COMMON POSITION (EC) No 8/1999 adopted by the Council on 21 December 1998 with a view to the adoption of Decision No .../1999/EC of the European Parliament and of the Council 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)
Date: 1998-12-21
Institutions: Council of the European Union
Subjects: administrative cooperation, administrative structures, exchange of information, information network, trans-European network, transmission network

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I

(Information)

COUNCIL

COMMON  POSITION  (EC)  No  8/1999

adopted  by  the  Council  on  21  December  1998

with  a  view  to  the  adoption  of  Decision  No  . . ./1999/EC  of  the  European  Parliament  and  of
the Council 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)

(1999/C 55/01)

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 (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having  regard  to  the  opinion  of  the  Committee  of  the
Regions (3),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189b  of  the  Treaty (4),

(1) Whereas  the  Council,  in  its  resolution  of  20  June
1994 (5), emphasised the need for coordination with
regard 
between
administrations;

information 

exchange 

to 

(2) Whereas 

the  Council, 

resolution  of
21  November  1996 (6),  established  new  policy
priorities  regarding  the  information  society;

its 

in 

(1) OJ  C  54,  21.2.1998,  p.  3.
(2) OJ  C  214,  10.7.1998,  p.  33.
(3) OJ  C  251,  10.8.1998,  p.  1.
(4) Opinion  of  the  European  Parliament  of  18  November  1998
(OJ  C  379,  7.12.1998),  Council  common  position  of
21 December 1998 and Decision of the European Parliament
of  . . .  (not  yet  published  in  the  Official  Journal).

(5) OJ  C  181,  2.7.1994,  p.  1.
(6) OJ  C  376,  12.12.1996,  p.  1.

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

(4) Whereas  the  Commission  has  proposed  an  action

plan  for  the  single  market;

(5) Whereas  the  European  Parliament,  in  its  resolution
of  12  June  1997 (7),  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;

(6) Whereas the European Parliament and the Council,
in  Decision  No  2717/95/EC (8),  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 (9),  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

(7) OJ  C  200,  30.6.1997,  p.  196.
(8) OJ  L  282,  24.11.1995,  p.  16.
(9) OJ  L  183,  11.7.1997,  p.  12.

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State administrations and the Community to access,
exchange  and  process 
increasing  amounts  of
information;

(17) 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;

(9) Whereas,  in  order  to  exercise  the  powers  conferred
for  Community
to  access,  exchange  and  process

upon 
institutions 
increasing  amounts  of  information;

is  necessary 

them, 

it 

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

integrated  data 

communication 

(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;

the  elimination  of  obstacles 

(12) Whereas  the  smooth  functioning  of  the  internal
market  and 
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 Member States should take account of the
telematic  networks  developed  in  the  framework  of
Community  action  in  the  development  of  the
projects  they  carry  out  together  in  areas  that  may
become  included  in  the  Treaty  establishing  the
European  Community,  as  a  consequence  of  the
Treaty  of  Amsterdam,  other  areas  subject  to  the
Treaty  on  European  Union,  as  well  as  any  other
action they may carry out that meets the objectives
of 
the  European
Community,  and  in  particular  Articles  3(d),  7a,  8a
and  48  thereof;

the  Treaty 

establishing 

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

(16) Whereas 

responsive 

transparent  public
and 
administrations  will  encourage  citizens  of  the
European  Union  to  reap  the  benefits  of  the
information  society;

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

(19) Whereas  it  is  essential  to  maximise  the  use  of
standards,  publicly  available  specifications  and
public  domain  applications  to  ensure  seamless
interoperability  in  order  to  achieve  economies  of
scale  and 
the  benefits  of  such
networks;

increase 

to 

(20) Whereas,  by  means  of  coordinated  development,
such networks should converge towards a common
telematic interface between the Community and the
Member  States;

(21) 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
investigations  and  diversity  of  approach;

equipment, 

repetition 

of 

(22) Whereas  the  Member  States  shall  in  principle  each
bear the cost incurred by their own implementation
of  IDA  projects  and  services;

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

(24) Whereas  in  accordance  with  the  principles  of
subsidiarity  and  proportionality  established  by
Article  3b  of 
the  objective  of
the  Treaty, 
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;

