Proposal for a European Parliament and Council Decision on a series of guidelines, including the identification of projects of common interest, for trans-European networks for the electronic interchange of data between administration (IDA) (98/C 54/03) (Text with EEA relevance) COM(97) 661 final - 97/0340(COD)

(Submitted by the Commission on 12 December 1997)

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 129d thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 189b of the Treaty,

(1) Whereas the Council, in its resolution of 20 June 1994 emphasised the need for coordination with regard to information exchange between administrations (1);

(2) Whereas the Council, in its resolution of 21 November 1996, established new policy priorities regarding the information society (2);

(3) Whereas the Commission, in its communication of 19 July 1994, proposed an action plan for the information society (3);

(4) Whereas the Commission has proposed an action plan for the single market (4);

(5) Whereas the European Parliament, in its resolution of 12 June 1997, invited the European Union and the Member States to take action with regard to the development and application of new information and communication technologies (ICT) in the next decade (5);

(6) Whereas the European Parliament and the Council, in Decision No 2717/95/EC (6), adopted a series of guidelines for the development of Euro-ISDN as a trans-European network;

(7) Whereas the European Parliament and the Council, in Decision No 1336/97/EC (7), adopted a series of guidelines for trans-European telecommunication networks;

(8) Whereas, in order to establish economic and monetary union and to implement Community policies and activities, it is necessary for Member State administrations and the Community to access, exchange and process increasing amounts of information;

(9) Whereas, in order to exercise the powers conferred on them, it is necessary for Community institutions to access, exchange and process increasing amounts of information;

(10) Whereas the efficient, effective and secure exchange of processable information requires the availability of integrated data communication systems, hereinafter referred to as 'telematic networks`;

(11) Whereas telematic networks linking the information systems of the Member State administrations and the Community across Europe are trans-European telecommunication networks for administrations;

(12) Whereas a smooth functioning of the internal market and the elimination of obstacles to communication between public administrations and the private sector are important factors for the prosperity and competitiveness of Community industry;

(13) Whereas use of telematic networks can contribute to the protection of the financial interests of the Community and to the fight against fraud;

(14) Whereas the modification and enhancement of telematic networks may be required during the preparation for the enlargement of the European Union;

(15) Whereas responsive and transparent public administrations will encourage citizens of the European Union to reap the benefits of the information society;

(16) Whereas the Community is a user or a beneficiary of those telematic networks which support the Community policies and activities, interinstitutional communication and economic and monetary union;

(17) Whereas the task of establishing such networks is incumbent on both the Community and the Member States;

(18) Whereas it is essential to maximise interoperability in order to achieve economies of scale and to increase the benefits of such networks;

(19) Whereas, in order to make efficient use of the Community's financial resources, it is necessary to share the cost of such networks between the Member States and the Community on an equitable basis and, at the same time, to avoid needless proliferation of equipment, repetition of investigations and diversity of approach;

(20) Whereas there is thus a need to define specific guidelines of general application to all such networks, as well as a specific financial framework for projects of common interest under such guidelines;

(21) Whereas in accordance with the subsidiarity and proportionality principles established by Article 3b of the Treaty, the objective of establishing such networks cannot be adequately attained by the Member States and can therefore, by reason of the scale and effects of the proposed action, be better attained at Community level; whereas the proposed action does not go beyond what is necessary to achieve the said objective;

(22) Whereas the implementation of the Agreement on the European Economic Area and of the association agreements with the European Community requires the modification and enhancement of the relevant telematic networks;

(23) Whereas there is an inherent international dimension to telematic networks and electronic communication;

(24) Whereas the measures aimed at ensuring the interoperability of telematic networks between administrations are in accordance with the priorities adopted in relation to the guidelines for trans-European telecommunication networks;

(25) Whereas the Council has adopted Decision 95/468/EC (8) on a Community contribution for telematic interchange of data between administrations in the Community (IDA);

(26) Whereas this Decision establishes a financial framework for the entire duration of the programme which should be the principal point of reference, within the meaning of point 1 of the Declaration of the European Parliament, the Council and the Commission of 6 March 1995 (9), for the budgetary authority for the purposes of the annual budgetary procedure,

HAVE ADOPTED THIS DECISION:

Article 1

Scope and objectives

1. The Community, in cooperation with the Member States, shall act in the field of trans-European telematic networks for administrations and shall take the measures set out in Articles 3 to 6 and in Articles 9 and 11 with the following objectives:

(a) the establishment of operational, interoperable, trans-European telematic networks between Member State administrations, whether national or regional, as well as between such administrations and the Community institutions and bodies as appropriate, enabling the efficient, effective and secure interchange of information in order to establish economic and monetary union and in order for the Member States and the Community to implement, within their respective areas of competence, the Community policies and activities referred to in Articles 3 and 3a of the Treaty;

(b) the establishment of integrated telematic networks for the facilitation of communication between the Community institutions and in support of the Community decision-making process.

2. This Decision forms part of the IDA-programme.

Article 2

Definitions

For the purpose of this Decision, the following definitions shall apply:

(a) a telematic network is a comprehensive data communication system, comprising not only the physical infrastructure and connections, but also the service and application layers which are built on top of this infrastructure, thus enabling the interchange of information electronically between organisations and individuals;

(b) an IDA network is a trans-European telematic network for administrations established or continued under this Decision. Such a network is established on the initiative of the Community as a user of or a party to the network or as a beneficiary having an interest in ensuring its implementation;

(c) a sectoral network is a trans-European telematic network for administrations, devoted to the implementation or the administrative support of one particular Community policy or activity which is hereinafter referred to as an 'administrative sector`;

(d) an IDA project is a set of interrelated actions which are undertaken or continued under this Decision, as identified in the Annex, and concern the establishment or enhancement of sectoral networks.

Article 3

Projects of common interest

1. In order to achieve the objectives laid down in Article 1, the Community and the Member States shall implement projects of common interest as identified in the Annex.

2. Implementation of such projects shall be carried out in accordance with the IDA work programme and with global implementation plans as described in Article 5.

3. The Community and the Member States shall mobilise the financial, technical and management resources and introduce the organisational measures necessary for the implementation of IDA projects.

Article 4

Priorities

For the purpose of establishing the IDA work programme, and in the allocation of Community financial resources to IDA projects, priority shall be given to those projects which, by means of the establishment or enhancement of a sectoral network:

(a) directly contribute to removing the obstacles to the free movement of goods, persons, services and capital, or

(b) directly contribute to the successful implementation or the satisfactory operation of economic and monetary union, or

(c) support communication between the Community institutions, or

(d) contribute to the protection of the financial interests of the Community or to the fight against fraud, or

(e) otherwise facilitate the preparation for the enlargement of the European Union, or

(f) otherwise facilitate industrial competitiveness in the Community, with particular emphasis on SME competitiveness, or

(g) otherwise provide a direct benefit to the citizens of the European Union.

Article 5

Broad lines

1. In implementing IDA projects, the principles set out in paragraphs 2 to 8 shall be observed.

2. IDA projects shall comprise all actions necessary for the establishment or enhancement of sectoral networks, including feasibility studies and demonstrations, the establishment of working groups of Member State and Community experts, and the procurement of goods and services for the Community, as appropriate.

3. IDA projects shall include a preparatory phase, a feasibility phase, a development and validation phase, and an implementation phase.

The preparatory phase shall lead to the establishment of the objectives, scope and rationale for the project, and the achievement of the necessary commitment and understanding among the participants through appropriate consultation.

