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(1) It is necessary to strengthen the development of the cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, in order to allow public administrations in the Union to cooperate and make public services function across borders. The existing informal cooperation should be replaced by a clear legal framework to enable interoperability across different administrative levels and sectors and to facilitate seamless cross-border data flows for truly European digital services that strengthen the internal market while respecting the principle of subsidiarity. Public sector interoperability has an important impact on the right to free movement of goods, persons, services and capital laid down in the Treaties, as burdensome administrative procedures can create significant obstacles, especially for small and medium-sized enterprises (SMEs).

(2) Cooperation with regard to cross-border interoperability between public sector bodies can address common challenges, in particular in the border regions, and can ensure seamless cross-border data flows.

(3) The Union and Member States have been working for more than two decades to support the modernisation of public administrations through digital transformation and to foster the deep interconnections needed for a truly European digital space. In its communication of 9 March 2021 entitled ‘2030 Digital Compass: the European way for the Digital Decade’, the Commission underlined the need to speed up the digitalisation of public services by 2030, including by ensuring interoperability across all levels of administration and across public services. Moreover, Decision (EU) 2022/2481 of the European Parliament and of the Council sets a clear target of 100 % online accessible provision of key public services by 2030. Furthermore, the COVID-19 pandemic increased the speed of digitalisation, pushing public administrations to adapt to the online paradigm, including for cross-border digital public services, as well as for the smarter and greener use of technologies in accordance with the climate and energy targets set in the European Green Deal and in Regulation (EU) 2021/1119 of the European Parliament and of the Council . This Regulation aims to significantly contribute to those Union objectives by creating a structured cooperation framework on cross-border interoperability among Member States and between the Commission and Member States to support the setup of digital public services, helping to reduce costs and save time for citizens, businesses and the public sector.

(4) In the pursuit of enhancing cross-border interoperability in the Union, it is imperative to underscore that interoperability, while of the utmost importance, does not ensure, in isolation, the accessibility and seamlessness of trans-European digital public services. A comprehensive and sustainable ecosystem of digital infrastructures, with adequate financial support, is equally important to achieving the objectives set out in Decision (EU) 2022/2481. In line with the communication of the Commission of 30 June 2021 entitled ‘A long-term Vision for the EU’s Rural Areas – Towards stronger, connected, resilient and prosperous rural areas by 2040’, particular attention should be paid to extending connectivity to rural and remote areas within the Union, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps such as islands, cross-border and mountain regions, ensuring that the benefits of digital transformation align with and support established Union initiatives for enhanced regional inclusivity and connectivity.

(5) The development of cross-border interoperability for trans-European digital public services set out in this Regulation should take into account legal interoperability. As a catalyst for the development of organisational, semantic and technical interoperability, legal interoperability facilitates reaping the benefits of cross-border interoperability generally, including swift access for citizens and businesses to information, faster procedures and services and the reduction of administrative obstacles. Furthermore, as the language barrier is one of the obstacles to interoperability, to the reuse of solutions and to the establishment of cross border services, semantic interoperability is key to facilitating effective communication in diverse multi-linguistic environments, including at regional and local level.

(6) Trans-European digital public services are digital services provided by Union entities or public sector bodies to one another or to natural or legal persons in the Union, and requiring interaction across Member State borders, among Union entities or between Union entities and public sector bodies, by means of their network and information systems. Trans-European digital public services should include, inter alia, the key public services as defined in Decision (EU) 2022/2481, covering essential services that are relevant for major life events for natural persons, such as finding a job or studies, and for legal persons in their professional life-cycle. Key public services with trans-European relevance are intended to give rise to major benefits for citizens where they become interoperable across borders. Examples of trans-European digital public services are services that, by means of cross-border exchanges of data, allow for the mutual recognition of academic diplomas or professional qualifications, exchanges of vehicle data for road safety, access to social security and health data, including pandemic and vaccination certificates, access to single window systems, the exchange of information related to taxation, customs, public tender accreditation, digital driving licenses or commercial registers, and in general all those services that implement the ‘once-only’ principle to access and exchange cross-border data.

(7) Without prejudice to the competence of the Member States to define what constitutes public services, Union entities and public sector bodies are encouraged to reflect on user needs and accessibility in the design and development of such services, in line with the European Declaration of 15 December 2022 on Digital Rights and Principles for the Digital Decade . Also, Union entities and public sector bodies are encouraged to ensure that people with disabilities, older people and other vulnerable groups are able to use public services at service levels comparable to those provided to other citizens.

(8) A new governance structure, with the Interoperable Europe Board (the ‘Board’) at its centre, should be established and should have a legal mandate to drive, together with the Commission, the further development of cross-border interoperability in the Union, including the European Interoperability Framework (EIF) and other common legal, organisational, semantic and technical interoperability solutions, such as specifications and applications. Furthermore, this Regulation should establish a clear and easily recognisable label for certain interoperability solutions (Interoperable Europe solutions). The creation of a vibrant community around open government technology solutions should be fostered.

(9) Regional and local authorities will play an active role in the development of interoperability solutions. They should also seek to involve SMEs, research and educational organisations and civil society and share the outcome of such exchanges.

(10) It is in the interests of a coherent approach to public sector interoperability in the Union and of supporting the principle of good administration and the free movement of personal and non-personal data within the Union to align the rules as far as possible for all Union entities and public sector bodies that set binding requirements for trans-European digital public services, and thus affect the ability of those entities and bodies to share data through their network and information systems. That objective includes the Commission and other Union entities, as well as public sector bodies in the Member States across all levels of administration: national, regional and local. Union entities play an important role in collecting regulatory reporting data from Member States. Therefore, the interoperability of such data should also fall within the scope of this Regulation.

(11) The fundamental right to the protection of personal data is safeguarded, in particular, by Regulations (EU) 2016/679 and (EU) 2018/1725 of the European Parliament and of the Council. Directive 2002/58/EC of the European Parliament and of the Council protects, in addition, private life and the confidentiality of communications, including by way of conditions for any personal and non-personal data storing in, and access from, terminal equipment. Those Union legislative acts provide the basis for sustainable and responsible data processing, including where datasets include a mix of personal and non-personal data. This Regulation complements and is without prejudice to Union law on the protection of personal data and privacy, in particular Regulations (EU) 2016/679 and (EU) No 2018/1725 and Directive 2002/58/EC. No provision of this Regulation should be applied or interpreted in such a way as to diminish or limit the right to the protection of personal data or the right to privacy and confidentiality of communications.

(12) Cross-border interoperability is not solely enabled by means of centralised digital infrastructures in the Member States, but also by means of a decentralised approach. This entails the need for trust between public administrations, allowing for data exchange between local administrations in different Member States without necessarily going through national nodes. Therefore, it is necessary to develop common interoperability solutions that are reusable across all administrative levels. Interoperability solutions encompass different forms ranging from higher-level tools like conceptual frameworks and guidelines to more technical solutions such as reference architectures, technical specifications or standards. Moreover, concrete services and applications, as well as documented technical components such as source code, including artefacts and artificial intelligence models can be interoperability solutions, if they address legal, organisational, semantic, or technical aspects of cross-border interoperability. Needs for cross-border digital interactions are increasing, which requires solutions that can fulfil those needs. This Regulation intends to facilitate and encourage exchanges at all levels of administration, overcoming cross-border barriers and administrative burdens, thereby increasing the efficiency of public services across the Union.