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

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(26) Whereas 

there 

international
dimension  to  telematic  networks  and  electronic
communication;

inherent 

is  an 

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

in  accordance  with 

(28) Whereas  actions  have  been  carried  out  under
Council  Decision  95/468/EC  of  6  November  1995
on  a  Community  contribution 
telematic
interchange  of  data  between  administrations  in  the
Community  (IDA) (1);  whereas  the  Court  of  Justice
annulled  Decision  95/468/EC  on  28  May  1998;
whereas  the  effects  of  the  measures  taken  by  the
Commission  on  the  basis  of  this  Decision  before
annulment  by  the  Court  are  maintained;

for 

(29) Whereas 

financial
this  Decision  establishes  a 
framework  which  should  be  the  principal  point  of
reference,  within  the  meaning  of  recital  (1)  of  the
declaration  of 
the
Council  and  the  Commission  of  6  March  1995 (2),
for  the  budgetary  authority  for  the  purposes  of  the
annual  budgetary  procedure;

the  European  Parliament, 

(30) Whereas  a  modus  vivendi  between  the  European
Parliament,  the  Council  and  the  Commission
concerning  the  implementing  measures  for  acts
adopted  in  accordance  with  the  procedure  laid
down  in  Article  189b  of  the  Treaty  was  concluded
on  20  December  1994 (3),

HAVE  ADOPTED  THIS  DECISION:

Article  1

Scope  and  objectives

The  Community,  in  cooperation  with  the  Member
1.
States,  shall  act  in  the  field  of  trans-European  telematic
networks for administrations and shall take the measures
set  out  in  this  Decision  with  the  following  objectives:

(a)

the  establishment  of  operational, 
interoperable,
trans-European  telematic  networks  between  Member
States  administrations,  whether  national  or  regional,

the 

and 

effective 

efficient, 

as  well  as  between  such  administrations  and  the
Community  institutions  and  bodies  as  appropriate,
enabling 
secure
interchange  of  information  in  order  to  support  the
establishment  of  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, taking
into  account  work  already  underway  in  existing
Community  or  Member  State  programmes;

(b)

the  establishment  of  integrated  telematic  networks
for  the  facilitation  of  communication  between  the
in  support  of  the
Community 
Community  decision-making  process.

institutions  and 

This  Decision  covers  all  networks  under  the  IDA

2.
programme.

Article  2

Definitions

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

(a)

(b)

(c)

network’: 

comprehensive 

‘telematic 
data
a 
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;

‘IDA  network’:  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;

trans-European 

‘sectoral  network’:  a 
telematic
network  for  administrations  or  a  set  of  services  and
applications,  devoted  to  the  implementation  of  the
administrative  support  of  one  particular  Community
policy,  activity  or  objective  which  is  hereinafter
referred  to  as  an  ‘administrative  sector’;

(1) OJ  L  269,  11.11.1995,  p.  23.
(2) OJ  C  102,  4.4.1996,  p.  4.
(3) OJ  C  102,  4.4.1996,  p.  1.

(d)

‘IDA  project’:  a  set  of  interrelated  actions  which  are
undertaken  or  continued  under  this  Decision,  as
identified  in  the  Annex,  and  which  concern  the
establishment  or  enhancement  of  sectoral  networks.

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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  set  out  in  the
Annex.

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

Article  4

Priorities

the  purpose  of  establishing 
in 

IDA  work
the 
For 
programme,  and 
the  allocation  of  Community
financial resources to IDA projects, priority shall be given
to those projects which enhance the economic viability of
Community
public 
institutions,  Member  States  and  the  regions,  and  which,
by  means  of  the  establishment  or  enhancement  of  a
sectoral  network:

administrations, 

European 

(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) encourage  interinstitutional  communication  between
the  Community  institutions  as  well  as  between  the
latter  and  national  and  regional  administrations,
including  national  and  regional  parliaments  or

(d) contribute  to  the  protection  of  the  financial  interests
of  the  Community  and  the  Member  States  or  to  the
fight  against  fraud  or

(e)

(f)

facilitate  the  preparation  for  the  enlargement  of  the
European  Union  or

industrial 

facilitate 
Community,  with  particular  emphasis  on 
competitiveness 
enterprises  or

the
the
and  medium-sized

competitiveness 

small 

of 

in 

(g) provide  benefits  to  the  citizens  of  the  European

Union.

