2017/0145(COD)

European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice

Provisional agreement between Parliament and Council on final act

2017/0145(COD) European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice
RoleCommitteeRapporteurShadows
Opinion BUDG GEIER Jens (S&D)
Opinion CONT
Lead LIBE MACOVEI Monica (ECR) KUDRYCKA Barbara (EPP), CHINNICI Caterina (S&D), WIKSTRÖM Cecilia (ALDE), VERGIAT Marie-Christine (GUE/NGL), ALBRECHT Jan Philipp (Verts/ALE)
Lead committee dossier: LIBE/8/10385
Legal Basis TFEU TFEU 074, TFEU TFEU 077-p2, TFEU TFEU 078-p2, TFEU TFEU 079-p2, TFEU TFEU 082-p1, TFEU TFEU 085-p1-a2, TFEU TFEU 087-p2, TFEU TFEU 88-p2
Subjects
Links

Activites

  • 2018/07/05 Decision by Parliament, 1st reading/single reading
    • T8-0310/2018 summary
  • 2017/12/18 Committee report tabled for plenary, 1st reading/single reading
    • A8-0404/2017 summary
    • BUDG GEIER Jens S&D
    • CONT
    • LIBE LIBE/8/10385 MACOVEI Monica ECR
  • #3584
  • 2017/12/08 Council Meeting
  • 2017/12/07 Committee decision to open interinstitutional negotiations with report adopted in committee
  • 2017/12/07 Vote in committee, 1st reading/single reading
  • 2017/09/11 Committee referral announced in Parliament, 1st reading/single reading
  • 2017/06/29 Legislative proposal published
    • COM(2017)0352 summary
    • DG {u'url': u'http://ec.europa.eu/info/departments/migration-and-home-affairs_en', u'title': u'Migration and Home Affairs'}, AVRAMOPOULOS Dimitris

Documents

  • Legislative proposal published: COM(2017)0352
  • Committee report tabled for plenary, 1st reading/single reading: A8-0404/2017
  • Decision by Parliament, 1st reading/single reading: T8-0310/2018

Votes

A8-0404/2017 - Monica Macovei - Am 108

2018/07/05
Position Total ALDE ECR EFDD ENF GUE/NGL NI PPE S&D Verts/ALE correctional
For 541 62 59 13 9 4 8 172 168 46 0
Against 71 0 1 19 24 16 10 0 1 0 0
Abstain 20 0 1 1 0 18 0 0 0 0 0
AmendmentsDossier
134 2017/0145(COD) European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice
2017/09/29 LIBE, LIBE 51 amendments...
source: PE-610.908
2017/10/04 LIBE, LIBE 50 amendments...
source: PE-610.908
2017/10/05 BUDG 7 amendments...
source: PE-612.072
2017/10/12 BUDG 11 amendments...
source: PE-612.147
2017/11/09 BUDG 15 amendments...
source: PE-612.072

History

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

2018-09-12
activities/2 added
date
2017-12-07
body
unknown
type
Committee decision to open interinstitutional negotiations with report adopted in committee
activities/3 added
date
2017-12-07
body
EP
type
Vote in committee, 1st reading/single reading
committees
activities/4 added
date
2017-12-08
body
CSL
type
Council Meeting
council
Justice and Home Affairs (JHA)
meeting_id
3584
activities/5 added
body
EP
docs
  • url
    http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0404&language=EN
    text
    • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Monica MACOVEI (ECR, RO) on the proposal for a regulation of the European Parliament and of the Council on the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice, and amending Regulation (EC) 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) 1077/2011.

      As a reminder, the aim of the proposal is to review eu-LISA establishing Regulation in order to adapt it to the recommendations for legislative amendments stemming from the evaluation, as well as to improve the functioning of eu-LISA and enhance and strengthen its role to ensure that its mandate meets current challenges at EU level in the area of freedom, security and justice.

