Explanatory Memorandum to COM(2022)720 - Measures for a high level of public sector interoperability across the Union (Interoperable Europe Act) - Main contents

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This page contains a limited version of this dossier in the EU Monitor.

dossier	COM(2022)720 - Measures for a high level of public sector interoperability across the Union (Interoperable Europe Act).
source	COM(2022)720
date	18-11-2022

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

This explanatory memorandum accompanies the proposal for a Regulation laying down measures for a high level of public sector interoperability across the Union (‘the Interoperable Europe Act’).

The digital transformation of public administrations is among the top priorities of the decade, and Member States are investing intensely in the digitisation of their public administration. However, while more and more services provided by the EU public sector become digital, their level of interoperability is still insufficient.

Interoperability allows organisations to interact towards mutually beneficial goals. It involves the sharing of information and knowledge between organisations through the business processes they support, by means of exchanging data between their network and information systems. Interoperability ensures that data can be exchanged seamlessly.

In times when processes are automated and digital technologies become part of public administrations, it is crucial that public administrations remain capable of communicating with each other. Interoperability is an important element to reach such a goal. This cannot be ensured solely by technical means. It needs agreements and established processes between different organisations, aligned data descriptions, laws that allow for those data exchanges and structured long-term cooperation. A high level of interoperability of public sector digital services is essential for the digital single market.

The COVID-19 pandemic experience has shown that interoperable solutions help to ensure that Union citizens can exercise their right to free movement laid down in the Treaties. Public sector interoperability also has an important impact on the right to free movement of goods and services laid down in the Treaties, as burdensome administrative procedures can create significant obstacles, especially for small and medium-sized enterprises (‘SMEs’).

Interoperability is also a crucial factor in the mitigation of the increasing cybersecurity risks faced by the Union and the Member States. Today the public administrations are regular targets of cyberattacks.

Interoperability is therefore not only a technical issue but requires action in several fields. These include:

• ensuring that the legal frameworks under which different organisations operate do not obstruct the delivery of seamless public services between and within Member States (legal interoperability);

• effective coordination between different public sector bodies at all levels of government in providing public services (organisational interoperability); and

• ensuring that the format and meaning of exchanged data and information is preserved and understood in any exchanges between parties (semantic interoperability).

Optimal public sector interoperability presupposes a high level of interoperability that enables more efficient and secure exchange of data to provide seamless public services. A low level of interoperability leads to citizens and businesses facing unnecessary administrative burden and increased costs for public administrations. Strengthening public sector interoperability provides significant opportunities for innovation, better planning ahead (e.g. in crisis situations) and improved technological sovereignty of the EU. The ideal degree of interoperability should set a clear and stable environment for the development of diverse interoperable solutions.

Regulating cross-border interoperability is a fundamental prerequisite for further developing and completing all the existing facets of the Digital Single Market.

The specific objectives of this initiative are:

1. to ensure a consistent, human-centric EU approach to interoperability from policymaking to policy implementation;

2. to establish an interoperability governance structure designed to enable public administrations from all levels and sectors, as well as private stakeholders, to work together – with a clear mandate to agree on shared interoperability solutions (e.g. frameworks, open specifications, open standards, applications, or guidelines);

3. to co-create an ecosystem of interoperability solutions for the EU’s public sector, so that public administrations at all levels in the EU and other stakeholders can contribute to and re-use such solutions, innovate together and create public value.

Member States themselves have asked for a coherent, synergetic, needs-driven and cooperative approach to the topic of policy implementation with a view to the growing regulatory environment in the field. Examples include the Single Digital Gateway (established by Regulation (EU) 2018/1724 of the European Parliament and of the Council ¹ , installing the once-only-technical system through which Member States will exchange important evidences in the future); and the evolving legal framework around Digital Identity ² , which sets-up a framework for the purposes of the interoperability of national electronic identification schemes or the upcoming data spaces ³ . The once-only-technical system is the first cross-sector data space between public services based on a full set of specific interoperability rules.