Article  5

Broad  lines  for  implementation

The implementation of an IDA project shall require
2.
a  legal  basis.  For  the  purpose  of  this  Decision,  an  IDA
project shall be considered to fulfil this requirement when
support
the 
networks 
network 
communication 
the
in 
framework  of  the  implementation  of  one  or  several
Community  acts.

concerned 
administrations 

or 
between 

The  first  subparagraph  shall  not  apply  to  projects  that
the
support 
Community  decision-making  process,  or  to  common
activities  for  the  support  of  two  or  more  IDA  projects.

interinstitutional 

communication 

or 

3.
IDA projects shall comprise all actions necessary for
the  establishment  or  enhancement  of  sectoral  networks,
including  feasibility  studies  and  demonstrators,  the
establishment  of  working  groups  of  Member  State  and
Community  experts,  and  the  procurement  of  goods  and
services  for  the  Community,  as  appropriate.

IDA  projects  shall  include  a  preparatory  phase,  a
4.
feasibility  phase,  a  development  and  validation  phase,
and  an  implementation  phase.

The  preparatory  phase  shall  lead  to  the  establishment  of
a preparatory report comprising the objectives, scope and
rationale  for  the  project  and  in  particular  the  anticipated
costs  and  benefits,  as  well  as  the  achievement  of  the
necessary  commitment  and  understanding  amongst  the
participants  through  appropriate  consultation.

The  feasibility  phase  shall  lead  to  the  establishment  of  a
global  implementation  plant  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
aproach;

(b)

the  assignment  of  roles  and  tasks  to  the  Community
and to the Member States throughout the subsequent
development,  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  upon  conclusion  of  the  implementation
phase.

In implementing IDA projects, the principles set out

1.
in  this  Article  shall  be  observed.

During  the  development  and  validation  phase,  the
the  network  or  networks
solution  proposed 

for 

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if  relevant,  be  constructed,  tested,
concerned  may, 
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.

5.
IDA  projects  shall  build  on  the  horizontal  actions
and  measures  undertaken  by  the  Community  within  the
framework  of  Council  Decision  1999/. . ./EC  of  . . .
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) (1);  in  particular,  common  generic
services  and  applications 
shall  be  used  where
appropriate.

A  post-implementation  review  of  each  IDA  project
9.
shall  be  carried  out  in  coordination  with  the  Member
States within the framework of the Community policy or
activity  concerned  and  presented  to  the  relevant  sectoral
committee  and  to  the  committee  referred  to  in  Article  8
within  one  year  following  the  end  of  the  implementation
phase.  This  review  shall  include  cost-benefit  analysis.

Article  6

Community  financial  contribution

In 

1.
the
Community  shall  bear  costs  in  proportion  to  its  interest.

implementation  of 

IDA  projects, 

the 

The 

initiation  and 

6.
implementation  of  an  IDA
project,  the  definition  of  its  phases,  as  well  as  the
definition  of  user  requirements,  both  technical  and
functional, for the network or networks concerned under
such  a  project,  shall  be  made  within  the  framework  of
the  Community  policy  or  activity  concerned  and
controlled  in  accordance  with  the  applicable  committee
procedure,  if  any.

2.
The  financial  contribution  of  the  Community  for
each  IDA  project  shall  be  determined  in  accordance  with
paragraphs  3  to  7.  This  contribution  does  not  include
any  costs  arising  from  the  continued  use  of  applications
or  specifications  which  contradict  the  priorities  or  the
requirements  of  this  Decision  or  of  Council  Decision
1999/. . ./EC.

Where  no  sectoral  committee  procedure  applies,  the
Community  and  the  Member  States  shall  set  up  sectoral
groups  of  experts  to  examine  these  issues.

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

The  conclusions  resulting  from  sectoral  committees  and
groups of experts shall be reported by the Commission to
the  committee  referred  to  in  Article  8  together  with  its
proposals  for  the  measures  referred  to  in  Article  7.

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.

7.
Each IDA project shall be technically specified with
reference  to  European  standards  or  publicly  available
specifications,  such  as  open  Internet  standards,  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  information
and  communication  technologies  (ICT)  systems  and
services.

The  definition  and  implementation  of  each  IDA
8.
project  shall  build  on  suitable  results  achieved  by  other
relevant  Community  activities, 
the
Community  research  and  technological  development
programmes  and  the  Community  activities  in  the  field  of
trans-European  telecommunication  networks.

in  particular 

(1) See  page  15  of  this  Official  Journal.

