Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Decision No 1720/1999/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)

(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.

2001/0211 (COD)

Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Decision No 1720/1999/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)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular 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 1720/1999/EC of the European Parliament and of the Council [8] is for the Community to achieve a high degree of interoperability between the trans-European telematic networks established between the Member States and the Community institutions in order to support the establishment of economic and monetary union and the implementation of Community policies, as well as to achieve substantial benefits for Member State administrations and the Community by streamlining operations and speeding up implementation of new networks and enhancements.

[8] OJ L 203, 3.8.1999, p. 9.

(2) The benefits of trans-European telematic networks for administrations should be extended to citizens and enterprises of the Community, notably in those areas where this contributes to the objectives of the e-Europe initiative and related action plan, in particular the chapter on Government online.

(3) Regarding the spread of best practice, conferences, workshops and other types of events should be organised in order to ensure general awareness of the achievements and benefits of the IDA programme and the dissemination of IDA guidelines and recommendations.

(4) For the implementation of the Community Actions set out in Articles 3 to 10 of Decision No 1720/1999/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 procedure referred to in that Decision.

(5) Following the interest expressed by Malta and Turkey, the IDA programme may be opened to participation by these countries in the horizontal actions and measures under Decision No 1720/1999/EC. 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 a Community policy. This possibility should also be admitted for other non-member countries, under the same conditions.

(6) 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 1720/1999/EC for the period 2002-2004 should be introduced, with the annual appropriations being authorised by the budgetary authority within the limit of the financial perspective.

(7) Provisions of Decision No 1720/1999/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.

(8) Decision No 1720/1999/EC should be amended accordingly,

HAVE DECIDED AS FOLLOWS:

Article 1

Decision No 1720/1999/EC is amended as follows:

1. Article 1(d) is replaced by the following:

"d) The extension of the benefits of such networks, as mentioned in the previous paragraph, to Community industry and citizens of the European Union, notably in those areas where this contributes to the objectives of the e-Europe initiative and related action plan, in particular the chapter on Government online;"

2. The following paragraph 3 is added to Article 10:

"3. The Community shall organise conferences, workshops and other types of events in order to ensure general awareness of the achievements and benefits of the IDA programme and the dissemination of IDA guidelines and recommendations."

3. Article 11(2), (3) and (4) are replaced by the following:

"2. The section of the IDA work programme concerning the implementation of this Decision, which the Commission shall draw up for its entire duration and which shall be reviewed at least twice a year, shall be approved, based on its compliance with the relevant provisions of Articles 3 to 10, in accordance with the procedure referred to in Article 12.

3. The common rules and procedures for bringing about technical and administrative interoperability shall be adopted in accordance with the procedure referred to in Article 12.

4. The procedure referred to in Article 12 shall also apply in respect of the approval of the breakdown 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."

4. Article 12 is replaced by the following:

"Article 12

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."

5. Article 14 is replaced by the following:

"Article 14

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 the horizontal actions and measures under this Decision.

2. In the course of implementing this Decision, 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."

6. Article 15 is replaced by the following:

"Article 15

Financial reference amount

1. The financial reference amount for the implementation of the Community action under this Decision for the period 2002-2004 shall be EUR 34,2 million.

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

Article 2

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

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 1720/1999/EC [10] (hereinafter the Interoperability Decision)

[10] 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.

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 1720/1999/EC of the European Parliament and of the Council of 12 July 1999

4. Description of operation

4.1 General objective

The objective of Decision No 1720/1999/EC is for the Community to achieve a high degree of interoperability between the trans-European telematic networks established between the Member States and the Community institutions in order to support the establishment of economic and monetary union and the implementation of Community policies, as well as to achieve substantial benefits for Member State administrations and the Community by streamlining operations and speeding up implementation of new networks and enhancements.

The objective of the present Proposal is to fulfil the requirement laid down in Article 13 of Decision No 1720/1999/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 that Decision. It has to be noted, however, that the Proposal to amend Decision No 1720/1999/EC is not only based on the evaluation results, but also takes into account 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 1720/1999/EC (applying from 3.8.1999 until 31.12.2004) 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 1720/1999/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 actions and measures under Decision No 1720/1999/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.

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 11,1 million has been allocated to the section of the IDA 2001 Work Programme concerning the implementation of Decision No 1720/1999/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 actions and measures under Decision No 1720/1999/EC are to support the administration of the Internal Market, the implementation of Community policies by means of telematic networks, and to ensure interoperability within and across such 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, 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 actions and measures under Decision No 1720/1999/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 1720/1999/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 horizontal actions and measures, 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.