The feasibility phase shall lead to the establishment of a global implementation plan which shall comprise:

(a) a description of the network or networks intended to be established under the project in terms of their objectives, functionalities, participants and technical approach;

(b) the assignment of roles and tasks to the Community and to the Member States throughout the subsequent development and validation and implementation phases;

(c) a detailed description of the expected benefits which includes assessment criteria for measuring those benefits beyond the implementation phase;

(d) a schema which defines an equitable sharing between the Community and the Member States of the operational and maintenance costs of the networks concerned on conclusion of the implementation phase.

During the development and validation phase, the solution proposed for the network or networks concerned shall be constructed, tested, evaluated and monitored on a small scale, and the results shall be used to adjust the global implementation plan accordingly.

During the implementation phase, the fully functional network or networks concerned shall be established in accordance with the global implementation plan.

4. IDA projects shall build on the horizontal actions and measures undertaken by the Community within the framework of Decision 98/. . ./EC 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); in particular, common generic services and applications shall be used where appropriate.

5. The definition of user requirements for a sectoral IDA network shall be made within the framework of the Community policy or activity concerned and, in particular, in accordance with the applicable committee procedure within such policy or activity, if any.

6. Each IDA project shall be technically specified with reference to European standards or publicly available specifications, as appropriate, in order to ensure a high degree of interoperability between national and Community systems within and across administrative sectors and with the private sector. Particular account shall be taken of Community guidelines and support tools in the area of standardisation in public procurement for ICT systems and services, such as SPRITE - S2.

7. In the definition and implementation of each IDA project, care shall be taken to build on suitable results achieved by other relevant Community activities, in particular the Community research and technological development programmes and the Community activities in the field of trans-European telecommunication networks.

8. A post-implementation review of each IDA project shall be carried out within one year following the end of the implementation phase. The findings of such reviews shall be reported to the Member States.

Article 6

Community financial contribution

1. In the implementation of IDA projects the Community shall bear costs in proportion to its interest.

2. The financial contribution of the Community for each IDA project shall be determined in accordance with paragraphs 3 to 7.

3. In the preparatory and feasibility phases of a project, the Community contribution may cover the full cost of the necessary studies.

4. In the development and validation phase and in the implementation phase of a project, the Community shall bear the cost of those tasks which are assigned to it in the global implementation plan of that project.

5. The Community may contribute, by means of direct grants, to the costs incurred by one or more Member States, in order for such Member States to carry out;

(a) activities relating to an IDA project or network which are deemed to be of benefit to other participants or to other sectoral networks,

(b) an enhancement of a national system which is deemed necessary in order to improve or simplify the overall implementation of a particular network system.

The intended grants will be specified in the IDA work programme for the current budgetary year. Other than in exceptional circumstances, grants shall not exceed one half of the expenditure actually incurred by each beneficiary Member State in implementing the tasks for which the grant is given.

6. Community funding under this Decision shall cease on completion of the implementation phase of an IDA project; however, further funding may exceptionally be granted under this Decision in order to cover all or part of the cost of the operation and maintenance of an IDA network until the end of the year following the year in which its implementation is completed.

7. The Community may also, within the framework of this Decision and until the end of 1999, bear the cost of the operation and maintenance of those IDA networks which are continued under this Decision and which are already operational on the date of entry into force of this Decision.

Article 7

Implementation

1. The Commission shall implement the Community action set out in Articles 3 to 6.

2. The procedure set out in Article 8 shall apply in respect of the approval, on the basis of 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.

3. The procedure set out 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 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.

Article 8

Committee procedure

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

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event:

The Commission may defer application of the measures which it has decided for a period of not more than one month from the date of such communication.

The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous subparagraph.

2. The Commission shall regularly report to the TAC on the implementation of this Decision.

Article 9

Review and evaluation

1. The Annex shall be reviewed by the European Parliament and the Council at three-yearly intervals.

2. Two years after the entry into force of this Decision or any subsequent amendment to the Annex, and at three-yearly intervals thereafter, the Commission shall, in coordination with the Member States, carry out an evaluation of the implementation of this Decision.