5.
The  Community  may  contribute,  in  exceptional
cases and in accordance with the procedure laid down in
Article 8, 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  IDA  projects  or  networks;

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

The  intended  grants  will  be  specified  in  the  IDA  work
programme  for  each  IDA  project  or  network  concerned
and  for  the  current  budgetary  year,  in  terms  of  their
maximum  allowable  value,  the  expected  benefits  to  IDA
projects  and  networks,  the  objectives  to  be  achieved,  the

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beneficiary administrations in the Member States and the
tasks  to  be  financed  by  means  of  such  grants.

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.

The  procedure  set  out  in  Article  8  shall  apply  in
4.
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  changes  of  more  than  EUR
250 000  per  project  line  within  a  year,  shall  also  be
subject  to  this  procedure.

Community  funding  under  this  Decision  shall  cease
6.
upon completion of the implementation phase of an IDA
project; however, further funding may exceptionally, and
in accordance with the procedure laid down in Article 8,
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.

8.
The  financial  resources  provided  for  under  this
Decision shall not, in principle, be assigned to projects or
phases  of  projects  which  benefit  from  other  sources  of
Community  funding.

Article  7

Implementation

The  Commission  shall  implement  the  Community

1.
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  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 
this
the 
Decision,  which  the  Commission  shall  draw  up  at  yearly
intervals.  The  IDA  work  programme  shall  include  a
breakdown  of  past  expenditure  by  project  for  the
previous years.

implementation  of 

The  procedure  set  out  in  Article  8  shall  apply  in
3.
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.

5.
The technical specifications of calls for tender to be
issued  in  the  implementation  of  this  Decision  shall,  for
contract  values  in  excess  of  EUR  500 000,  be  defined  in
coordination  with  the  Member  States.

Article  8

Committee  procedure

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

shall  be  called 

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  shall  defer  application  of 

the
measures  which  it  has  decided  for  a  period  of  three
months  from  the  date  of  communication,

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

The  Commission  shall  report  annually  to  the  TAC

2.
on  the  implementation  of  this  Decision.

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Article  9

Review  and  evaluation

The  Commission  shall,  in  coordination  with  the
the

1.
Member  States,  carry  out  an  evaluation  of 
implementation  of  this  Decision  at  two-yearly  intervals.

The  evaluation  shall  establish  the  progress  and
interest

2.
current  status  of  the  projects  of  common 
identified  in  the  Annex.

The  evaluation  shall  also  examine,  in  the  light  of  the
expenditure  incurred  by  the  Community,  the  benefits
yielded  by  IDA  networks  to  the  Community  for  the
advancement  of  common  policies  and 
institutional
cooperation,  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.

3.
The Commission shall forward its evaluation to the
European Parliament and the Council, once the TAC has
examined  it,  together  with  any  appropriate  proposal  for
the  amendment  of  the  Annex.  The  evaluations  shall  be
forwarded  no  later  than  the  draft  budget  for  the  years
2001,  2003  and  2005  respectively.

relevant  provisions  of  Community  legislation  governing
the  implementation  of  those  sectoral  networks,  ensure
that  paragraphs  2  to  6  are  complied  with.

The  other  sectoral  networks  shall  make  use  of  the
2.
horizontal  actions  and  measures  undertaken  by  the
Community  within  the  framework  of  Council  Decision
1999/. . ./EC,  unless  those  actions  and  measures  are
inappropriate  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,  such  as  open  Internet
standards,  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.

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

development 

programmes 

and 

Article  10

A  post-implementation  review  of  each  of  the  other

5.
sectoral  networks  shall  be  carried  out.

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  and  Cyprus  in
projects  of  common  interest  which  are  relevant  to  such
agreements.

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

In 

the 

implementation  of 

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

7.
By  . . . (*),  and  at  yearly  intervals  thereafter,  the
Commission  shall  forward  to  the  TAC  a  report  on  the
implementation  of  paragraphs  1  to  6.  In  that  report,  the
Commission  shall  specify  any  relevant  user  requirements
that  prevent  other  sectoral  networks  from  making  use  of
generic  services  under  paragraph  2,  and  discuss  the
possibility of upgrading those generic services in order to
meet  those  user  requirements.