      Aims: Members pointed out that the Agency shall, inter alia, ensure:

      • effective, secure and continuous operation of large-scale IT systems in order to ensure continuous improvement of data quality;
      • a high level of data protection, in line with relevant Union legislation;
      • an appropriate level of security, including the implementation of a proper information security risk management process;
      • the provision of adequate statistics to the Commission and to the relevant Union decentralised agencies.

      Interoperability: the proposal provides for the Agency to develop the necessary measures to enable interoperability of systems, subject, where appropriate, to the adoption of the relevant legislative instruments.

      Considering the risks posed to the right to privacy and the right to data protection, Members stated that interoperability cannot be implemented without a specific legal basis, comprising an impact assessment and a feasibility study. This is why they removed that provision.

      Assistance to the Member States and the Commission: any Member State may request the Agency to provide advice as regards its national systems' connection to the central systems. Any Member State may also submit a request directly to the Agency for ad-hoc support. Prior to providing such ad-hoc support, the Agency shall consult the Commission.

      Legal status and location: where a backup site is required to ensure the full functionality of the systems in the event of failure of one or more of those systems, this site shall be installed in Sankt Johann im Pongau, Austria. Members envisaged the possibility of creating new technical sites. No later than 15 months after the entry into force of the Regulation, the Commission shall assess the existing and future needs of the Agency in terms of the hosting capacity of existing sites.

      Transparency: Members proposed that the rules adopted by the Management Board on the prevention and management of conflicts of interest of its members and the annual, written statement of commitment of the Members of the Management Boards, the executive Director and the members of the Advisory Groups shall be published on the website of the Agency. Moreover, the Agency is called on to adopt internal rules on the protection of whistle-blowers.

      Management Board, the Executive Director and the Deputy Executive Director: following the organisation of an appropriate selection procedure by the Commission, and following a hearing of the proposed candidates in the competent committee of the European Parliament, the Management Board should also appoint an Executive Director. The Executive Director should be assisted by a Deputy Executive Director.

      The Executive Director and the Deputy Executive Director shall be independent in the performance of their respective duties.

      The Management Board shall evaluate the performance of the Agency. It shall also adopt internal rules to control the use and access of large-scale IT systems by Agency staff.

      The Agency shall have sufficient budgetary and staff resources at its disposal so that it does not need to outsource its tasks and duties to private companies.

      Cooperation with the Union's institutions, bodies, offices and agencies: the Agency shall cooperate with the Commission, with other Union institutions and with other Union bodies, offices and agencies in particular those established in the area of freedom, security and justice, and in particular the European Agency for Fundamental Rights, in matters covered by this Regulation, in order to achieve coordination and financial savings, to avoid duplication and to promote synergy and complementarity as regards their activities. This cooperation shall take place within the framework of practical working arrangements setting out cost recovery mechanisms.

      Third countries: the Agency shall be open to the participation of third countries that have entered into any type of association agreement with the Union concerning the implementation, application and development of the Schengen acquis, as well as of Dublin-related measures and Eurodac-related measures.

      Members want to provide a sufficient legal basis for the Agency to establish and maintain relations with international organisations and other relevant entities of bodies (such as Interpol and IATA) for the implementation of proposals on the Entry-Exit System and ETIAS.

    type
    Committee report tabled for plenary, 1st reading/single reading
    title
    A8-0404/2017
type
Committee report tabled for plenary, 1st reading/single reading
committees
date
2017-12-18
activities/6 added
date
2018-07-05
docs
  • url
    http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0310
    text
    • The European Parliament adopted by 541 votes to 71, with 20 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice, and amending Regulation (EC) 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) 1077/2011.

      The European Parliament’s position, adopted at first reading under the ordinary legislative procedure, amended the Commission proposal as follows:

      Tasks: the Agency established by this Regulation replaces and succeeds the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice as established by Regulation (EU) No 1077/2011. It shall be responsible for the operational management of the Schengen Information System (SIS), the Visa Information System (VIS) and Eurodac, as well as the preparation, development and/or operational management of the Entry/Exit System (EES), DubliNet and the European Travel Information and Authorisation System (ETIAS).

      Technical solutions: the amended text specifies that the Agency shall be able to implement technical solutions in order to comply with the availability requirements laid down in the legislative instruments governing the systems under the responsibility of the Agency while fully respecting the specific provisions of those instruments with regard to the technical architecture of the respective system.

      Where those technical solutions require a duplication of a system or a duplication of components of a system an independent impact assessment and cost-benefit analysis shall be carried out and a decision shall be taken by the Management Board following the consultation of the Commission. The assessment shall also include an examination of the needs in terms of hosting capacity of the existing technical sites related to the development of such solutions and the possible risks of the current operational set up.

      Tasks related to the communication infrastructure: when carrying out those tasks all external private-sector entities or bodies, including the network provider, shall be bound by the security measures and shall have no access to any operational data stored in the large scale IT systems operated by the Agency or transferred through the communication infrastructure or to the SIS II SIRENE-related exchange by any means.

      Interoperability: where interoperability of large-scale information systems has been stipulated in a relevant legislative instrument, the Agency shall develop the necessary actions to enable that interoperability.

      Support to Member States and the Commission: any Member State may request the Agency to provide advice with regard to its national systems' connection to the central systems. Any Member State may submit a request for ad-hoc support to the Commission which, subject to its positive assessment that such support is required by security or migratory extraordinary needs, shall transmit it, without delay, to the Agency, which shall inform the Management Board. The Member State shall be informed in case the Commission's assessment is negative.

      The requesting Member States may task the Agency to establish a common component or router for advance passenger information and passenger name record data as a technical support tool to facilitate connectivity with air carriers. In such case eu-LISA is to collect centrally the data from air carriers and transmit those data to the Member States via the common component or router. The requesting Member States are to adopt the necessary measures to ensure air carriers transfer the data via eu-LISA.

      Location: the Agency shall have its seat in Tallinn (Estonia). The tasks relating to development and operational management shall be carried out in the technical site in Strasbourg, France. A backup site capable of ensuring the operation of a large-scale IT system in the event of failure of such a system shall be installed in Sankt Johann im Pongau, Austria.

      Due to the specific nature of the large-scale IT systems, should it become necessary for the Agency to establish a second separate technical site either in Strasbourg or in Sankt Johann im Pongau or in both locations, as required, in order to host the systems, such need shall be justified on the basis of an independent impact assessment and cost-benefit analysis.

      Executive Director: the Management Board shall appoint the Executive Director from a list of at least three candidates proposed by the Commission following an open and transparent selection procedure.

      Before appointment, the candidates proposed by the Commission shall be invited to make a statement before the competent committee or committees of the Parliament and answer questions from the committee members. If the Management Board takes a decision to appoint a candidate other than the candidate whom the Parliament indicated as its preferred candidate, the Management Board shall inform the Parliament and the Council in writing of the manner in which the opinion of the Parliament was taken into account.

      The Executive Director shall be assisted by a Deputy Executive Director appointed by the Management Board on the proposal of the Executive Director.

      Cooperation with international organisations and other relevant entities: where so provided by a Union act, in so far as it is necessary for the performance of its tasks, the Agency may, by means of the conclusion of working arrangements, establish and maintain relations with international organisations and their subordinate bodies governed by public international law or other relevant entities or bodies, which are set up by, or on the basis of, an agreement between two or more countries.

    type
    Decision by Parliament, 1st reading/single reading
    title
    T8-0310/2018
body
EP
type
Decision by Parliament, 1st reading/single reading
links/Research document added
url
http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2018)614678
title
Briefing
procedure/legal_basis/7 changed
Old
Treaty on the Functioning of the EU TFEU 088-p2
New
Treaty on the Functioning of the EU TFEU 88-p2
procedure/legislative_priorities added
    procedure/stage_reached changed
    Old
    Awaiting committee decision
    New
    Provisional agreement between Parliament and Council on final act
    2017-09-23
    2017-09-14
    2017-09-07
    2017-09-06

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    © European Union, 2011 – Source: European Parliament