Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Decision No 1719/1999/EC on a series of guidelines, including the identification of projects of common interest, for trans-European networks for the electronic interchange of data between administrations (IDA)

(presented by the Commission)

EXPLANATORY MEMORANDUM

The second phase of the IDA Programme (IDA II) was adopted by the European Parliament and the Council in their Decisions No 1719/1999/EC [1] (hereinafter the Guidelines decision) and No 1720/1999/EC [2] (hereinafter the Interoperability decision) of 12 July 1999. Article 9 and 13 respectively of the two decisions require the Commission to submit a first evaluation of the IDA II Programme to the European Parliament and the Council no later than the draft budget for the year 2001, together with any appropriate proposal for the amendment of the Annex of the Guidelines decision and any appropriate proposal for the amendment of the Interoperability decision.

[1] Decision no 1719/1999/EC of the European Parliament and of the Council of 12 July 1999 on a series of guidelines, including the identification of projects of common interest, for trans-European networks for the electronic interchange of data between administrations (IDA), OJ L 203, 3.8.1999, p. 1.

[2] Decision no 1720/1999/EC of the European Parliament and of the Council of 12 July 1999 adopting a series of actions and measures in order to ensure interoperability of and access to trans-European networks for the electronic interchange of data between administrations (IDA), OJ L 203, 3.8.1999, p. 9.

Due to the late entry into force of the IDA II Decisions (August 1999) and the consequent late adoption of the IDA 1999 Work programme (November 1999), the evaluation could only be initiated in January 2000 and was finalised in September 2000. Having taken place at the start of the IDA II Programme, the results of the evaluation represent, to a large extent, a baseline with which to compare the results of subsequent evaluations. As for the proposed amendments to the two decisions, they are based on the evaluation, as well as the first one-and-a-half year of experience in implementing the IDA II Programme and the context provided by the e-Europe initiative and related action plan. As a consequence, the Proposal to amend Decision No 1719/1999/EC also includes amendments to a number of articles of that Decision.

For both Proposals to amend Decision No 1719/1999/EC and Decision No 1720/1999/EC, three types of amendments can be distinguished: the first type stems from changes in legal and political obligations and concerns an adaptation of the committee procedure in accordance with Council Decision 1999/468/EC of 28.6.1999 [3] and extension of the IDA II programme to Malta and Turkey, as well as providing the possibility for candidate countries and non-member countries to use, at their own costs and under certain conditions, IDA generic services.

[3] OJ L 184, 17.7.1999, p. 23.

The second type of amendment serves to improve some practical conditions and is related to the implementation clause, the introduction of a financial reference for the period 2002-2004 and as far as the Proposal to amend Decision No 1720/1999/EC is concerned, also to the spread of best practice. Regarding the financial reference it has to be reminded that in Article 12 of Decision No 1719/1999/EC and Article 15 of Decision No 1720/1999/EC currently in force a financial framework is set only for the period 1998-2000.

And the third type is based on the requirements resulting from new initiatives, notably the e-Europe action plan (in particular the chapter on Government online), and as far as the Proposal to amend Decision No 1719/1999/EC is concerned, also the need to extend the areas where new telematic networks can be established, in particular to include networks in the field of education and judicial affairs.

The European Parliament and the Council are requested to adopt the Proposals for European Parliament and Council Decisions amending Decision No 1719/1999/EC and Decision No 1720/1999/EC.

2001/0210 (COD)

Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Decision No 1719/1999/EC on a series of guidelines, including the identification of projects of common interest, for trans-European networks for the electronic interchange of data between administrations (IDA)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the first paragraph of Article 156 thereof,

Having regard to the proposal from the Commission [4],

[4] OJ C ...

Having regard to the opinion of the Economic and Social Committee [5],

[5] OJ C ...

Having regard to the opinion of the Committee of the Regions [6],

[6] OJ C ...

Acting in accordance with the procedure laid down in Article 251 of the Treaty [7],

[7] Opinion of the European Parliament.

