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

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. The interoperability between EU information systems was established with a view to improve the effectiveness and efficiency of checks at the external borders, to contribute to the prevention of illegal immigration and to contribute to a high level of security within the area of freedom, security and justice of the Union. It 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.

Preceding the adoption of the Regulations, in April 2016, the Commission presented a Communication Stronger and Smarter Information Systems for Borders and Security. This outlined possible ways to make EU information systems work better to enhance border management and internal security. In its Resolution of 6 July 2016, the European Parliament called for proposals to improve and develop existing EU information systems, address information gaps and move towards their interoperability, as well as proposals for compulsory information sharing at EU level, accompanied by the necessary data protection safeguards. In its conclusions of 15 December 2016, the European Council called for work to continue on delivering interoperability of EU information systems and databases.

Interoperability between EU information systems was established in order for these systems and their data to supplement each other while respecting the fundamental rights of individuals, in particular the right to protection of personal data.

At the time of adoption of the Interoperability Regulations, three EU information systems were in operation: the Schengen Information System (SIS), the Visa Information System (VIS) and the Eurodac system. In addition, three other systems are currently in development phase: the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS) and the centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN system).

The Interoperability Regulations lay down provisions on monitoring and evaluation, by the Commission and in particular by eu-LISA for the technical development. eu-LISA submitted a first report in December 2019.

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 Regulations. The report should include detailed information about the costs incurred and information as to any risks that may impact the overall costs, as provided for in the Interoperability Regulations. 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.

2.Implementing legislation

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 components in the context of the overall 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 authorities, for example through the use of standard forms and establishing cooperation procedures to address security incidents.

Upon the entry into force of the Regulations, the Commission began to prepare a first set of implementing measures (four implementing acts and two delegated acts) required at the very start of the design and development process.

For implementing acts, a committee was established under Article 74 of Regulation (EU) 2019/817 and Article 70 of Regulation (EU) 2019/818.

For the preparation of the necessary delegated acts, an expert group was established in accordance with Article 73 of Regulation (EU) 2019/817 and Article 69 of Regulation (EU) 2019/818.

3.Monitoring implementation by Member States and Union agencies

The Interoperability Regulations were identified as of high priority under the Joint Declaration on the EU's legislative priorities for 2018-19. Besides the priority identified during the legislative process, the importance of implementation of the Regulations needed to be recognised. To achieve full implementation, Member States, Union agencies and the Commission have to advance together in order to avoid a situation whereby the lack of action by any one of them leads to a delayed entry into operation for all.

With this in mind, the Commission began a series of forum meetings to bring together all involved partners to discuss how to advance preparation and readiness, and to identify risks and solutions in the interests of all. The aim was to take all the measures necessary to meet the target of having all the EU information systems fully aligned with the interoperability framework by the end of 2023. In addition to the Member States and Schengen associated countries, and the relevant Union agencies (eu-LISA, the European Border and Coast Guard Agency and Europol), participation in the forum was extended to other interested parties: the European Parliament and the Council, the EU Counter-Terrorism Coordinator, the European Union Agency for Law Enforcement Training, the European Asylum Support Office, the EU Agency for Fundamental Rights and the European Data Protection Supervisor.

The first forum was held in March 2019, once provisional agreement had been reached between the European Parliament and Council during the interinstitutional discussions. The forum acknowledged the immediate priority of focusing on full implementation of the new architecture for EU information systems for borders, migration and security. To support this, the Commission had envisaged a scoreboard in view of establishing effective monitoring and coordination arrangements. The aim was to adopt a light-touch approach working with national coordinators, who should ensure that all stakeholders are fully aware. Particular attention had to be given to financial and human resource needs, including training of end-users so that the implementation respects the schedule. It was also acknowledged that the eu-LISA management board had a technical coordination responsibility under the various pieces of legislation, and that the Justice and Home Affairs Council should regularly include on its agenda the state of play of the implementation.

In November 2019, the second forum acknowledged the value of meeting on a regular basis, and of the scoreboard as a tool for helping all – Member States, Union agencies and the Commission – to continue to progress together in developing and implementing the new IT architecture for borders, migration and security. Financial and human resource needs continued to be identified as a major issue. Therefore, it was suggested that all involved parties should prepare indicative multiannual resource plans. The Commission also proposed to develop a platform to gather information, including on best practices, and make it readily available to all to facilitate exchanges and progress. It was also recognised that as implementation progressed, greater focus would have to be given to operational and practical implementation.

A third forum took place – by videoconference – in May 2020. The Commission provided its assessment of the overall state of play based on a scoreboard covering the major requirements of implementation: