the authorities of cross-border activities

     

    •  recognition of professional qualifications, vocational education and trainings

    Funding a business

    •  getting access to finance at the Union level, including Union funding programmes and business grants

     

    •  getting access to finance at national level

     

    •  initiatives addressed to entrepreneurs (exchanges organised for new entrepreneurs, mentoring programmes etc.)

    Public contracts

    •  Participating in public tenders: rules and procedures

     

    •  submitting a bid online in response to a public call for tender

     

    •  reporting irregularities in relation to the tender process

    Health and safety at work

    •  Health and safety obligations in relation to different types of activity, including prevention of risks, information and training

    Amendment    170

    Proposal for a regulation

    ANNEX II – table

     

    Text proposed by the Commission

    Life events

    Procedures

    Expected output

    Birth

    Requesting a birth certificate

    Birth certificate

    Studying

    Applying for a study grant from a public institution

    Decision regarding the application for a grant

    Working

    Registering for social security benefits

    Acknowledgement of receipt

     

    Requesting recognition of diploma

    Decision on the request for recognition

    Moving

    Registering a change of address

    Confirmation of the registration of the new address

     

    Requesting/renewing ID card or passport

    Issue or renewal of an ID card or a passport

     

    Registering a motor vehicle

    Registration certificate

    Retiring

    Claiming pension and pre-retirement benefits from public or semi-public schemes

    Decision regarding the claim for a pension or pre-retirement benefits

    Starting a business

    General registration of business activity, excluding procedures concerning the constitution of companies or firms within the meaning of the second paragraph of Article 54 TFEU

    Confirmation of the completion of all steps necessary to start operating as a business

     

    Registration of an employer (a natural person) with public or semi-public pension and insurance schemes

    Social security registration number

     

    Registration of employees with public or semi-public pension and insurance schemes

    Social security registration number

    Doing business

    Notification to the social security schemes of the end of contract with an employee

    Confirmation of the receipt of the notification

     

    Payment of social contributions for employees

    Receipt or other form of confirmation of payment of social contributions for employees

     

    Amendment

    Life events

    Procedures

    Expected output

    Birth

    Requesting a birth certificate

    Birth certificate or proof of registration of birth

    Residence

    Requesting a residence certificate or requesting and renewing a residence card

    Proof of registration and residence or issue or renewal of a residence card

    Studying

    Applying for a study grant from a public body or institution

    Decision regarding the application for a grant

     

    Enrolling in a public higher education institution

    Decision on enrolment

     

    Requesting a certificate of diploma and a certificate of qualifications from a public body or institution

    Copy of diploma or certificate of qualification

    Working

    Registering for social security benefits

    Acknowledgement of receipt

     

    Requesting recognition of professional qualification

    Decision on the request for recognition

     

    Requesting recognition of diploma

    Decision on the request for recognition

     

    Declaring income taxes

    Confirmation of receipt of delcaration

    Moving

    Registering a change of address

    Confirmation of the registration of the new address and de-registration of the previous address

     

    Requesting/renewing ID card or passport

    Issue or renewal of an ID card or a passport

     

    Registering a motor vehicle

    Registration certificate

     

    Obtaining highway toll stickers or emission stickers issued by a public body or institution

    Receipt of toll or emission stickers

    Retiring

    Claiming pension and pre-retirement benefits from public or semi-public schemes

    Decision regarding the claim for a pension or pre-retirement benefits

     

    Requesting information on the balance of pension account from public or semi-public schemes

    Statement of pension account balance

    Starting a business

    Notification of business activity, permissions of business activity, changes of business activity and the termination of a business activity without insolvency or liquidation procedures, excluding procedures concerning the constitution of companies or firms within the meaning of the second paragraph of Article 54 TFEU and the registration of a business activity with the business register.