Whereas:

(1) The objective of Decision No 1719/1999/EC of the European Parliament and of the Council [8] is for the Community, in co-operation with the Member States, to take the necessary measures to establish operational, interoperable, trans-European telematic networks between Member State administrations and the Community institutions, enabling the efficient, effective and secure interchange of information in order to support the establishment of economic and monetary union and the implementation of Community policies, as well as the Community decision-making process.

[8] OJ L 203, 3.8.1999, p. 1.

(2) Priority should be given to those projects which enhance the economic viability of public administrations, European Community institutions, Member States and the regions, and which, by means of the establishment or enhancement of sectoral networks, contribute to the objectives of the e-Europe initiative and related action plan, in particular the chapter on Government online, aimed to the benefit of citizens and enterprises.

(3) For reasons of legal certainty, it is appropriate to make express provision for the possibility of reviewing the section of the IDA work programme concerning the implementation of Decision No 1719/1999/EC during the year of reference. For the implementation of the Community Actions set out in Articles 3 to 6 of Decision No 1719/1999/EC it should be clarified that proposals for any budgetary increase of more than EUR 250 000 per project line within a year are subject to the committee procedure referred to in that Decision.

(4) Following the interest expressed by Malta and Turkey, the IDA programme may be opened to participation by these countries in projects of common interest. Before the IDA programme has been opened up for participation to all candidate countries, the possibility for these countries to use at their costs IDA generic services should be facilitated, provided that an interchange of data with these countries is necessary for the implementation of the Community policy. This possibility should also be admitted for other non-member countries, under the same conditions.

(5) With a view to creating more flexibility in the annual budget allocation, a financial reference amount for the implementation of the Community action under Decision No 1719/1999/EC for the period 2002 to 2004 should be introduced, with the annual appropriations being authorised by the budgetary authority within the limit of the financial perspective.

(6) Implementation of networks which facilitate the co-operation between judicial authorities, should in general be considered projects of common interest under the IDA programme.

(7) Telematic networks in the area of education, notably for the exchange of information concerning content issues on open networks and to promote the development and free circulation of new audio-visual and information services, should be considered projects of common interest under the IDA programme.

(8) Telematic networks contributing to the objectives of the e-Europe initiative and related action plan, in particular the chapter on Government online, aimed to the benefit of citizens and enterprises, should be considered projects of common interest under the IDA programme.

(9) Telematic networks concerning immigration policy, notably through the implementation of improved electronic data exchange with the national administrations in order to facilitate information and consultation procedures, should be considered projects of common interest under the IDA programme.

(10) Provisions of Decision No 1719/1999/EC concerning the committee procedure should be adapted to take account of Council Decision 1999/468/EC of 28.6.1999 laying down the procedures for the exercise of implementing power conferred on the Commission [9].

[9] OJ L 184, 17.7.1999, p. 23.

(11) Decision No 1719/1999/EC should be amended accordingly,

HAVE ADOPTED THIS DECISION:

Article 1

Decision No 1719/1999/EC is amended as follows:

1. The following point h) is added to Article 4:

"h) contribute to the objectives of the e-Europe initiative and related action plan, in particular the chapter on Government online, aimed to the benefit of citizens and enterprises."

2. Article 7(2), (3) and (4) are replaced by the following:

"2. The procedure referred to in Article 8 shall apply in respect of the approval, on the basis of compliance with the priorities established in Article 4 and the principles laid down in Article 5, of the section of the IDA work programme concerning the implementation of this Decision, which the Commission shall draw up at yearly intervals and which may be reviewed during the year of reference. The IDA work programme shall include a breakdown of past expenditure by project for the previous year(s).

3. The procedure referred to in Article 8 shall apply in respect of the approval, on the basis of its compliance with the principles laid down in Article 5, of the preparatory report and of the global implementation plan of each IDA project at the end of the feasibility phase and at the end of the development and validation phase, as well as the approval of any subsequent substantial amendments to that implementation plan.

4. The procedure referred to in Article 8 shall apply in respect of the approval, on the basis of the priorities laid down in Article 4 and the principles laid down in Articles 5 and 6, of the breakdown by project of the yearly budgetary expenditure under this Decision. Proposals for any budgetary increase of more than EUR 250 000 per project line within a year, shall also be subject to that procedure."