3. The evaluation shall establish the progress and current status of the projects of common interest identified in the Annex.

It shall also examine, in the light of the expenditure incurred by the Community, the benefits yielded by IDA networks to the Community, the Member States, Community industry and citizens of the European Union and identify areas for potential improvement and verify synergy with other Community activities in the field of trans-European telecommunication networks.

4. The Commission shall forward its evaluation to the European Parliament and the Council together with its proposal for the amendment of the Annex.

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 Area and the associated countries of Central and Eastern Europe and Cyprus in projects of common interest which are relevant to such agreements.

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

Article 11

Other sectoral networks

1. With regard to the establishment or enhancement of all other sectoral networks which are not IDA projects (hereinafter 'other sectoral networks`), Member States and the Community shall, in accordance with the relevant provisions of Community legislation governing the implementation of those sectoral networks, ensure that paragraphs 2 to 6 are complied with.

2. The other sectoral networks shall make use of the horizontal actions and measures undertaken by the Community within the framework of Decision 98/. . ./EC adopting a series of actions and measures in order to ensure interoperability of and access to trans-European networks for the interchange of data between administrations (IDA), to the extent that those actions and measures are appropriate to meet the user requirements of the other sectoral networks.

3. Each of the other sectoral networks shall be technically specified with reference to European standards or publicly available specifications, as appropriate, in order to ensure a high degree of interoperability between national and Community systems within and across administrative sectors and with the private sector. Particular account shall be taken of Community guidelines and support tools in the area of standardisation in public procurement for ICT systems and services, such as SPRITE - S2.

4. In the definition and implementation of each of the other sectoral networks, care must be taken to build on suitable results achieved by other relevant Community activities, in particular the Community research and technological development programmes and the Community activities in the field of trans-European telecommunication networks.

5. A post-implementation review of each of the other sectoral networks shall be carried out.

6. In the implementation of the other sectoral networks the Community shall bear costs in proportion to its interest.

Article 12

Financial framework

The financial framework for Community action under this Decision for the period 1998-2000 shall be ECU 38,5 million.

Annual appropriations shall be authorised by the budgetary authority within the limit of the financial perspective.

Article 13

Entry into force

This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on the third day following its publication.

Article 14

Addressees

This Decision is addressed to the Member States.

(1) OJ C 181, 2.7.1994, p. 1.

(2) OJ C 376, 12.12.1996, p. 1.

(3) COM(94) 347 final.

(4) COM(97) 184 final.

(5) OJ C 200, 30.6.1997, p. 196.

(6) OJ L 282, 24.11.1995, p. 16.

(7) OJ L 183, 11.7.1997, p. 12.

(8) OJ L 269, 11.11.1995, p. 23.

(9) OJ C 102, 4.4.1996, p. 4.

ANNEX

PROJECTS OF COMMON INTEREST IN THE SPHERE OF TRANS-EUROPEAN NETWORKS FOR THE INTERCHANGE OF DATA BETWEEN ADMINISTRATIONS

The following projects shall be projects of common interest under the IDA programme:

A. IN GENERAL

1. Continuation of sectoral projects and measures undertaken under Council Decision 95/468/EEC of 6 November 1995, with the exception of the following networks previously funded by the IDA programme, which are now specifically excluded from the new programme.

SIGL

VIES

Transit

QUOTA

EBTI

TARIC

SCENT CIS/fiscal

SEED - excise control

CCN/CSI

2. Implementation of those networks required for the functioning of the European agencies, and in support of the legal framework arising from the creation of the European agencies

3. Implementation of those networks which, within the framework of the Community policies and activities and in unforeseen circumstances, are urgently required to support the action of the Community and the Member States in protecting the life and health of humans, animals and plants, the rights of the European consumers, or the fundamental interests of the Community

