What changed between the plenary report and the adopted text

Removed:3. The national competent authorities and the interoperability coordinators shall advise local and regional authorities whether an interoperability assessment of an intended operation is required and shall provide the necessary support to carry out the interoperability assessment. The Commission shall provide technical tools to support the assessment.

Removed:4. The interoperability assessment shall contain at least:

Removed:(a) a description of the intended operation and its impacts on the cross-border interoperability of one or several network and information systems concerned, including anestimation of the complexity of the project for the adaptation of the network and information systems concerned;

Removed:(b) a description of the level of alignment of the network and information systems concerned with the European Interoperability Framework, and with the Interoperable Europe solutions, after the operation and where it has improved compared to the level of alignment before the operation;

Removed:(c) a description of the Application Programming Interfaces that enable machine-to-machine interaction with the data considered relevant for cross-border exchange with other network and information systems.

Removed:5. The public sector body, or institution, body or agency of the Union concerned shall consult recipients of the services affected or their representatives on the intended operation if it directly affects the recipients. This consultation is without prejudice to the protection of commercial or public interests or the security of such systems.

Removed:6. The Interoperable Europe Board shall adopt guidelines on the content of the interoperability assessment by … at the latest [six monthsafter the entry into force of this Regulation], including practical check lists.

Removed:Share and reuse of interoperability solutions between public sector bodies, institutions, bodies and agencies of the Union

Removed:1. A public sector body or an institution, body or agency of the Union shall make available to any other such entity that requests it, interoperability solutions that ▌include all the elements of the interoperability solution including:

Removed:(a) the list of the open standards and common technical specifications that will be used;

Removed:(b) the list of the potential re-usable solutions created, or of the use of such existing solutions;

Removed:(c) the technical documentation, version history and, where applicable, the documented source code of the intended network and information system;

Removed:This obligation to share shall not apply to any of the following interoperability solutions:

Removed:(a) thosesupport processes which fall outside the scope of the public task of the public sector bodies or institutions, bodies, or agencies of the Union concerned as defined by law or by other binding rules, or, in the absence of such rules, as defined in accordance with common administrative practice in the Member State or Union administrations in question, provided that the scope of the public tasks is transparent and subject to review;

Removed:(b) for which third parties hold intellectual property rights and do not allow sharing;

Removed:(c) access to which is excluded or restricted on grounds of:

Removed:(i) sensitive critical infrastructure protection related information as defined in Article 2, point (d) of Council Directive 2008/114/EC;

Removed:(ii) the protection of defence interests, or public security.

Removed:2. To enable the reusing entity to manage the interoperability solution autonomously, the sharing entity shall specify the guarantees that will be provided to the reusing entity in terms of cooperation, support and maintenance. Before adopting the interoperability solution, the reusing entity shall provide to the sharing entity an assessment of the solution covering its ability to manage autonomously the cybersecurity and the evolution of the reused interoperability solution.

Removed:3. The obligation in paragraph 1 of this Article may be fulfilled by publishing the relevant content on the Interoperable Europe portal or a portal, catalogue or repository connected to the Interoperable Europe portal. In that case, paragraph 2 of this Article shall not apply to the sharing entity. The publication on the Interoperable European portal shall be made by the Commission, at the request of the sharing entity.

Removed:4. A public sector body, an institution, body or agency of the Union or a third party using an interoperability solution may adapt it to its own needs. If the interoperability solution was made public as set out in paragraph 3, the adapted interoperability solution shall be made public in the same way.

Removed:5. The sharing and reusing entities may conclude an agreement on sharing the costs for future developments of the interoperability solution.

Removed:5a. Public sector bodies, institutions, bodies and agencies of the Union shall prioritise implementation of interoperability solutions that do not carry restrictive licensing terms, such as open source solutions. The Commission shall provide support in identifying, developing and deploying such solutions, as provided for in Article 9.

Removed:5b. The Interoperable Europe Board shall adopt guidelines on the sharing of interoperability solutions by … [six months after the entry into force of this Regulation], including practical check lists.

Removed:General principles

Removed:1. The Commission shall publish Interoperable Europe solutions and the European Interoperability Framework on the Interoperable Europe portal, by electronic means, in formats that are open, machine-readable, accessible, for persons with disabilities in line with Directive (EU) 2016/2102 of the European Parliament and of the Council10a and Directive (EU) 2019/882 of the European Parliament and of the Council10b findable and re-usable, if applicable, together with their documented source code and metadata. Machine translated versions of the publication, shall be made available in all the official languages of the institutions of the Union.

Removed:2. The Interoperable Europe Board shall monitor the overall coherence of the developed or recommended interoperability solutions, and propose measures to ensure, where appropriate, their compatibility with other interoperability solutions that share a common purpose, while supporting, where relevant, the complementarity with or transition to new technologies.

Removed:European Interoperability Framework and specialised interoperability frameworks

Removed:1. The Interoperable Europe Board shall develop a European Interoperability Framework (EIF) and propose to the Commission to adopt it. In the event that the Commission adopts the EIF, it shall publish the EIF, in the Official Journal of the European Union.

