2009/0089(COD)

Area of freedom, security and justice: Agency for the operational management of large-scale IT systems

Procedure completed

2009/0089(COD) Area of freedom, security and justice: Agency for the operational management of large-scale IT systems
RoleCommitteeRapporteurShadows
Opinion BUDG HAUG Jutta (S&D)
Opinion CONT MARINESCU Marian-Jean (EPP)
Lead LIBE COELHO Carlos (EPP) GUILLAUME Sylvie (S&D), ALVARO Alexander (ALDE), ERNST Cornelia (GUE/NGL)
Lead committee dossier: LIBE/7/00013
Legal Basis TFEU TFEU 077-p1, TFEU TFEU 078-p2
Subjects
Links

Activites

  • 2011/11/01 Final act published in Official Journal
  • 2011/10/25 Final act signed
  • 2011/10/25 End of procedure in Parliament
  • 2011/09/12 Act adopted by Council after Parliament's 1st reading
  • #3109
  • 2011/09/12 Council Meeting
  • 2011/07/15 CSL Final Agreement
  • 2011/07/05 Text adopted by Parliament, 1st reading/single reading
    • T7-0304/2011 summary
    • Results of vote in Parliament
  • 2011/07/05 Commission response to text adopted in plenary
    • SP(2011)8072/2
    • DG Justice, MALMSTRÖM Cecilia
  • 2011/07/04 Debate in Parliament
  • 2011/06/21 Committee report tabled for plenary, 1st reading/single reading
  • 2011/06/15 Vote in committee, 1st reading/single reading
  • #3096
  • 2011/06/09 Council Meeting
  • #3081
  • 2011/04/11 Council Meeting
  • 2010/07/14 Deadline Amendments
  • 2010/06/09 Committee draft report
  • 2010/03/19 Legislative proposal
    • COM(2010)0093 summary
    • DG Justice, MALMSTRÖM Cecilia
  • #2979
  • 2009/11/30 Council Meeting
  • 2009/07/14 Committee referral announced in Parliament, 1st reading/single reading
  • 2009/06/24 EP officialisation
  • 2009/06/24 Initial legislative proposal
    • COM(2009)0293 summary
    • COM(2009)0292 summary
    • SEC(2009)0837
    • DG Justice, MALMSTRÖM Cecilia

Documents

AmendmentsDossier
150 2009/0089(COD) Area of freedom, security and justice: Agency for the operational management of large-scale IT systems
2010/05/10 CONT 25 amendments...
source: PE-440.188
2010/06/03 BUDG 24 amendments...
source: PE-442.912
2010/06/09 LIBE, LIBE 40 amendments...
source: PE-440.994
2010/06/24 BUDG 14 amendments...
source: PE-443.131
2010/07/22 LIBE 41 amendments...
source: PE-445.796
2010/10/06 CONT 6 amendments...
source: PE-442.958

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
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    • In the margins of the Council, the Mixed Committee (the EU plus Norway, Iceland, Liechtenstein and Switzerland) held an orientation debate on the possibility of setting up an agency for large-scale IT systems in the area of freedom, security and justice.

      An agency for large-scale IT systems would be responsible for the operational management of VIS, SIS II and EURODAC, the IT system for comparing the fingerprints of asylum seekers and illegal immigrants, in order to facilitate the application of the Dublin II Regulation, which makes it possible to determine the Member State responsible for examining an asylum application. The new agency would also be charged with the operational aspects of any other large-scale IT system developed in the future in the area of freedom, security and justice.

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      • PURPOSE:  to establish a European Agency for the operational management of large-scale information technology ("IT") systems.

        PROPOSED ACT: Regulation of the European Parliament and of the Council.

        BACKGROUND:  in June 2009, the Commission adopted a legislative proposal package to establish an Agency responsible for the operational management of large-scale IT systems in the area of freedom, security and justice (for more details, please refer to the summary dated 24 June 2009).

        The legislative package initially consisted of two proposals: a proposal for a Regulation establishing the Agency, and a proposal for a Council Decision conferring upon the Agency established by this Regulation tasks regarding the operational management of SIS II and VIS in application of Title VI of the EU Treaty. The proposed Regulation covered the SIS II, VIS and EURODAC to the extent they were governed by the EC Treaty. The proposed Decision covered the SIS II and VIS to the extent they were governed by the EU Treaty.

        Upon entry into force of the Lisbon Treaty on 1 December 2009, the former distinction between EC Treaty and EU Treaty legal bases in the area of freedom, security and justice disappeared. Moreover, as notified to the European Parliament and to the Council by the Communication in December 2009, the proposal for a Council Decision lapsed and was formally withdrawn.