As interoperability in the EU public sector is about various entities cooperating to pursue a unified objective, a common approach to interoperability can only be implemented within a dynamic yet homogenous framework, in absolute respect of subsidiarity, and through a consolidated multi-level governance.

The experience of Member States has shown that, when a legal basis for interoperability frameworks is provided, those frameworks evolve into a consistent and coherent point of reference that places interoperability at the forefront of policy considerations. For example, the Proposal for a European Interoperability Framework for Smart Cities and Communities (EIF4SCC ⁴ ) seeks to provide guidance on a local and regional approach to interoperability, complementing the overall one of the European Interoperability Framework (EIF).

The proposal includes a clear governance model supported by Member States and EU institutions, while providing opportunities for stakeholders to express their viewpoints and concerns through seamless processes that ultimately contribute to common interoperability solutions. An effective interoperability policy would bring together key initiatives within an innovative collaborative architecture and would be open, secure, and inclusive, and support the implementation of the outcomes.

This proposal provides for the development of a European Interoperability Framework. The EIF stresses the importance of considering all different levels of interoperability – technical, semantic, organisational and legal – as well as taking an integrated governance approach. The EIF was first formulated in 2004. Its latest version was published as Annex 2 to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – European Interoperability Framework – Implementation Strategy COM/2017/0134 final. The implementation of the EIF on Member State level is monitored by the National Interoperability Framework Observatory.

In addition, this proposal creates the premises to develop the necessary knowledge around interoperability and the respective solutions, especially among non-IT experts. Communication and cooperation are essential elements for interoperability. Therefore, it is important to have a one-stop-shop to support trusted exchange of information – the Interoperable Europe portal.

Regulating cross-border interoperability in the public sector should focus on safeguarding the public interest in user-centric and open solutions. Open source supports the implementation of interoperability solutions. Open source enables users to actively assess and inspect the interoperability and security of the solutions, users are thus autonomous and independent in managing its own infrastructures without external constraints. Furthermore, it mitigates cybersecurity risks and lock-in effects that can be addressed by using a coordinated approach between Member States. It also ensures the best return on investment for public money, making it possible to build on and improve existing solutions instead of starting from scratch. Deploying open source strategies has positive spillover effects on the efficiency of innovation and on the Union ⁵ . Open source and open standards together are enablers of interoperability. In this context, the question of appropriate licences is of particular importance. The current version of the European Union Public Licence (EUPL), a standard open source licence (version 1.2), was adopted by Commission Implementing Decision (EU) 2017/863.

• Consistency with existing policy provisions in the policy area

The policy area of public sector interoperability is not currently covered by binding overarching EU policy provisions. However, the non-binding European Interoperability Framework has been part of EU interoperability policy since 2010. Its latest version was adopted by the Commission in a Communication in 2017 ⁶ . Implementation of the framework was and continues to be supported by a series of funding instruments, like the ISA2 programme and, today, the Digital Europe Programme ⁷ . The need for stronger action in the field was recognised and concrete action was announced in several Commission communications, among them the Communication ‘Shaping Europe’s Digital Future’ ⁸ , ‘A European Strategy for Data’ ⁹ , ‘Identifying and addressing barriers to the Single Market’ ¹⁰ and ‘Digitalisation of justice in the European Union A toolbox of opportunities’ ¹¹ . This proposal also implements the political mandate provided by the European Council that called for an empowering interoperability framework ¹² . This initiative was included in the Commission work programme for 2022 (REFIT annex) ¹³ . To ensure consistency with the approach taken in the past, this proposal builds on the evaluations of the non-binding policy framework the EIF ¹⁴ and the ISA2 programme ¹⁵ .

In addition, there are fast-moving developments in the broader policy area of digital public services. Examples include the Single Digital Gateway Regulation ¹⁶ , the Open data Directive ¹⁷ and the Data Governance Act ¹⁸ while new legislative proposals are being discussed by the Union legislator, e.g. a Regulation for a European Digital Identity ¹⁹ and the Data Act ²⁰ . As these initiatives already touch on different aspects of the digital economy and interoperability, the proposed Interoperable Europe Act aims to facilitate the interoperable implementation of certain parts of those policies, which are relevant from the aspect of public services, by setting up an ongoing structured cooperation around public sector cross-border interoperability.