Article  11

Other  sectoral  networks

Article  12

Financial framework

1. With regard to the establishment or enhancement of
all  other  sectoral  networks  which  are  not  IDA  projects
(hereinafter  ‘other  sectoral  networks’),  Member  States
in  accordance  with  the
and  the  Community  shall, 

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

(*) Two  months  after  the  entry  into  force  of  this  Decision.

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

Article  14

Addressees

Article  13

Entry  into  force

Done  at  . . .

This  Decision  is  addressed  to  the  Member  States.

This Decision shall be published in the Official Journal of
the  European  Communities.  It  shall  enter  into  force  on
the  day  that  of  its  publication  and  shall  apply  until
. . . (*).

For  the  European
Parliament

The  President

For  the  Council

The  President

(*) 31  December  of  the  fifth  year  after  the  entry  into  force  of

this  Decision.

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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. Development  and  implementation  of  telematic  networks  supporting  EMU  and  Community  policies
and activities (in accordance with section B), inter-institutional information exchange (in accordance
with  section  C),  as  well  as  the  globalisation  of  IDA  networks  (in  accordance  with  section  D).

2. Continuation  and  enhancement  of  sectoral  projects  and  networks  undertaken  under  Council

Decision  95/468/EC,  with  the  exception  of  the  networks  referred  to  in  section  E.

3.

4.

5.

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

Implementation of networks in the field of policies related to the free movement of persons, insofar
as  they  are  required  to  support  the  action  of  the  Community  and/or  the  Member  States  under  the
Treaty  establishing  the  European  Community.

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, inter alia, in protecting the life and health of humans, animals
and  plants,  the  rights  of  European  consumers,  or  the  fundamental  interests  of  the  Community.

B. Specific  networks  supporting  EMU  and  Community  policies  and  activities

1. Telematic networks concerning economic and monetary policy, notably to facilitate the monitoring

of  compliance  with  convergence  criteria  and  the  introduction  of  the  euro.

2. Telematic  networks  concerning  the  enlargement  of  the  European  Union,  notably  through  the
implementation of efficient electronic communication between, on one side, the translation services
of  the  Commission  and  the  Council  and,  on  the  other  side,  the  temporary  translation/revision
offices  that  may  be  set  up  in  each  candidate  country.

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

4. Telematic  networks  concerning  Community  funding,  notably  to  create  an  interface  to  existing
Commission databases in order to facilitate the access of European organisations, and particularly
SMEs,  to  Community  sources  of  funding.

5. Telematic  networks  in  the  area  of  statistics,  notably  regarding  the  collection  and  dissemination  of

statistical  information.

6. Telematic  networks  in  the  area  of  publication  of  official  documents.

7. Telematic  networks  in  the  agricultural  and  fisheries  sectors,  notably  regarding  support  for  the
management of agricultural markets and structure, more efficient financial management, exchange
of  farm  accounts  data  (RICA)  between  national  agencies  and  the  Commission,  and  the  fight
against  fraud.

8. Telematic  networks  in  the  industry  sector,  notably  concerning  the  exchange  of  information
between  administrations  in  charge  of  industrial  affairs,  and  between  such  administrations  and

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industry federations, for the exchange of data regarding automobile type-approval data interchange
between  administrations,  as  well  as  services  to  simplify  and  improve  the  process  of  administrative
form filling.

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

10. Telematic  networks  in  the  area  of  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.

11. Telematic  networks  in  the  transport  sector,  notably  for  the  support  of  the  exchange  of  data

concerning  drivers,  vehicles  and  transport  operators.

12. Telematic networks in the area of tourism, environment, consumer protection and consumer health

protection  for  the  support  of  the  exchange  of  information  between  Member  States.

C.

Inter-institutional  networks

Telematic  networks  in  support  of  the  inter-institutional  exchange  of  information,  notably:

1.

in  support  of  the  Community  decision-making  process  and  Parliamentary  questions;

2.

3.

for  the  setting  up  of  the  necessary  telematic  links  between  the  Commission,  European  Parliament,
other  European 
institutions  and  the  Council  (including  the  site  of  the  European  Union
Presidency-in-office  and  the  permanent  Representations  of  the  Member  States);

in  facilitation  of  multilingualism  in  inter-institutional  information  exchanges,  by  means  of
translation  workflow  management  and  translation  support  tools,  the  sharing/exchanging  of
multilingual  resources,  and  the  organisation  of  common  access  to  terminology  databases;

4.

for  document  sharing  between  European  agencies  and  bodies  and  the  European  institutions.