3. Article 8 is replaced by the following:

"Article 8

Committee

1. The Commission shall be assisted by a committee called the Telematics between Administrations Committee (TAC), composed of representatives of the Member States and chaired by the representative of the Commission.

2. Where reference is made to this paragraph, the management procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7 and Article 8 thereof.

3. The period provided for in Article 4 (3) of Decision 1999/468/EC shall be three months."

4. Article 10 is replaced by the following:

"Article 10

Extension to the EEA and associated countries

1. The IDA programme may be opened, within the framework of their respective agreements with the European Community, to participation by the countries of the European Economic Area and the associated countries of central and eastern Europe, Cyprus, Malta and Turkey in projects of common interest which are relevant to such agreements.

2. In the course of implementing projects, co-operation with non-member countries and with international organisations or bodies, as appropriate, shall be encouraged.

3. Before the IDA programme has been opened up for their participation, the associated countries of central and eastern Europe, Cyprus, Malta and Turkey may use at their own costs IDA generic services, provided that an interchange of data with these countries is required for the implementation of a Community policy.

4. Other non-member countries may also use at their own costs IDA generic services to the extent that an interchange of data with these countries is required for the implementation of a Community policy."

5. Article 12 is replaced by the following:

"Article 12

Financial reference amount

1. The financial reference amount for the implementation of the Community action under this Decision for the period 2002 to 2004 shall be EUR 39,8 million.

2. The annual appropriations shall be authorised by the budgetary authority within the limit of the financial perspective."

6. In the Annex, section A, the following point 6 is added:

"6. Implementation of networks which facilitate the co-operation between judicial authorities."

7. In the Annex, section B, point 10 is replaced by the following:

"10. Telematic networks in the areas of education and culture, information, communication, and audio-visual sector, notably for the exchange of information concerning content issues on open networks and to promote the development and free circulation of new audio-visual and information services."

8. In the Annex, section B, the following points 13 and 14 are added:

"13. Telematic networks contributing to the objectives of the e-Europe initiative and related action plan, in particular the chapter on Government online, aimed to the benefit of citizens and enterprises.

14. Telematic networks concerning immigration policy, notably through the implementation of improved electronic data exchange with the national administrations in order to facilitate information and consultation procedures."

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 3

This Decision is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

FINANCIAL STATEMENT

1. Title of operation

Proposal for a Decision of the European Parliament and of the Council amending Decision No 1719/1999/EC [10] (hereinafter the Guidelines Decision)

[10] Decision No 1719/1999/EC of the European Parliament and of the Council of 12 July 1999 on a series of guidelines, including the identification of projects of common interest, for trans-European networks for the electronic interchange of data between administrations (IDA), OJ L 203, 3.8.1999, p. 1.

2. Budget heading(s) involved

B5-7210 (Networks for the interchange of data between administrations - IDA)

3. Legal basis

Article 156 of the EC-Treaty - Decision No 1719/1999/EC of the European Parliament and of the Council of 12 July 1999

4. Description of operation

4.1 General objective

The general objective of Decision No 1719/1999/EC is for the Community, in co-operation with the Member States, to take the necessary measures to establish operational, interoperable, trans-European telematic networks between Member State administrations and the Community institutions, enabling the efficient, effective and secure interchange of information in order to support the establishment of economic and monetary union and the implementation of Community policies, as well as the Community decision-making process.

The objective of the present Proposal is to fulfil the requirement laid down in Article 9 of Decision No 1719/1999/EC to submit a first evaluation of the implementation of that Decision to the European Parliament and the Council, together with any appropriate proposal for the amendment of the Annex of that Decision. It should be noted, however, that the Proposal to amend Decision No 1719/1999/EC also includes amendments to a number of articles of that Decision, taking into account the evaluation results, as well as the first one-and-a-half year of experience in implementing the Decision and the context provided by the e-Europe initiative and related action plan.

4.2 Period covered and arrangements for renewal

In IDA Decision No 1719/1999/EC (applying from 3.8.1999 until 31 December 2004) the financial framework for the programme is set for the period 1998-2000. In fact, at the time the Council did not consider it appropriate to set a financial framework for more than the first 3 years of the application period of the Decision. The financial coverage for the subsequent years was apparently expected to take place as part of a rolling plan.