Although some of these policy initiatives do have provisions that are relevant for providing public services (e.g. the rules on re-use of protected publicly held data set out in the Data Governance Act), they do not set up a comprehensive framework for the interoperability of network and information systems which are used to provide or manage public services in the Union. The Member States and EU institutions, agencies and bodies, as providers of network and information systems for public services, will agree on interoperability solutions via a dedicated governance body (the ‘Interoperable Europe Board’). This agreed consensus can speed up and support implementation, especially of other digital policies – ensuring interoperability between the various implementation measures. Furthermore, an ‘Interoperable Europe Community’ will ensure the coordination and cooperation between relevant stakeholders in the field of cross-border and cross-sector interoperability. The ‘Interoperable Europe Portal’ will provide a single point of entry for information related to interoperability of relevant network and information systems, and the ‘Interoperable Europe Agenda’ will lay down a strategic EU-wide agenda of suggestions for further improvements, including coordinated support measures.

• Consistency with other Union policies

It is necessary to establish a link between all specifications for public sector network and information systems that are mandatory to use due to Union legal provisions. It is not always easy for implementing authorities to find the requirements in the most recent and machine-readable format. A single point of entry and clear rules on the metadata of such information should help public sector bodies to have their digital service infrastructures comply with the existing and future rules. This is another important factor on how the proposal will help to integrate policies across different EU sectors and foster their coherent implementation.

In fact, due to the crosscutting nature of interoperability, this proposal also aims to facilitate the digital implementation of sectoral policies. The proposal is designed to avoid binding interoperability requirements conflicting with sectoral policies that set requirements for network and information systems for public services, or vice versa. Instead, the interoperability assessment aims to foster the take-up of interoperable solutions in future policy developments, and to improve consistency with the proposed policy and with other policies, specifically their general digital implementation.

Interoperability of network and information systems which are used to provide or manage public services is also important to reach the public sector related targets set out in the Commission Communication ‘2030 Digital Compass: the European way for the Digital Decade’ ²¹ . While public services delivered 100% online could potentially also be achieved with non-interoperable solutions, the use of interoperable solutions will help public administrations to achieve the target more effectively and efficiently. The same is true for the sectorial targets, for example in the domain of health. The data collected under this Regulation can also contribute to relevant monitoring.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The legal basis for this proposal is Article 172 of the Treaty on the Functioning of the European Union (TFEU).

In accordance with Article 170 TFEU, to help achieve the objectives referred to in Articles 26 and 174 TFEU, and to enable people in the EU, economic operators and regional and local communities to derive the full benefits of the setting-up of an area without internal borders, the EU should help to create and develop trans-European networks, notably in the area of telecommunications. Within the framework of a system of open and competitive markets, action by the European Union will aim to support and encourage the interconnection and cross-border interoperability of national networks and improve access to such networks.

Pursuant to Article 171(1) TFEU, the Union shall establish guidelines, identify projects of common interest, and implement any measures necessary to ensure the interoperability of the trans-European networks. Pursuant to Article 171(2) ‘Member States shall, in liaison with the Commission, coordinate among themselves the policies pursued at national level which may have a significant impact’ on the objective of the establishment of trans-European networks, and the Commission ‘may, in close cooperation with the Member States, take any useful initiative to promote such coordination’.

This proposal intends to develop a coherent, human-centric approach to cross-border interoperability of network and information systems which are used to provide or manage public services from policymaking to policy implementation, accompanied by a clear governance to streamline shared interoperability frameworks, solutions, guidelines and specifications in the context of provision of digital public services across EU borders.

EU action to improve public sector interoperability – by setting up a governance structure to steer the development of cross-border interoperability of network and information systems used to provide or manage public services in the EU public sector – would help to further integrate the single market, as it removes obstacles to the circulation of information within the EU and fosters economic, social and territorial cohesion. TFEU gives the EU the competence to lay down appropriate provisions to establish and develop trans-European networks in the areas of telecommunications infrastructures (Article 170 TFEU) for this purpose.