D. Globalisation  of  IDA  networks

Extension of IDA networks to the EEA, EFTA, CEECs and other associated countries, as well as to G7
countries  and  international  organisations,  in  particular  regarding  the  social  security,  healthcare,
pharmaceutical  and  environmental  telematic  networks.

E. Other  sectoral  networks

The  projects  which  were  previously  funded  by  the  IDA  programme  and  which  now  have  their  own
Community funding nevertheless fall within the group ‘other sectoral networks’ referred to in Article 11
of  the  Decision.

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I.

INTRODUCTION

1. On  16  December  1997,  the  Commission  submitted  a  proposal  for  a  European
Parliament and Council Decision relating to guidelines for trans-European networks for
the  electronic  interchange  of  data  between  administrations  (IDA).

The  proposal  is  based  on  Article  129d,  first  paragraph  of  the  EC  Treaty.

2. The  European  Parliament  delivered  its  first-reading  opinion  on  18  November  1998.

The  Economic  and  Social  Committee  delivered  its  opinion  on  29  April  1998.

The  Committee  of  the  Regions  adopted  its  opinion  on  14  May  1998.

Further  to  the  European  Parliament’s  opinion,  the  Commission  submitted  an  amended
proposal  on  16  December  1998.

3. The  Council  adopted  its  common  position,  under  Article  189b  of  the  Treaty,  on

21  December  1998.

II. OBJECTIVE

Thepurpose  of  this  draft  Decision,  together  with  a  draft  Council  Decision  on
interoperability,  is  to  provide  for  a  second  phase  of  the  IDA  programme.  A  first  IDA
programme (Decision 95/468/EC), which was subsequently annulled by the Court of Justice
in  May  1998  due  to  an  incorrect  legal  base,  expired  at  the  end  of  1997.

This  Decision  establishes  a  general 
telematic  networks  between
administrations, setting out the objectives, priorities, broad lines for implementation and the
financial  framework.  It  also  identifies  projects  of  common  interest  in  the  sphere  of
trans-European  networks  for  the  interchange  of  data  between  administrations.

framework 

for 

These two Decisions together aim to ensure better programme management as well as better
project  results  and  to  shift  the  focus  from  development  of  network  infrastructures  to
providing  coordination  and  support  to  the  various  sectoral  administrations.

III. THE  COMMON  POSITION

A. General  comments

The  Council’s  common  position  is  in  line  with  the  objectives  and  the  content  of  the
Commission  proposal.

B. Specific  comments

Although  the  Council  considered  that  a  number  of  changes  had  to  be  made  to  the
Commission’s  proposal,  these  changes  do  not  substantially  alter  the  objectives  nor  the
content  of  the  proposal.  The  main  modifications  are  summarised  hereafter:

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1. P r i n c i p a l   c h a n g e s   m a d e   t o   t h e   C o m m i s s i o n   p r o p o s a l

(i) Scope  (Article  1)

The  Council  considered  it  useful  to  specify  in  paragraph  1(a)  that  any  new
measures  should  take  into  account  work  already  underway  in  the  existing
Community  or  Member  States’  programmes.  A  new  recital  was  also  inserted
relating  to  the  convergence  of  networks  towards  a  common  telematic
interface.

(ii) Definitions  (Article  2)

The Council extended the definition of a ‘sectoral network’ to include a set of
services  and  applications.

(iii) Projects  of  common  interest  (Article  3)

The Council deleted paragraph 3 as it considered that it was not necessary to
refer  to  the  financial,  technical  and  management  resources  needed  for
implementing projects.

(iv) Priorities  (Article  4)

The  Council  wished  to  give  overall  priority  to  projects  which  enhanced  the
economic  viability  of  public  administrations,  EC  institutions,  Member  States
and  the  regions.

(v) Broad  lines  (Article  5)

A  number  of  changes  were  made  to  this  article  in  order  to  clarify  the
conditions relating to the implementation of IDA projects and in particular to
strengthen  the  role  of  the  sectoral  committees.  In  addition,  the  Council
inserted  a  reference  to  anticipated  costs  and  benefits  in  paragraph  4  and
specified  that  the  post-implementation  review  would  include  cost-benefit
analysis.