        Therefore, these two texts need to be merged into this single amended proposal for a Regulation, which takes into account the changes resulting from the entry into force of the Lisbon Treaty and which contains the substantive provisions initially proposed as a Council Decision.

        IMPACT ASSESSMENT: five possible options to achieve the objective of long-term

        operational management of SIS II, VIS and EURODAC were analysed:

        • Option 1 - baseline: the operational management solution for SIS II and VIS identified for the transitional period (the Commission entrusting the operational management tasks to Member States' authorities) would be continued as a permanent solution. Currently, EURODAC is managed by the Commission and this solution would also be maintained;
        • Option 2 - baseline+: under which the Commission would entrust the operational management tasks related to SIS II, VIS and EURODAC to Member States' authorities;
        • Option 3 - a new Regulatory Agency that would assume responsibility for the long-term operational management of SIS II, VIS and EURODAC;
        • Option 4 - FRONTEX would manage the three systems, which would entail changes to both its basic act and its management structure;
        • Option 5 - EUROPOL would manage SIS II, whereas the Commission would manage VIS and EURODAC. This option was considered while negotiations on the conversion of the current Europol Convention into a Community act were still ongoing.

        As a result of a comparative analysis, the new Regulatory Agency option, which aims to create a joint operational management structure (option 3) for SIS II, VIS and EURODAC scored highest.

        LEGAL BASIS: Articles 77(2)(a) and (b), 78(2)(e), 79(2)(c), 74, 82(1)(d) and 87(2)(a) of the Treaty on the Functioning of the EU. The proposal respects the principle of subsidiarity, as the objective of the proposed action, the conferring of the operational management of Central SIS II, Central VIS and the National Interfaces, Central EURODAC, as well as certain aspects of their communication infrastructure, on an Agency, cannot be achieved by the Member States individually.

        CONTENT: the proposal aims to establish a European Agency for the operational management of the second-generation Schengen Information System (SIS II), the Visa Information System (VIS), EURODAC and for developing and managing other large-scale IT systems, in application of Title V of the Treaty on the Functioning of the EU. The regulatory Agency shall be established as a Union body, having legal personality.

        The first tasks to be conferred on the Agency are operational, that is to say, ensuring the overall management of the information systems and the operation of the systems. It would thus become a "centre of excellence" with specialised operational staff.

        The Agency's core task will be to fulfil the operational management tasks for SIS II, VIS and EURODAC, keeping the systems functioning 24 hours a day, seven days a week, thus ensuring a continuous, uninterrupted flow of data exchange.

        Beyond these operational tasks, the corresponding responsibilities for adopting security measures, reporting, publishing, monitoring, information, organising specific VIS and SIS II related trainings, implementing pilot schemes upon specific and precise request of the Commission and monitoring of research will be assigned to the Agency.

        The Agency could also potentially be responsible for developing and managing other large-scale IT systems in the area of freedom, security and justice. This would be subject to legislative instruments establishing such systems that in turn would provide the Agency with the respective competences.

        BUDGETARY IMPLICATIONS: the Agency will be funded by the general budget of the European Union. The necessary appropriations to cover the activities of the Agency will come from the appropriations currently foreseen in the Financial Programming 2011-2013 in the budget lines:

        • 18 02 04"Schengen Information System (SIS II)";
        • 18 02 05"Visa Information System (VIS)";
        • 18 03 11"EURODAC".

        Therefore, the proposal does not impact on the financial framework for 2007-2013.

        The financial statement annexed to this proposal is based on the assumption that it will be adopted in 2010 in order for the Agency to be legally established in 2011 and become a fully fledged Agency in 2012.

        Overall, the preparatory and start-up phase of the Agency between 2010 and 2013 is estimated at EUR 113 million, which will be covered by the 2007‑2013 financial framework.

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    • The Committee discussed the state-of-play on the establishment of a European agency for the operational management of large-scale IT systems (such as the second-generation Schengen Information System (SIS II), the Visa Information System (VIS) and EURODAC.

      On this dossier, the Council aims to reach a first reading agreement with the European Parliament before the summer.

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    • With a decisive political agreement, the Council paved the way for the establishment of a European agency for the operational management of large-scale IT systems in summer 2012 on the basis of a compromise text with the European Parliament.

      The presidency can now confirm to the European Parliament that, if Parliament adopts its position at first reading, exactly as set out in the compromise text, the Council will approve Parliament's position at a future meeting.