    Confirmation of the registration of changes of business activity

     

    VAT registration

    VAT registration number

     

    Registration for income tax

    Tax registration number

     

    Registration of an employer (a natural person) with public or semi-public pension and insurance schemes

    Social security registration number (or other confirmation of the registration)

     

    Registration of employees with public or semi-public pension and insurance schemes

    Social security registration number (or other confirmation of the registration)

     

    VAT returns

    Receipt of the VAT return

     

    Corporate/Business tax declaration

    Confirmation of the receipt of the declaration

    Doing business

    Notification to the social security schemes of the end of contract with an employee

    Confirmation of the receipt of the notification

     

    Payment of social contributions for employees

    Receipt or other form of confirmation of payment of social contributions for employees

     

    Notification of cessation of activity subject to VAT

    Confirmation of the receipt of the notification

    Amendment    171

    Proposal for a regulation

    Annex III – point 7 a (new)

    Text proposed by the Commission

    Amendment

     

    (7a)  Data protection supervisory authorities

    Amendment    172

    Proposal for a regulation

    Annex III – point 7 b (new)

    Text proposed by the Commission

    Amendment

     

    (7b)  Voluntary assistance and problem solving services offered by competent authorities, the Commission or bodies, offices and agencies of the Union or by private or semi-private entities provided that such services comply the quality criteria set out in this Regulation

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

    EXPLANATORY STATEMENT

    I. Introduction

    In response to achieving a deeper and fairer internal market for citizens and businesses, as one of the 10 key priorities of the Juncker Commission, together with the development of the Digital Single Market, this initiative delivers a key action, set out to help citizens and businesses to take full advantage of the benefits offered by new digital tools and e-government strategies when they travel, work and study or do business in any EU Member State.

    Unfortunately, significant obstacles still exist for both citizens and businesses interested in moving to, studying, living, selling products or providing services in another EU Member State. Finding relevant, accurate and understandable online information about their day-to-day activities as well as being able to access and carry out national administrative procedures online often remains complicated, time-consuming and expensive, if at all possible. Such problems can also be faced by nationals of one Member State who are living in another and seek to access procedures in their Member State of origin. Europe and Member States need stronger incentives to adopt more ambitious cross-border and national e-government strategies, so that EU citizens and business can benefit fully from the available technological developments.

    The proposed Regulation puts forward this new initiative aimed at meeting Europe’s growing need for an open, efficient and inclusive public administration oriented towards ambitious e-government approaches, providing borderless, personalised, user-friendly, end-to-end digital public services. The Regulation puts forward a centralised single entry point, a “Single Digital Gateway” which will provide access for EU citizens and businesses to all the information necessary when enjoying their rights to free movement in the EU. It also ensures full access to online procedures in a non-discriminatory way (if a procedure is available for a national of a specific Member State, it should also be accessible to users from other Member States) and to problem solving and assistance services. It also imposes an obligation on Member States to create full online access to the most important and most often used procedures by citizens and business.

    II. Preparation of the proposal

    The proposal is based on extensive consultations with stakeholders and an impact assessment. The consultation included a dedicated stakeholders' workshop, an online public consultation, meetings with stakeholder representatives, as well as exchanges with Member States. The main elements that emerge from the consultation are the need to tackle the quantity and quality of single market-related information, e-procedures and assistance services available. There is broad support for the aims of the initiative and a high level of stakeholder interest in successful implementation.

    The proposal is supported by an impact assessment, which showed that the best option is providing an EU coordinated approach where information, procedures and assistance services are findable via an EU search facility. Member States will be the ones to manage the content and the substantial requirements of the national rules and obligations. This is complemented by clear and enforceable quality criteria and having key procedures available online.

    III. Position of the Rapporteur

    The Rapporteur broadly supports the overall objectives of the Commission’s proposal, which aims to establish a single digital entry point that provides high quality information and access to online administrative procedures and assistance services to citizens and business.

    Internet and digital technologies are transforming the way people and businesses live, work, study, do business and travel. Therefore, the Rapporteur supports the idea of moving the EU and Member States towards digitalisation of their administrations, providing some of the essential administrative procedures, information and remedies to citizens in an online format and in at least one additional foreign language in addition to their national or official languages. Having this information and these procedures available online in a non-discriminatory manner is also important for citizens to be able to use their rights in the internal market.