(vi) Community  financial  contribution  (Article  6)

The  Council  has  changed  the  wording  in  paragraphs  5  and  6  to  specify  that
the Community should only contribute to the costs of IDA projects by direct
grants in exceptional circumstances and that any funding after completion of
the  implementation  phase  should  be  in  accordance  with  the  comitology
procedure  in  Article  8.

The Council also deemed it necessary to state that projects which are already
funded  by  the  Community  should  not  benefit  from  financial  resources
provided for by the IDA II programme. The Council also sought to clarify in
a  recital  that  Member  States  should  bear  the  cost  incurred  by  their  own
implementation  of  IDA  projects  and  services.

(vii)

Implementation  (Article  7)

The Council considered it useful to specify in paragraph 2 that the IDA work
programme shall include a breakdown of past expenditure by project for the
previous years. Moreover, the Council has inserted two new paragraphs with
a  view  to  applying  the  Article  8  procedure  to  the  breakdown  of  yearly
budgetary  expenditure  and  to  requiring  technical  specifications  of  calls  for
tender  for  contracts  over  a  certain  threshold  to  be  defined  in  coordination
with  the  Member  States.

(viii) Committee  procedure  (Article  8)

The  Council  has  replaced  the  IIa  committee  procedure  proposed  by  the
Commission  by  a  IIb  committee  procedure.

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(ix) Review  and  evaluation  (Article  9)

The Council has changed the evaluation period of two years and has specified
when  the  Commission  should  forward  such  evaluations.

(x) Other  sectoral  networks  (Article  11)

With  a  view  to  ensuring  consistency  of  other  sectoral  networks  with  IDA
projects,  the  Council  has  inserted  a  new  paragraph  7  which  provides  for  a
detailed  yearly  report  on  implementation  including  information  on  any  user
requirements that prevent other sectoral networks from making use of generic
services.

(xi) Entry  into  force  (Article  13)

The  Council  considered  it  advisable  to  set  an  expiry  date  for  this  Decision
and has specified that it shall apply until the end of the fifth year after entry
into  force  of  the  Decision.

(xii) Projects  of  common  interest  (Annex)

The Council, in conjunction with the Commission, has changed the structure
of the Annex and has made some editorial adjustments for the sake of clarity.
It has also sought to provide a more comprehensive list of telematic networks
under  B.

The  Council  also  considered  it  expedient  not  to  specifically  refer  to  the
networks  which  were  previously  funded  by  the  IDA  programme  and  which
are  now  excluded  from  the  new  programme,  such  as  Transit,  SCENT
CIS/Fiscal.

2. C o u n c i l   p o s i t i o n   o n   t h e   E u r o p e a n   P a r l i a m e n t ’ s   a m e n d m e n t s

(i) Amendments  included  in  the  common  position

The Council accepted nine amendments (Nos 1, 2, 4, 7, 8, 9, 12, 15 and 18) as
the  principle  of
proposed  by 
amendment  6.

the  European  Parliament  as  well  as 

(ii) Amendments  not  incorporated  into  the  common  position

In declining to include amendments Nos 3, 5, 11, 13, 19 (first part) and 20 in
its  common  position,  the  Council  endorsed  the  Commission’s  position  as  set
out  in  its  amended  proposal.

As regards the remaining amendments, the Council was guided by the following
considerations:

— amendments  Nos  10  and  21:  although  the  principle  of  these  amendments
was  accepted,  they  (as  currently  drafted)  created  a  legal  difficulty  with
regard  to  the  question  of  granting  residency  status,

— amendment  No  14:  having  broadened  the  scope  of  Article  9  to  include  a
general  evaluation  of  the  implementation  of  the  Decision  and  having  set  a
time  schedule  for  submission  of  such  evaluations  in  paragraph  3  of  this
article,  it  was  considered  that  the  Parliament’s  concerns  had  already  been
taken  into  account  in  the  common  position,

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— amendment  No  16:  as  the  Council  had  already  set  a  time  limit  for  the

Decision,  this  amendment  was  no  longer  necessary,

— amendment No 17: the Council did not consider that such a provision was
necessary  and  was  reluctant  to  create  a  new  legal  precedent  in  this  area,

— amendments  Nos  22,  23,  24:  some  aspects  had  already  been  incorporated
into the common position, but as the Council has modified the structure of
the Annex the wording of these amendments was no longer pertinent to the
text  of  the  common  position.