      The aim is to have the agency up and running by summer 2012. The seat of the Agency will be in Tallinn, tasks related to development and operational management will be carried out in Strasbourg and a backup site will be established in Austria, in Sankt Johann im Pongau.

      Large-scale IT systems managed by the future agency will include the second-generation Schengen Information System (SIS II), the Visa Information System (VIS) and EURODAC. The agency will also be responsible for the management of any other IT systems which might be developed in the area of freedom, security and justice in the future. However, any integration of further systems will require a specific decision by the Council and the European Parliament.

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  • date
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    text
    • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Carlos COELHO (EPP, PT) on the amended proposal for a regulation of the European Parliament and of the Council establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice.

      The committee recommends that the European Parliament's position in first reading following the ordinary legislative procedure make certain amendments to the Commission proposal. A large number of the amendments relate to improvements in terms of security and data protection and the role of the European Parliament, as well as transparency. There are special provisions for the participation of Denmark.

      The main amendments are as follows:

      The Agency: the committee made it clear that the Agency may only be made responsible for the preparation, development and operational management of other large-scale IT systems in the area of freedom, security and justice, only if so provided by the relevant legislative instrument, based on Title V of the Treaty on the Functioning of the European Union (TFEU). Operational management shall consist of all the tasks necessary to keep the large-scale IT systems functioning in accordance with the specific provisions applicable to each of those large-scale IT systems, including responsibility for the communication infrastructure used by the large-scale IT systems. Those systems shall not exchange data and/or enable sharing of information and knowledge, unless provided in a specific legal basis.

      The report notes that in the joint statements accompanying the SIS II and VIS legal instruments, the European Parliament and the Council invited the Commission to present, following an impact assessment, the necessary legislative proposals entrusting an Agency with the long term operational management of the Central SIS II and parts of the communication infrastructure as well as the VIS.

      Objectives: the Agency shall ensure:(a)the implementation of effective, secure and continuous operation of the large-scale IT systems (b) the efficient and financially accountable management of those  systems;(c) an adequately high quality of service for users of those large-scale IT systems;(d) continuity and uninterrupted service;(e) a high level of data protection, in accordance with the applicable rules, including specific provisions for each large-scale IT system (f) an appropriate level of data- and physical security, in accordance with applicable rules, including specific provisions for each of the large-scale IT systems and; (g) the use of an adequate project management structure for efficiently developing large-scale IT systems.

      Tasks: Members specify that the core mission of the Agency is to fulfil the operational management tasks for SIS II, VIS and EURODAC and, if so decided, other large-scale IT-systems in the area of freedom, security and justice. The Agency should also be responsible for technical measures required by the tasks entrusted to it, which are not of a normative nature. These responsibilities should be without prejudice to the normative tasks reserved to the Commission alone or assisted by a Committee in the respective legal instruments governing the systems operationally managed by the Agency. In addition, the Agency should perform tasks related to training on the technical use of SIS II, VIS and EURODAC and other large-scale IT systems which might be entrusted to it in the future.

      Members stress that the Agency might also be made responsible for the preparation, development and operational management of additional large-scale IT systems in application of Title V of the TFEU, but only by means of subsequent and separate legal instruments, preceded by an impact assessment.

      A new clause is inserted on tasks related to the communication infrastructure, which specifies that the Agency shall carry out the tasks relating to the communication infrastructure conferred on the Management Authority by the legal instruments governing the development, establishment, operation and use of the large scale IT systems.

      According to those legal instruments, the tasks regarding the communication infrastructure (including the operational management and security) are divided between the Agency and the Commission. In order to ensure coherence between the exercise of the respective responsibilities of the Commission and the Agency, operational working arrangements shall be made between them and reflected in a Memorandum of Understanding. Appropriate measures including security plans shall be adopted. The tasks concerning the operational management of the communication infrastructure may be entrusted to external private-sector entities or bodies but the network provider shall be bound by the security measures and shall not have access to VIS, EURODAC and SIS II operational data and the related SIRENE exchange by any means.

      Lastly, the Agency should be responsible for monitoring of research and for pilot schemes, in accordance with the provisions of Council Regulation (EC, Euratom) No 1605/2002 on the Financial, for large-scale IT systems in application of Title V of the TFEU, at the specific and precise request of the Commission. When tasked with a pilot scheme, special attention should be given to the European Union Information Management Strategy.