Since 1994, the EU has used this legal base and its predecessor to create funding programmes to support the development and dissemination of interoperability solutions for public administrations and businesses and setting up cross-border digital services infrastructures ²² . It has been confirmed by the Court of Justice of the European Union that the EU measures contributing to the ‘telematic interchange of data between administrations in the Community (IDA)’ fell within the ambit of the trans-European networks for telecommunication under Article 129 of the EC Treaty ²³ .

Article 172 is therefore the appropriate legal basis for the EU action to promote cross-border interoperability of network and information systems.

In order to help set up and develop the trans-European networks in relation to the digital public services provided by public sector bodies, a new system of coordination at EU level with clear roles and mandates has to be created.

• Subsidiarity (for non-exclusive competence)

According to the principle of subsidiarity laid down in Article 5(3) of the TEU, action at EU level should be taken only when the aims envisaged cannot be achieved sufficiently by Member States alone and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the EU. Furthermore, there is a need to match the nature and intensity of a given measure to the problem identified.

Measures supporting cross-border public sector interoperability across the EU cannot be achieved by a Member State acting alone and require coordination at EU level. The development of EU-wide structured cooperation to support public sector interoperability is by its nature a task to be undertaken at EU level.

• Proportionality

In accordance with the principle of proportionality set out in Article 5 i of the Treaty on European Union, the measures in this proposal do not go beyond what is necessary in order to achieve the objectives of the Treaties (developing and completing the Digital Single Market). The proposal addresses the existing barriers to interoperable public services in the EU. It sets out a legal framework for sharing and reusing open recommended interoperability solutions and government technology (‘GovTech’) in general to better support the interconnection of the relevant infrastructures. The proposal also sets out a framework for cooperation which enables the relevant public entities and the different sectors to coordinate their actions at EU level. It builds on existing solutions that were developed and partly implemented in different public entities and sectors in recent years, such as the EIF.

In the shorter term, this proposal will lead to costs to be borne by the Commission in setting up the mechanism for structured cooperation among administrations in the EU and the Member States. In the longer term, the Commission will incur costs for facilitating interoperability governance and developing guidance and common solutions. Member States will incur costs as well, related to developing and implementing common interoperability solutions, based on the guidance and tools facilitated by cooperation mechanism. These costs would be offset over the longer term by the benefits generated through the improved cooperation and the development, implementation and reuse of common interoperability measures for public services, thus reducing duplication of effort and unnecessary burdens.

In order to minimise the burden around regulatory reporting, the monitoring will build as much as possible on existing data reporting channels and infrastructure, and on automated data retrieval.

As to businesses and members of the public, the proposal is likely to lead to a reduction in the costs of interacting with public administrations as well as in the costs of doing business in the EU.
The impact assessment compares three options, in addition to the baseline of not acting.

1. As to businesses and members of the public, the proposal is likely to lead to a reduction in the costs of interacting with public administrations as well as in the costs of doing business in the EU.

• Choice of the instrument

A Regulation is considered to be the most appropriate legal instrument to set out a framework for public sector cross-border interoperability in the EU. The direct applicability of a Regulation in accordance with Article 288 TFEU will provide greater legal certainty by introducing a harmonised set of core rules, contributing to the functioning of the Single Market. The Regulation will also create a structured cooperation mechanism.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

The impact assessment accompanying this proposal draws on – among others – the evaluation of the European Interoperability Framework (EIF) ²⁴ , conducted back-to-back and published with this proposal. The evaluation’s key finding is that cross-border interoperability can be achieved more efficiently and effectively with EU measures than with national or sub-national action alone. Some EIF recommendations are already conceptually implemented in Member States. The costs of drawing up national interoperability frameworks aligned with the EIF were expected to be relatively low. However, the current EIF does not sufficiently support the practical implementation of interoperable European digital public services. A new mechanism is needed to make it more actionable. The impact assessment particularly highlights the need for: (i) improved governance of interoperability in the EU; (ii) more common, potentially binding rules; and (iii) more alignment of, in particular, EU policies and EU funding programmes with the EIF.