    At the same time, however, the Rapporteur has identified a number of elements that require further discussion or clarification. First, the Rapporteur will address the opinion of the European Data Protection Supervisor that provides comments and recommendations on how to better safeguard the right to privacy and the protection of personal data in the proposed Regulation. Secondly, the Rapporteur puts forward a number of improvements as regards the quality requirements related to information, online procedures and assistance and problem solving services. Third, the Rapporteur suggests additional provisions to clarify the requirements on access to online procedures. Finally, the Rapporteur supports the changes introduced to the IMI Regulation.

    1. Opinion of the European Data Protection Supervisor - “once only” principle

    The Opinion of the European Data Protection Supervisor (EDPS) is issued upon the specific request of both the Commission and of the Parliament pursuant to Article 28(2) of Regulation 45/2001. The Opinion provides recommendations in relation to the implementation of the “once only” principle, which aims at ensuring that citizens and business are requested to supply the same information only once to a public administration, which can then be re-used.

    The Rapporteur supports the recommendations addressed in the EDPS opinion and stresses that in order to ensure successful implementation of an EU-wide ‘once-only’, and enable lawful cross-border exchange of data, ‘once-only’ must be implemented in line with the relevant data protection principles. The Rapporteur also supports the efforts made to ensure that individuals remain in control of their personal data, including by requiring ‘an explicit request of the user’ before any transfer of evidence between competent authorities, and by offering the possibility for the user to ‘preview’ the evidence that will be exchanged.

    However, the Rapporteur believes that there are still some elements that require further clarification. To address those elements, the Rapporteur provides recommendations on a wide range of issues, focusing on the legal basis for the cross-border exchange of evidence, purpose limitation, and the scope of the ‘once-only principle’ as well as practical concerns surrounding user control. Key recommendations of the Rapporteur include clarifying that the proposal does not provide a legal basis for using the technical system for exchanging information for purposes other than those provided for in the four Directives listed or otherwise foreseen under applicable EU or national law. The proposal does not aim to provide a restriction on the principle of purpose limitation under the General Data Protection Regulation (GDPR).

    2. Quality requirements related to information, online procedures and assistance and problem solving services

    On the quality requirements, the Rapporteur supports the Commission’s overall approach. Her emphasis is that the quality of the single digital gateway depends on the quality of European and national services provided through the gateway. In order for the single digital gateway to meet the users’ needs, high quality standards should be set with regards to the information, online procedures and assistance and problem solving services. Poor experiences with the online information and services provided at European and national level will generate a negative perception of the single digital gateway.

    Therefore, she introduces a number of improvements to the current draft, to strengthen the quality requirements. In line with the Rapporteurs’ recommendations, it should be ensured that the information is easy to understand so that a maximum number of users can benefit from the information and services foreseen in this Regulation. In this regard, the Rapporteur proposes a set of amendments to ensure that both the national and the Union webpages within the scope of the proposal are ensured to be accessible also for users with disabilities. The Rapporteur also suggests that a set of quality requirements need to be introduced to the common user interface supported by the Commission. The Commission and national coordinators should through the coordination group monitor the compliance of the quality criteria, and if there is serious and persistent deterioration be able to temporarily disconnect the service or, as a last resort, consider penalties or joint actions with the Member States to improve or fix the services.

    3. Access to online procedures

    The Rapporteur moves Article 5 (1) to Article 11. The change is needed in order to clarify the difference between the online procedures set out in Article 5 and in Article 11. The online procedures listed in Annex II in relation to Article 5 will be obligatory for Member States. Consequently, Member States need to ensure that the procedures in Article 5 are fully online and accessible to all users. Furthermore, the Rapporteur clarifies what fully online means and which procedures need to be covered in Annex II. For the Rapporteur it is important to stress that this Regulation will not affect the substantial provisions of the existing provisions in Union and/or national law and that Member States will continue to organise their national services and procedures in the way that meets their national needs.

    Article 11 on the other side ensures that if Member States provide certain procedures to their national citizens, they should also provide those procedures in non-discriminatory way to cross-border users so that they can exercise their internal market rights derived from Union law and comply with those obligations and rules. The Rapporteur supports this objective, but further stresses that technical requirements used for cross-border users should also be possible for national users in accordance with national procedures and requirements.