      Seat: the seat of the Agency for the operational management of large-scale IT systems in the area of freedom, security and justice will be Tallinn, Estonia. The tasks related to development and operational shall be carried out in Strasbourg, France. A backup site capable of ensuring the operation of a large scale IT system in the event of failure of that system shall be installed in Sankt Johann im Pongau, Austria, if so provided in the legislative instrument governing the development, establishment and use of that system.

      The recitals note that as was agreed, the seat of the Agency should be in Tallinn (Estonia). However, since the tasks related to technical development and the preparation for the operational management of SIS II and VIS were already carried out in Strasbourg (France) and a backup site for these IT systems was already installed in Sankt Johann im Pongau (Austria), this should continue to be the case. These two sites should also be the locations, respectively, where the tasks related to technical development and operational management of EURODAC should be carried out and where a backup site for EURODAC should be established. This should also be the case regarding, respectively, the technical development and operational management of other large-scale IT systems in the area of freedom, security and justice and a backup site capable of ensuring the operation of an IT system in the event of failure of that system, if so provided in the relevant legislative instrument.

      Structure:  the Agency's structure shall also include: (a) a Data Protection Officer; (b) a Security Officer;(c) an Accounting Officer.

      Management Board: the list of members of the Management Board shall be published on the Agency's internet site.

      Appointment of the Executive Director: the latter will be appointed for a period of five years from among the eligible candidates identified in an open competition organised by the Commission. This selection procedure will provide for publication in the Official Journal and elsewhere of a call for expressions of interest. The Management Board could require a repeated procedure if it is not satisfied with the suitability of any of the candidates retained in the first list. The Executive Director shall be appointed on the basis of his or her personal merits, experience in the field of large scale IT systems and administrative, financial and management skills as well as knowledge in data protection. The Management Board shall take the decision by a two-thirds majority of all members with a right to vote.

      Advisory Group: Member States should appoint a Member to the Advisory Group concerning a large-scale IT system, if they are bound under Union law by any legislative instrument governing the development, establishment, operation and use of that particular system. Each country associated with the implementation, application and development of the Schengen acquis, the EURODAC-related measures and the measures related to other large scale IT systems which participates in a particular system shall appoint a member to the Advisory Group which concerns that system.

      Access to documents:on the basis of a proposal by the Executive Director, and not later than six months after the entry into force of the Regulation, the Management Board shall adopt rules concerning access to the Agency's documents, in accordance with Regulation (EC) No 1049/2001.

      Security of the Agency: this new provision states that the Agency shall be responsible for the security and the preservation of order within the buildings, premises and land used by it. The Agency shall apply the security principles and relevant provisions of the instruments governing the development, establishment, use and operation of the large-scale IT-systems. Furthermore, the host Member States shall take all effective and adequate measures to preserve order and security in the immediate vicinity of the buildings, premises and land used by the Agency and shall provide to the Agency the appropriate protection.

      Evaluation: within three years from the date of the Agency having taken up its responsibilities, and every four years thereafter, the Commission, shall perform an evaluation of the action of the Agency examining the way and extent to which the Agency effectively contributes to the operational management of large-scale IT systems in the area of freedom, security and justice and fulfils its tasks described in the regulation. The evaluation should also evaluate the role of the Agency in the context of a Union strategy aimed at a coordinated, cost-effective and coherent IT environment at Union level that is to be established in the coming years. The Commission's recommendations following the evaluation must be forwarded to the European Data Protection Supervisor as well as the Council and the European Parliament.

      Fundamental rights: lastly, the text states that within the framework of their respective competences, the Agency should cooperate with other agencies of the EU, especially agencies established in the area of freedom, security and justice, and in particular the European Union Agency for Fundamental Rights. It should also consult and follow-up the recommendations of European Network and Information Security Agency regarding network security, where appropriate.

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    • PURPOSE: to establish a European agency for the operational management of large-scale IT systems in the area of freedom, security and justice (the Agency).

      LEGISLATIVE ACT: Regulation (EU) No 1077/2011 of the European Parliament and of the Council establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice.

      CONTENT: on the basis of a text agreed with the European Parliament, the Council adopted this Regulation establishing a European agency for the operational management of large-scale EU information technology systems. The Agency shall be responsible for the operational management of the second-generation Schengen Information System (SIS IIRegulation (EC) No 1987/2006 and Council Decision 2007/533/JHA), the Visa Information System (VIS - Regulation (EC) No 767/2008) and Eurodac – CNS/1999/0116) . It will also be responsible for the management of any other IT systems, which might be developed in the area of freedom, security and justice in the future. However, any integration of further systems will require a specific decision by the Council and the European Parliament.

