on the state of play of preparations for the full implementation of the Interoperability Regulations in accordance with Article 78(5) of Regulation (EU) 2019/817 and Article 74(5) of Regulation (EU) 2019/818

Executive summary The Interoperability Regulations (2019/817 and 2019/818) require the Commission to submit an annual report to the European Parliament and to the Council on the state of play of preparations for the full implementation of the Regulations. This is the Commission’s second report. The implementation of the new IT-architecture in the area of migration, borders and security is the cornerstone of establishing one of the most modern border management systems in the world. To achieve full and timely implementation, EU Member States and Schengen associated countries, EU agencies and the Commission have to advance together. A delay by one will bring delays for everyone and is also likely to increase costs. Since its last report, the Commission continued to discuss in the relevant committees and expert group a series of implementing and delegated acts necessary for the development of the interoperability components. Currently, 24 acts that are at various stages of the adoption procedure have already been, or soon be, submitted for a formal vote in the interoperability committees. The two remaining acts are in preparation. Overall, 74 implementing and delegated acts are needed for the development of the new IT-architecture. Since 2019, the Commission has been convening biannual high-level Interoperability Forums to bring together all relevant stakeholders. The goal is to discuss how to advance preparations and readiness, to identify risks and solutions, and to provide all the support necessary to ensure that the interoperability framework is fully implemented by the target date of end-2023. The fifth Interoperability Forum, which took place in April 2021, highlighted the following: The Commission made use of its Rapid Alert Process (RAP-IT) for monitoring Member States’ progress. Based on this, the Commission continued and intensified bilateral contacts with those Member States facing difficulties. This included organising meetings more frequently and sending letters at political level. In dedicated meetings, the Commission continued to provide material to Member States to enable them to inform and train end-users on the use of the interoperability framework and components. The work on a practical handbook has started. The sixth Interoperability Forum took place on 28 October 2021. The Commission and eu-LISA will continue their contacts with the Member States concerned and stand ready to provide support as necessary. -The implementation of the Entry/Exit System (EES) and the revision of the Schengen Information System (SIS) are at critical stages, with the planned entry into operation of these systems (May 2022 and February 2022 respectively) approaching rapidly. -The Entry/Exit System faces risks of delays vis-à-vis the agreed implementation timeline. Some Member States face challenges in keeping to the timeline, mostly due to delayed procurement procedures. Since the April Forum, delays in deliveries by contractors at central level have presented similar challenges. For the revision of the Schengen Information System (SIS), the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) and Member States have started, with a delay of 1.5 months, to test the readiness of national systems. The testing activities should be finalised by December 2021. All possible mitigating measures should continue to be implemented in order to make sure everything is ready for the timely launch of these systems and the new interoperability architecture. -In parallel, Member States should prioritise finalising their procurement procedures related to the European Travel Information and Authorisation System (ETIAS) and on the setting up of their ETIAS national units. The entry into operation of this system (December 2022) is also fast approaching.





1.Introduction

On 11 June 2019, the Interoperability Regulations entered into force. The Regulations are designed to upgrade the EU information systems for security, border and migration management and make them work together in a smarter and more efficient way. To this end, interoperability between the EU information systems was established with a view to improve the effectiveness and efficiency of checks at the external borders, and to contribute to the prevention of irregular migration and to a high level of internal security within the EU area of freedom, security and justice. Interoperability also aims to improve the implementation of the common visa policy, to assist in the examination of applications for international protection, to contribute to the prevention, detection and investigation of terrorist offences and other serious criminal offences, and to facilitate the identification of unknown persons.

When the Interoperability Regulations were adopted, three EU information systems were already in operation: the Schengen Information System, the Visa Information System (VIS) and Eurodac, the system for the comparison of fingerprints of asylum applicants. Three other EU information systems are currently in their development phase: the Entry/Exit System, the European Travel Information and Authorisation System and the European Criminal Records Information System for Third-Country Nationals (ECRIS-TCN).

Interoperability between EU information systems was established in order for these systems to complement each other, help facilitate the correct identification of persons and contribute to fighting identity fraud, while at the same time ensuring full respect of fundamental rights, in particular data protection requirements.

The Interoperability Regulations also lay down provisions on monitoring and evaluation by the Commission and by eu-LISA. In December 2019, eu-LISA submitted a first report on the state of play of the development of the interoperability components , followed by a second report in July 2020 and a third in December 2020 .

Under the terms of Article 78(5) of Regulation (EU) 2019/817 and Article 74(5) of Regulation (EU) 2019/818, the Commission is required to submit a report to the European Parliament and to the Council on the state of play of preparations for the full implementation of the Interoperability Regulations. The report should include detailed information about the costs incurred and information as to any risks that may impact the overall costs. Similar reports are to be submitted by the Commission every year until the dates of the start of operations of the interoperability components are determined by means of the Commission implementing acts referred to in Article 72 of Regulation (EU) 2019/817 and Article 68 of Regulation (EU) 2019/818.

The Commission submitted its first report on 21 August 2020 .

2.Implementing legislation of the Interoperability Regulations

The Interoperability Regulations provide that implementing legislation should be adopted in order to supplement and implement certain detailed technical aspects of the Regulations. Some of these acts are necessary to fully enable eu-LISA to commence its design and development of the interoperability components in the context of the overall IT-system architecture, especially as this requires defining technical specifications and preparing procurement procedures in order to work with contractors. Such terms of reference must be based on clear and complete technical specifications set out in the necessary calls for tender. Other acts are needed to lay down technical rules to facilitate operation on the ground by the relevant Member State authorities and EU agencies, for example through the use of standard forms and establishing cooperation procedures to address security incidents.

Since the 2020 report, the Commission continued to discuss in the relevant committees and expert group a series of draft implementing and delegated acts necessary for the development of the interoperability components. Currently, 12 acts that are at various stages of the adoption procedure have already been, or soon be, submitted for a formal vote in the interoperability committees . The two remaining acts are in preparation. Overall, 74 implementing and delegated acts are needed for the development of the new IT architecture, as shown in the table below:

Regulation Type of act Adopted Under formal adoption In committee or group Not yet started ETIAS Delegated 5 2 3 Implementing 10 2 3 1 EES Delegated Implementing 13 1 SIS Delegated 1 (optional) Implementing 5 2 Interoperability Delegated 2 4 Implementing 12 6 2

As required by the Interoperability Regulations, the Commission has also adopted two positive opinions on the technical specifications provided by eu-LISA for the development of the IT systems. One concerns the central repository for reporting and statistics and the other concerns the European search portal, the common identity repository and the multiple-identity detector.

In the reporting year (2020/2021), the European Parliament and the Council also reached a political agreement on the consequential amendments to the European Travel Information and Authorisation System. Following the formal adoption of the consequential amendments by the co-legislators, the Commission will need to amend some of the already adopted secondary legislation stemming from the Interoperability Regulations.

In December 2020, the European Parliament and the Council reached a provisional agreement on the Commission’s proposal to revise and upgrade the Visa Information System. The new Regulation was adopted by the co-legislators in July 2021. Some of the acts of the secondary legislation adopted so far in the interoperability framework will need to be amended following the entry into force of this Regulation. The Commission is starting reviewing those acts concerned. Together with the other new and upgraded EU information systems, the new Visa Information System is planned to be operational and fully interoperable by the end of 2023.

3.Monitoring of implementation by Member States and EU agencies