Further to the results of the first IDA II evaluation and consultation of the Telematics between Administrations Committee (TAC), it was decided to use the opportunity of amending Decision No 1719/1999/EC to provide a clear financial framework for the period 2002-2004.

5. Classification of expenditure or revenue

5.1 Compulsory/Non-compulsory expenditure

DNO

5.2 Differentiated/Non-differentiated appropriations

CD

5.3 Type of revenue involved

There are no revenues expected.

6. Type of expenditure or revenue

As a general rule, the funding will be used to purchase information technology and telecommunication services from the market. The projects under Decision No 1719/1999/EC will be launched further to the publication of Calls for Tender or the use of lists of IT service providers, as well as on the basis of specific agreements established within existing framework contracts. The type of projects include the following phases: Preparatory phase, feasibility phase, development and validation phase and implementation phase.

7. Financial impact

7.1 Method of calculating total cost of operation (relation between individual and total costs)

As a general rule, the level of funding per programme project will be 100% of the total costs.

7.2 Itemised breakdown of cost

In 2001, the total amount allocated to the IDA Programme is EUR 24 million [11], of which an amount of EUR 12,9 million has been allocated to the section of the IDA 2001 Work Programme concerning the implementation of Decision No 1719/1999/EC.

[11] Not including the contributions from the EEA countries.

Commitment appropriations EUR million (at current prices)

>TABLE POSITION>

7.3 Operational expenditure for studies, experts, etc. included in Part B of the budget

Commitment appropriations EUR million (at current prices)

>TABLE POSITION>

7.4 Schedule of commitment and payment appropriations

EUR million

>TABLE POSITION>

8. Fraud prevention measures

Control will be exercised by:

- The Commission services responsible for the evaluation of tenders, contract awarding and project management. In particular in the evaluation of the tenders, inter-service evaluations teams will be established;

- The ACPC, in relation to the application of the public procurement rule;

- The Commission financial control.

External audits may be carried out by the Court of Auditors in accordance with the Treaty establishing the European Community.

9. Elements of cost-effectiveness analysis

9.1 Specific and quantified objectives; target population

The objectives of projects under Decision No 1719/1999/EC are to support the administration of the Internal Market, the implementation of Community policies and the Community decision making process by means of telematic networks.

Target population: Administrations, Agencies, Institutions. A policy of quality assurance will be implemented, to different projects and to IDA as a whole, in particular in relation to cost-benefit analyses.

9.2 Grounds for the operation

Activities are co-operative and need to be carried out at European level. Operating successfully the networks requires that all the administrations concerned view themselves and act as partners.

Spin-off and multiplier effects include: Apart from the support to a better implementation of Community policies and a more efficient decision making process, one can mention here the contribution to the modernisation of administrations, the enhanced quality of pan-European co-operation, and the better interface to citizens and enterprises.

9.3 Monitoring and evaluation of the operation

The progress of the projects under Decision No 1719/1999/EC will be monitored by inter-service working groups and project management boards. Every two years, a complete evaluation of the implementation of Decision No 1719/1999/EC will be performed, for submission to the European Parliament and the Council, to establish the progress and current status, examine the benefits yielded by the IDA sectoral projects, and verify the synergy with other Community activities.

10. Administrative expenditure (Section III, Part A of the budget)

This section of the financial statement must be sent to DGs Administration and Budget; DG Administration will then forward it to DG Budget with its opinion.

Actual mobilisation of the necessary administrative resources will depend on the Commission's annual decision on the allocation of resources, taking into account the number of staff and additional amounts authorised by the budgetary authority.

10.1 Effect on the number of posts

>TABLE POSITION>

If additional resources are required, indicate the pace at which they will have to be made available.

10.2 Overall financial impact of additional human resources

EUR

>TABLE POSITION>

The amounts given must express the total cost of additional posts for the entire duration of the operation, if this duration is predetermined, or for 12 months if it is indefinite.

10.3 Increase in other administrative expenditure as a result of the operation

EUR

>TABLE POSITION>

The amounts given must correspond to total expenditure arising from the operation if its duration is predetermined or expenditure for 12 months if it is indefinite.