Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (Text with EEA relevance)Text with EEA relevance

Published date21 November 2018
Date of Signature02 October 2018
Subject MatterMercato interno - Principi,informazione e verifiche,telecomunicazioni,Marché intérieur - Principes,informations et vérifications,télécommunications
Official Gazette PublicationOfficial Journal of the European Union, L 295, 21 November 2018
Consolidated TEXT: 32018R1724 — EN — 24.09.2023

02018R1724 — EN — 24.09.2023 — 001.001


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►B REGULATION (EU) 2018/1724 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (Text with EEA relevance) (OJ L 295 21.11.2018, p. 1)

Amended by:

Official Journal
No page date
►M1 REGULATION (EU) 2022/868 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2022 L 152 1 3.6.2022




▼B

REGULATION (EU) 2018/1724 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 2 October 2018

establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012

(Text with EEA relevance)



CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

1.

This Regulation lays down rules for:

(a)

the establishment and operation of a single digital gateway to provide citizens and businesses with easy access to high quality information, to efficient procedures and to effective assistance and problem-solving services with regard to 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;

(b)

the use of procedures by cross-border users and the implementation of the ‘once-only’ principle in connection with 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;

(c)

the reporting on obstacles in the internal market based on the collection of user feedback and statistics from the services covered by the gateway.

2.
Where this Regulation conflicts 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.
3.
This Regulation shall not affect the substance of, or the rights granted through, any procedure laid down at Union or national level in any of the areas covered by this Regulation. Furthermore, this Regulation shall not affect measures taken in accordance with Union law to safeguard cybersecurity and to prevent fraud.

Article 2

Establishment of the single digital gateway

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 managed by the Commission (‘the common user interface’), which shall be integrated into the Your Europe portal and shall give access to relevant Union and national webpages.
2.

The gateway shall give access to:

(a)

information on rights, obligations and rules laid down in Union and national law that are applicable to users exercising or intending to exercise their rights derived from Union law in the field of the internal market in the areas listed in Annex I;

(b)

information on online and offline procedures and links to online procedures, including procedures covered by Annex II, established at Union or national level in order to enable users to exercise the rights and to comply with the obligations and rules in the field of the internal market in the areas listed in Annex I;

(c)

information on, and links to, the assistance and problem-solving services listed in Annex III or referred to in Article 7 which citizens and businesses can refer to if they have questions or problems related to the rights, obligations, rules or procedures referred to in points (a) and (b) of this paragraph.

3.
The common user interface shall be accessible in all official languages of the Union.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

‘user’ means either a citizen of the Union, a natural person residing in a Member State or a legal person having its registered office in a Member State, and who accesses the information, the procedures, or the assistance or problem-solving services, referred to in Article 2(2), through the gateway;

(2)

‘cross-border user’ means a user in a situation which is not confined in all respects within a single Member State;

(3)

‘procedure’ means a sequence of actions that must be taken by users to satisfy the requirements, or to obtain from a competent authority a decision, in order to be able to exercise their rights as referred to in point (a) of Article 2(2);

(4)

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

(5)

‘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 procedural requirements referred to in point (b) of Article 2(2).

CHAPTER II

GATEWAY SERVICES

Article 4

Access to information

1.

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

(a)

information about those rights, obligations and rules referred to in point (a) of Article 2(2) that are derived from national law;

(b)

information about those procedures referred to in point (b) of Article 2(2) that are established at national level;

(c)

information about those assistance and problem-solving services referred to in point (c) of Article 2(2) that are provided at national level.

2.

The Commission shall ensure that the Your Europe portal provides users with easy, online access to the following:

(a)

information about those rights, obligations and rules referred to in point (a) of Article 2(2) that are derived from Union law;

(b)

information about those procedures referred to in point (b) of Article 2(2) that are established at Union level;

(c)

information about those assistance and problem-solving services referred to in point (c) of Article 2(2) that are provided at Union level.

Article 5

Access to information not included in Annex I

1.
The Member States and the Commission may provide links to information not listed in Annex I which is offered by competent authorities, the Commission or bodies, offices and agencies of the Union, provided that this information falls within the scope of the gateway as defined in point (a) of Article 1(1) and complies with the quality requirements laid down in Article 9.
2.
The links to the information referred to in paragraph 1 of this Article shall be provided in accordance with Article 19(2) and (3).
3.
Before activating any links, the Commission shall verify that the conditions laid down in paragraph 1 are met and consult the gateway coordination group.

Article 6

Procedures to be offered fully online

1.
Each Member State shall ensure that users can access and complete any of the procedures listed in Annex II fully online, provided that the relevant procedure has been established in the Member State concerned.
2.

The procedures referred to in paragraph 1 shall be considered to be fully online where:

(a)

the identification of users, the provision of information and supporting evidence, signature and final submission can all be carried out electronically at a distance, through a service channel which enables users to fulfil the requirements related to the procedure in a user-friendly and structured way;

(b)

users are provided with an automatic acknowledgement of receipt, unless the output of the procedure is delivered immediately;

(c)

the output of the procedure is delivered electronically, or where necessary to comply with applicable Union or national law, delivered by physical means; and

(d)

users are provided with an electronic notification of completion of the procedure.

3.
Where, in exceptional cases justified by overriding reasons of public interest in the areas of public 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 as a step in the procedure. In such 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 shall also ensure that physical presence requirements do not result in discrimination against cross-border users.
4.
Member States shall notify and explain, through a common repository accessible to the Commission and the other Member States, the grounds on which, and the circumstances in which, physical presence might be required for the procedural steps referred to in paragraph 3, and the grounds on which, and the circumstances in which, physical delivery is necessary, as referred to in point (c) of...

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