    4. Revision of IMI Regulation

    The Rapporteur agrees with the proposed changes to the IMI Regulation that confirm and update the provisions on the coordinated supervision mechanism foreseen for IMI and would also enable the European Data Protection Board (‘EDPB’) to benefit from the technical possibilities offered by IMI for information exchange in the context of the General Data Protection Regulation (GDPR). With regard to the amendments to the IMI Regulation, the EDPS recommends adding the GDPR to the Annex of the IMI Regulation to allow the potential use of IMI for purposes of data protection.

    PROCEDURE – COMMITTEE RESPONSIBLE

    Title

    Establishing a single digital gateway to provide information, procedures, assistance and problem solving services

    References

    COM(2017)0256 – C8-0141/2017 – 2017/0086(COD)

    Date submitted to Parliament

    2.5.2017

     

     

     

    Committee responsible

           Date announced in plenary

    IMCO

    12.6.2017

     

     

     

    Committees asked for opinions

           Date announced in plenary

    ITRE

    12.6.2017

    LIBE

    12.6.2017

     

     

    Not delivering opinions

           Date of decision

    ITRE

    30.5.2017

    LIBE

    5.2.2018

     

     

    Rapporteurs

           Date appointed

    Marlene Mizzi

    30.5.2017

     

     

     

    Discussed in committee

    11.10.2017

    21.11.2017

    22.1.2018

    21.2.2018

    Date adopted

    22.2.2018

     

     

     

    Result of final vote

    +:

    –:

    0:

    33

    3

    0

    Members present for the final vote

    John Stuart Agnew, Pascal Arimont, Carlos Coelho, Anna Maria Corazza Bildt, Daniel Dalton, Nicola Danti, Dennis de Jong, Pascal Durand, Maria Grapini, Robert Jarosław Iwaszkiewicz, Liisa Jaakonsaari, Antonio López-Istúriz White, Morten Løkkegaard, Marlene Mizzi, Nosheena Mobarik, Christel Schaldemose, Andreas Schwab, Olga Sehnalová, Jasenko Selimovic, Igor Šoltes, Catherine Stihler, Róża Gräfin von Thun und Hohenstein, Mylène Troszczynski, Mihai Ţurcanu, Marco Zullo

    Substitutes present for the final vote

    Lucy Anderson, Birgit Collin-Langen, Edward Czesak, Kaja Kallas, Arndt Kohn, Adam Szejnfeld, Ulrike Trebesius, Lambert van Nistelrooij

    Substitutes under Rule 200(2) present for the final vote

    Gabriel Mato, Flavio Zanonato, Jaromír Štětina

    Date tabled

    8.3.2018

    FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

    33

    +

    ALDE

    ECR

    EFDD

    GUE/NGL

    PPE

     

     

     

    S&D

     

    Verts/ALE

    Kaja Kallas, Morten Løkkegaard, Jasenko Selimovic

    Edward Czesak, Daniel Dalton, Nosheena Mobarik, Ulrike Trebesius

    Marco Zullo

    Dennis de Jong

    Pascal Arimont, Carlos Coelho, Birgit Collin-Langen, Anna Maria Corazza Bildt, Antonio López-Istúriz White, Gabriel Mato, Andreas Schwab, Jaromir Stetina, Adam Szejnfeld, Róza Gräfin von Thun und Hoheinstein, Mihai Turcanu, Lambert van Nistelrooij

    Lucy Anderson, Nicola Danti, Maria Grapini, Liisa Jaakonsaari, Arndt Kohn, Marlene Mizzi, Christel Schaldemose, Olga Sehnalová, Catherine Stihler, Flavio Zanonato

    Pascal Durand, Igor Soltes

    3

    -

    EFDD

    ENF

    John Stuart Agnew, Robert Jaroslaw Iwaszkiewicz

    Mylène Troszczynski

    0

    0

     

     

    Key to symbols:

    +  :  in favour

    -  :  against

    0  :  abstention

    Last updated: 9 March 2018
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