• Stakeholder consultations

The consultation process and its main conclusions on which this proposal is based, are summarised in Annex 2 of the impact assessment accompanying the proposal for an Interoperable Europe Act. Consultation activities included an open public and targeted online consultation, workshops with various categories of relevant stakeholders, and expert groups set up by the Commission.

Respondents considered the precise objectives outlined in the impact assessment to be meaningful for the most part, specifying that many of these objectives are interconnected and cannot be accomplished individually.

Stakeholders identified several additional goals, such as: (i) developing and promoting particular standards and guidelines that could steer public administrations towards interoperability-by-design; (ii) moving towards proactive and self-sovereign services; (iii) increasing transparency by applying the ‘once-only’ principle; (iv) a framework that centralises users’ information; and (v) highlighting the value of interoperability for civil rights, digital involvement for all, diversity and democratising public knowledge.

The majority of stakeholders explicitly mentioned the need for agreed and open standards and specifications. Some of them additionally emphasised the need for more coordinated involvement of the public sector in standardisation organisations. Most stakeholders had similar views on incentivising the sharing of design costs around user-friendly, trusted and secure solutions (including between public and private stakeholders) and on fostering an EU-wide sharing and reuse of mature, reusable, open source interoperable solutions for public administrations. They also mentioned that such solutions should be accompanied by clear guidance on the use of open standards and open source (including clear definitions), and that it is necessary to cover technical assistance at all levels (including relevant training resources).

In addition, stakeholders called for interoperability policy to be made more practical and consistent with other EU policies by bringing forward the idea of reference implementations. These implementations accompany policy proposals with non-binding ‘gold standards’ on how interoperable implementation across administrative level could work and show how the proposals can be implemented.

• Collection and use of expertise

The proposal was co-designed with the Expert Group on interoperability of European public services. As part of this process the Expert Group issued policy recommendations for the next European interoperability policy in October 2021 ²⁵ .

Several studies were carried out to support the work on the initiative. These included the:

• Study supporting the evaluation of the implementation of the EIF ²⁶ ;

• Study supporting the final evaluation of the programme on interoperability solutions for European public administrations, businesses and citizens (ISA2) ²⁷ ;

• JRC Technical Report – Quantifying the Benefits of Location Interoperability in the European Union ²⁸ .

• Impact assessment

The Impact Assessment accompanying this proposal was examined by the Regulatory Scrutiny Board on 19 January 2022. The Board gave a positive opinion with reservations. The comments were addressed by the Commission in the final version of the Impact Assessment (details are provided in its Annex 1).

2. The impact assessment compares three options, in addition to the baseline of not acting.

Option 1 seeks gradual continuous development of the EIF.

Option 2 maintains the current voluntary framework. It proposes legislative action that concentrates on constructing a structural cooperation mechanism with a flexible mandate to ensure continuous development and maintenance of agreed common interoperability solutions, as well as to determine common experimentation and focused policy support initiatives.

Similar to option 2, option 3 proposes legislative action, but the action proposed is more far-reaching. It focuses on enshrining directly applicable European interoperability minimum requirements in law, which would be revised by implementing decisions.

According to the assessment of expected impacts, option 1 and the baseline will not effectively address the shortcomings revealed by the EIF evaluation. Due to insufficient cooperation incentives, both will not fulfil the political and operational expectations of the stakeholders, especially the Member States. Option 3 is equally less likely to garner political support, due to its broad scope and high level of sensitivity to subsidiarity (e.g., as regards EU and Member States legacy systems). Although enshrining directly applicable minimum interoperability requirements into EU law is expected to be efficient, it will be a lengthy procedure, and will require significant implementation costs and efforts. Therefore, it is presumed to be less impactful in guaranteeing a flexible and responsive reaction to rapidly changing technological and policy requirements.