Removed:2. The EIF shall provide a model and a set of recommendations on legal, organisational, semantic and technical interoperability, addressed to all entities falling within the scope of this Regulation for interacting with each other through their network and information systems. The EIF shall be taken into account in the interoperability assessment in accordance with Article 3(4), point (b) and Article 3(6).

Removed:3. The Commission, after consulting the Interoperable Europe Board, may adopt other interoperability frameworks (‘specialised interoperability frameworks’) targeting the needs of specific sectors or administrative levels. The specialised interoperability frameworks shall be based on the EIF. The Interoperable Europe Board shall assess the alignment of the specialised interoperability frameworks with the EIF. The Commission shall publish the specialised interoperability frameworks on the Interoperable Europe portal.

Removed:4. Where a Member State develops a national interoperability framework and other relevant national policies, strategies or guidelines, it shall take into outmost account the EIF.

Removed:Interoperable Europe solutions

Removed:1. The Interoperable Europe Board shall recommend interoperability solutions for the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union. When an interoperability solution is recommended by the Interoperable Europe Board, it shall carry the label ‘Interoperable Europe solution’ and shall be published on the Interoperable Europe portal.

Removed:The Interoperable Europe Board may withdraw its recommendation resulting in removal of the ‘Interoperable Europe solution’ label, and its removal from the portal, if necessary.

Removed:2. In order to qualify for the label ‘Interoperable Europe solution’ a solution shall at least:

Removed:(a) be available for re-use;

Removed:(b) be aligned with open standards;

Removed:(c) be in use in at least one Member State or one Union institution;

Removed:(d) comply with the guidelines set by Interoperable Europe Board.

Removed:Interoperable Europe portal

Removed:1. The Commission shall provide a portal (‘the Interoperable Europe portal’) as a single point of entry for information related to cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union. The portal shall be easily electronically accessible to all citizens, including persons with disabilities in line with Directive (EU) 2016/2102 and Directive (EU) 2019/882 and free of charge. The portal shall have at least the following functions:

Removed:(a) access to Interoperable Europe solutions;

Removed:(b) access to other interoperability solutions not bearing the label ‘Interoperable Europe solution’ and provided for by other Union policies or fulfilling the requirements set out in Paragraph 2;

Removed:(c) access to ICT technical specifications eligible for referencing in accordance with Article 13 of Regulation (EU) No 1025/2012;

Removed:(d) access to information on processing of personal data in the context of innovationsandboxes referred to in Articles 11 and 12, if any high risks to the rights and freedoms of the data subjects, as referred to in Article 35(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council12a and in Article 39 of Regulation (EU) 2018/1725 of the European Parliament and of the Council12b, has been identified, as well as access to information on response mechanisms to promptly mitigate those risks. The published information may include a disclosure of the data protection impact assessment;

Removed:(e) fostering knowledge exchange between members of the Interoperable Europe Community, as set out in Article 16, such as providing a feedback system to express their views on measures proposed by the Interoperable Europe Board or express their interest to participate to actions related to the implementation of this Regulation;

Removed:(ea) listing best practices and knowledge sharing of technical, operational, organizational or administrative guidelines supporting interoperability and competitiveness in the context of public procurement, information security, IT integration and data management;

Removed:(f) access to interoperability-related monitoring data referred to in Article 20;

Removed:(g) allowing citizens , businesses, in particular SMEs, as well as the civil society organisations to provide feedback on the published content;

Removed:(ga) other functions proposed by the Interoperable Europe Board.

Removed:2. The Interoperable Europe Board may propose to the Commission to publish on the portal other interoperability solutions or to have them referred to on the portal. Such solutions shall:

Removed:(a) not be subject to third party rights or contain personal data or confidential information;

Removed:(b) have a high-level of alignment with the Interoperable Europe solutions which may be proven by publishing the outcome of the interoperability assessment referred to in Article 3;

Removed:(c) use a licence that allows at least for the reuse by other public sector bodies or institutions, bodies or agencies of the Union or be issued as open source. An open source licence means a licence whereby the reuse of the software is permitted for all specified uses in a unilateral declaration by the right holder, and where the source codes of the software are made available for users;

Removed:(d) be regularly maintained under the responsibility of the owner of the interoperability solution.

Removed:3. When a public sector body or an institution, body or agency of the Union provides a portal, catalogue or repository with similar functions, it shall take the necessary measures to ensure interoperability with the Interoperable Europe portal. Where such portals collect open source solutions, they shall allow for the use of the European Union Public Licence.

Removed:4. The Commission may adopt guidelines on interoperability for other portals with similar functions as referred to in paragraph 3.

Removed:Policy implementation support projects

Removed:1. The Interoperable Europe Board may propose to the Commission to set up projects to support public sector bodies in the digital implementation of Union policies ensuring the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically (‘policy implementation support project’).