B. ENHANCEMENTS TO EXISTING IDA PROJECTS

1. Extension of the communication and management of official documents project to all exchanges of information between the European institutions and Member State Governments and administrations and for the dissemination of Commission autonomous acts

2. Enhancement of the SIMAP project to provide a telematic service which comprises the entire procurement process

3. Extension of the Euphin (formerly CARE) healthcare network architecture to the exchange of new health-related information, such as the blood transfusion chain, new diseases, and home and leisure accidents

4. Extension of the TESS framework to exchange information concerning new social security sectors, such as employment and family benefits

5. Expansion and further development of EURES focusing on cross-border vacancy exchange and job-seeker information, decentralisation, and improved public access

6. Interchange of environmental data and information for Eionet

7. Extension of access to environmental information to citizens

8. Extension of the EMCDDA-Reitox drug-monitoring system to include new national partners and topics such as drug-related urban crime

9. Promotion and awareness activities for agricultural networks.

10. Extension of existing pharmaceutical networks to other scientific and regulatory areas and to other user communities, such as industry and the citizen

C. SPECIFIC NEW NETWORKS SUPPORTING EMU AND COMMUNITY POLICIES AND ACTIVITIES

1. Telematic networks to facilitate the monitoring of compliance with convergence criteria, the introduction of the Euro, and economic and monetary policy

2. Telematic networks for the exchange of statistics in accordance with Community political priorities

3. Telematic networks for the provision of statistical information to the citizen

4. New telematic network system for the collection and dissemination of statistical information

5. New telematic projects in support of the management of agricultural markets and structure, more efficient financial management, and the fight against fraud in the agricultural sector

6. Telematic networks for the exchange of farm accounts data (RICA) between national agencies and the Commission

7. Improvement of horizontal telematic interchange systems in the agricultural sector

8. Telematic networks to facilitate the collection, management and dissemination of information at the level of central and regional administrations concerning the implementation of regional and cohesion policies

9. Automobile type-approval data interchange between administrations, incorporating interactive database for technical services (Listec) and Directive referencing

10. Telematic network for the exchange of information between industrial authorities, and between industrial authorities and industry federations

11. Telematic network interface to existing Commission databases in order to facilitate the access of European organisations, and particularly SMEs, to Community sources of funding

12. Telematic network for the exchange of information on cosmetics

13. Telematic services for industry to alleviate the burden of administrative form-filling

14. Telematic services for an early warning system on new synthetic drugs (EMCDDA)

15. Telematic services for the exchange of information concerning content issues on open networks, to promote the development and free circulation of new audiovisual and information services

16. Telematic network in support of the exchange of data between Member States on driver, vehicle and transport operator information

17. Telematic networks in support of the enlargement of the EU through the implementation of efficient electronic communication between the translation services of the Commission and the Council and the temporary translation/revision offices which may be set up in each candidate country

D. GLOBALISATION OF THE IDA NETWORKS

1. Extension of the TESS architecture for information exchange concerning old age pensions to countries to which many citizens of Member States have emigrated

2. Extension of access to EU healthcare and pharmaceutical telematic networks to international organisations; to the EEA, EFTA, CEECs and other associated countries, and to G7 countries

3. Assuring the interoperability of environmental networks with third countries' Environmental Protection Agencies and international organisations

4. Extension of access to the EMCDDA-Reitox telematic network to CEECs, EFTA and Mediterranean countries, as well as to third countries and international organisations exchanging information with the EMCDDA and the Reitox system

E. INTERINSTITUTIONAL PROJECTS

1. Implementation of a telematic link between the Commission, Council institutions and the site of the EU Presidency

2. Networking and document sharing between the European Agencies and bodies and between those and the European institutions

3. Telematic network services in support of interinstitutional exchanges in the agricultural sector

4. Telematic support for communication between the Community institutions by sharing/exchanging multilingual resources and organising common access to terminology databases

5. Support for interinstitutional exchanges by improving translation workflow management and translation support tools