The impact assessment identified option 2 as the preferred scenario. The decision to create a structured cooperation mechanism is expected to provide Member States the stability and (legal) predictability they need, while also allowing for the required flexibility to continue developing shared interoperability solutions in response to changing policy needs. Option 2 also focuses on developing participatory processes. These processes are more relevant to accelerated technological progress. They are also less intrusive with regard to the impact on legacy systems, as they do not directly specify (minimum) compatibility requirements in law (as option 3 would). To date, option 3 is less likely to gain political support, due to its broad scope and high level of sensitivity to subsidiarity (notably as regards EU and Member States legacy systems). Therefore, option 2 is presumed to be less impactful in guaranteeing a flexible and responsive reaction to rapidly changing technological and policy requirements. Option 2 can also gradually lead to option 3 over time.

A unified EU cross-border interoperability governance is envisaged to foster bottom-up collaboration and top-down ownership among key stakeholders in Member States, resulting in a shared interoperability ecosystem. This facilitates early-stage engagement in policy design and identification of (co-)investment needs and improves policy implementation. For these reasons, option 2 is not a threat but an enabler for subsidiarity, reinforcing resilience of public administrations and digital sovereignty.

Finally, the measures proposed in option 2 are likely to have limited but positive impacts on the achievement of EU climate and energy goals. Greater cross-border interoperability could save the burden by, for example, facilitating carbon emissions reporting, reducing paper usage, and limiting physical travel required from users of public services when completing administrative procedures.

• Regulatory fitness and simplification

The policy measures proposed under the preferred option address the objectives of simplification and a reduced administrative burden, in line with the Commission’s regulatory fitness and performance programme (REFIT) ²⁹ . Its potential for reducing the administrative burden in the policy field has been recognised by the Fit for Future Platform, which has included it in its annual work programme for 2022 ³⁰ .

The purpose of this initiative is to reduce administrative burden not only in the policy field but also across sectors and administrative levels. Through enhanced interoperability, it aims to reduce administrative and compliance costs for public administrations. Members of the public will benefit from the reduced administrative burden, and they will be able to fully rely on digital public services and the facility to securely exchange data with the same legal value cross border. Businesses – especially small and medium-sized enterprises (SMEs) – will also benefit from savings in compliance costs.

• Fundamental rights

This proposal respects fundamental rights and observes the principles recognised in particular by the Charter of the Fundamental Rights of the European Union (CFR) ³¹ .

The proposal is particularly relevant for the right to good administration, as defined in Article 41 CFR. This article declares that good administration is a fundamental right by proclaiming that every individual has the right to have their affairs managed in a certain way by the EU’s institutions and bodies or by Member States that apply EU law. The right to good administration emphasises the importance of transparency in an increasingly digital age. Initiatives to support the digitalisation of public services can be regarded as facilitators of the right to good administration, as they have the ability to facilitate essential considerations of good administration, such as neutrality, impartiality, and a predictive capacity to resolve various matters ³² . No further action on the EIF and related principles could entail negative consequences, such as for Article 8 CFR, the right to protection of personal data, or as for Article 22, CFR, the right to linguistic diversity. Where personal data are processed in regulatory sandboxes, the proposal includes appropriate data protection safeguards to ensure the rights of data subjects are protected.

In terms of the right to freely move within the EU, research on SMEs demonstrates that non-interoperable administrative procedures undermine European SMEs’ ability to do business in other EU countries, as well as to function flexibly and unreservedly in the Single Market ³³ .

4. BUDGETARY IMPLICATIONS

This proposal sets out a number of obligations for the Commission, in particular, to create the mechanism for structured cooperation among administrations in the EU and the Member States, to support this interoperability governance and to develop guidance and common solutions. In its 2021 and 2022 work programmes, the Digital Europe programme has already been supporting the related Commission activities with an initial contribution of almost EUR 50 million.

The Regulation establishes an instrument for the coordination of public investments in interoperability solutions: the Interoperable Europe Agenda. It should deliver a comprehensive overview of funding possibilities and funding commitments in the field, integrating where appropriate the related Union programmes, such as the Digital Europe programme, the European Regional Development Fund, the Recovery and resilience facilities, the Technical Support Instrument, the Horizon Europe programme and other programmes.