      Current EU information systems:

      ·         SIS II is currently under construction and was launched to replace the existing Schengen Information System (SIS I+). The global schedule presented by the Commission at the Council meeting in October 2010 provides for entry into operation of the SIS II by the first quarter of 2013. The Schengen Information System is a common database with stringent data protection rules that facilitates the exchange of information on persons and objects between national law enforcement authorities responsible, inter alia, for border controls and other customs and police checks.

      ·         VIS is another database under preparation. It will support the implementation of the common visa policy and facilitate effective border control by enabling Schengen member states to enter, update and consult visa data, including biometric data, electronically. For the VIS to go live, the central VIS, managed by the Commission, the national VIS of each individual Member State as well as preparations at the external border crossing points and in the consulates of the first roll-out region (North Africa) must be ready. The central VIS is expected to be ready by the end of June 2011. The whole system should start operating in the autumn 2011.

      ·         EURODAC is an existing IT system - currently managed by the European Commission - for comparing the fingerprints of asylum seekers and illegal immigrants, in order to facilitate the application of the Dublin II Regulation, which makes it possible to determine the Member State responsible for examining an asylum application (the country through which the asylum seeker first entered the EU).

      Operational management, for which the Agency is responsible, shall consist of all the tasks necessary to keep large-scale IT systems functioning in accordance with the specific provisions applicable to each of them, including responsibility for the communication infrastructure used by them. Those large-scale IT systems shall not exchange data or enable sharing of information or knowledge, unless so provided in a specific legal basis.

      Objectives: the Agency shall ensure:

      ·        effective, secure and continuous operation of large-scale IT systems;

      ·        the efficient and financially accountable management of large-scale IT systems;

      ·        an adequately high quality of service for users of large-scale IT systems;

      ·        continuity and uninterrupted service;

      ·        a high level of data protection, in accordance with the applicable rules, including specific provisions for each large-scale IT system;

      ·        an appropriate level of data and physical security, in accordance with the applicable rules, including specific provisions for each large-scale IT system; and

      ·        the use of an adequate project management structure for efficiently developing large-scale IT systems.

      Tasks: the Regulation sets out the tasks specific to SIS II, VIS and Eurodac, as well as the tasks relating to the communications infrastructure. In addition, the Agency should perform tasks relating to training on the technical use of SIS II, VIS and Eurodac and other large-scale IT systems which might be entrusted to it in the future.

      Moreover and only upon the specific and precise request of the Commission, which shall have informed the European Parliament and the Council at least 3 months in advance, and after a decision by the Management Board, the Agency may carry out pilot schemes for the development or the operational management of large-scale IT systems, in the application of Articles 67 to 89 TFEU. The Agency shall on a regular basis keep the European Parliament, the Council and, where data protection issues are concerned, the European Data Protection Supervisor, informed of the evolution of the pilot schemes.

      Seat: the seat of the Agency will be in Tallin, Estonia. The tasks related to development and operational management will be carried out in Strasbourg, France. A backup site will be installed in Sankt Johann im Pongau, Austria. 

      Structure: the Agency’s administrative and management structure shall comprise: (a) a Management Board; (b) an Executive Director; (c) Advisory Groups. The Regulation sets out the tasks of each of these. The structure must include a Data Protection Officer, a Security Officer; and an Accounting Officer.

      Each Member State which is bound under Union law by any legislative instrument governing the development, establishment, operation and use of a particular large-scale IT system, as well as the Commission, shall appoint one member to the Advisory Group relating to that large-scale IT system, for a three-year term, which may be renewed. As regards Denmark, it shall also appoint a member to an Advisory Group relating to a large-scale IT system, if it decides to implement the legislative instrument governing the development, establishment, operation and use of that particular large-scale IT system in its national law.

      Access to data: on the basis of a proposal by the Executive Director, and not later than 6 months after 1 December 2012, the Management Board shall adopt rules concerning access to the Agency’s documents, in accordance with Regulation (EC) No 1049/2001.

      Evaluation: within 3 years from 1 December 2012, and every 4 years thereafter,

      Budget: the revenue of the Agency shall consist of: (a) a subsidy from the Union; (b) a contribution from the countries associated with the implementation, application and development of the Schengen acquis and Eurodac-related measures; (c) any financial contribution from the Member States.

      ENTRY INTO FORCE: 21/11/2011. The Agency shall take up part of its responsibilities from 1 December 2012.

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© European Union, 2011 – Source: European Parliament