Fulfilling the Commission’s obligations set out in this legal proposal will require around EUR 130 million between 2023 and 2027 and will be funded directly from the Digital Europe programme. The contributions from the Digital Europe programme as of 2023 are subject to the availability of the appropriations provided for in the draft general budget of the Union, following the adoption of that budget by the budgetary authority, and will be considered in the context of the preparation of the respective work programmes. Ultimate allocations will be subject to the prioritisation for funding in the context of the underpinning adoption procedure and agreement of the respective Programme Committee. The Commission’s administrative costs are estimated at approximately EUR 2.822 million, including costs for human resources and other administrative expenditure.

The legislative financial statement attached to this proposal sets out the budgetary, human and administrative resource implications.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

Once adopted, the impacts of the Regulation will be monitored and evaluated in accordance with the Better Regulation Guidelines. The indicators will build as much as possible on existing monitoring data and prefer automated data retrieval over questionnaires. Monitoring data and evaluation reports will be publicly available and will provide details on the effective application and enforcement of this Regulation.

As many stakeholders suggested to introduce even stronger measures, the question of further strengthening the policy will be addressed in future evaluations.

• Detailed explanation of the specific provisions of the proposal

Chapter 1 (General provisions) lays out the subject matter of the Regulation, namely to establish a European network for cross-border interoperability of network and information systems which are used to provide or manage public services in the Union and to support interlinkages between existing national public services. It also sets out the definitions used across the various instruments. To foster a coherent EU approach to cross-border interoperability and to support the three main pillars of the proposal (interoperability solutions, policy implementation support projects and governance framework) the Chapter sets out two general obligations for public sector bodies: to perform interoperability assessments and to support the sharing of interoperability solutions within the public sector. (Articles 1-4)

Chapter 2 (Interoperability solutions) regulates the establishment of interoperability solutions by reference to: (1) The European Interoperability Framework (EIF) and its specialised interoperability frameworks, (2) Interoperable Europe specifications and applications that are recommended by the Interoperable Europe Board. Their use across sectors and administrative levels, while not being mandatory, is promoted through the mechanisms set out in Chapter 1 and Chapter 3. (Articles 5-8)

Chapter 3 (Support measures) sets out measures designed to support public sector bodies in the implementation of the Regulation. The rules governing policy implementation support set out a process on how EU-wide policy projects carried out under the Regulation can support interoperable and digital EU policy implementation across the EU public sector. This chapter also sets out innovation measures to promote the development and uptake of innovative interoperability solutions in cross-border contexts. To support testing environments for innovative interoperability solutions, the Commission can authorise the set-up of regulatory sandboxes. The sandboxes should not only contribute to new technological solutions but also to regulatory learning. A peer-review system and provisions on training enhance two further important interoperability enablers: skills and knowledge exchange. (Articles 9-14)

Chapter 4 (Governance) sets out a multi-level governance framework. In the ‘Interoperable Europe Board’, Member States and representatives from the Commission, the Committee of the Regions and the European Economic and Social Committee set the strategic goals and agree on concrete measures that can ensure the cross-border interoperability of their network and information system providing or managing digital public services. The Board is supported by a community (the ‘Interoperable Europe Community’) that will enable the involvement of a broader set of stakeholders and that is involved in the operational tasks linked to the implementation of the Regulation. (Articles 15-18)

Chapter 5 (Planning, monitoring and evaluation) sets out an integrated planning mechanism (the ‘Interoperable Europe Agenda’). While the Regulation does not envisage a funding mechanism, it establishes a new dimension of planning across different EU funding programmes and relevant national initiatives to increase synergies of digitalisation measures in the public sector. The Chapter further sets out the rules on monitoring and evaluation. (Article 19-20)

Chapter 6 (Final provisions) sets out the costs connected to this proposal and the date of its entry into force. (Articles 21-22)

Please note

Contents

1.

As to businesses and members of the public, the proposal is likely to lead to a reduction in the costs of interacting with public administrations as well as in the costs of doing business in the EU.

2.

The impact assessment compares three options, in addition to the baseline of not acting.