1720/1999/EC: Decision 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)
Date: 1999-07-12
Institutions: Council of the European Union, European Parliament
Subjects: access to information, administrative cooperation, electronic mail, exchange of information, telecommunications, trans-European network

3. 8. 1999

EN

Official Journal of the European Communities

L 203/9

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)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

security evaluation criteria within evaluation and certi-
fication schemes;

Having regard to the Treaty establishing the European
Community, and in particular Article 156 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
Regions (3),

the Committee of

the

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

(1) Whereas the Council,

in its resolution of 20 June
1994 (5), emphasised the need for coordination with
regard to information exchange between administra-
tions;

(2) Whereas the Council, in its resolution of 21 November
1996 (6), established new policy priorities regarding the
information society;

(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 develop-
ment and application of new information and communi-
cation 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 guide-
lines for the development of Euro-ISDN as a trans-Euro-
pean network;

(7) Whereas the European Parliament and the Council, in
Decision No 1336/97/EC (9), adopted a series of guide-
lines for trans-European telecommunication networks;

(9) Whereas, in order to establish economic and monetary
union, to implement Community policies and activities
and to support communication between the Community
institutions and bodies, there is a need to establish inte-
grated data communications systems between adminis-
trations, hereinafter referred to as ‘telematic networks';

(10) Whereas

such networks must

link the information
systems, both existing and future, of the Member State
administrations and the Community across Europe and
are,
telecommunication
networks for administrations;

trans-European

therefore,

(11) Whereas

the effective linkage of

such information
systems requires a maximum degree of interoperability
between the various systems and their components;

(12) 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 to increase the bene-
fits of such networks;

(13) Whereas an enhanced interface with public administra-
tions will encourage citizens of the European Union to
reap the benefits of the information society;

(14) Whereas the elimination of obstacles to communication
between public administrations and the private sector is
an important factor for the prosperity and competitive-
ness of Community industry;

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

(8) Whereas the Council, in its recommendation of 7 April
1995 on common information technology security
evaluation criteria (ITSEC) (10), recommended the use of

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

(1) OJ C 54, 21.2.1998, p. 12 and OJ C 10, 14.1.1999, p. 8.
(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, p. 74), Council Common Position of 21 December
1998 (OJ C 55, 25.2.1999, p. 15) and Decision of the European
Parliament of 13 April 1999 (OJ C 219, 30.7.1999). Council Deci-
sion of 21 June 1999.
(5) OJ C 181, 2.7.1994, p. 1.
(6) OJ C 376, 12.12.1996, p. 1.
(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.
(10) OJ L 93, 26.4.1995, p. 27.

(17) Whereas, in order to make efficient use of the Commu-
nity’s financial resources, it is necessary to avoid need-
less proliferation of equipment, repetition of investiga-
tions and diversity of approach;

(18) Whereas common tools and techniques for sectoral
network applications can, inter alia, be related to docu-
ment management and dissemination, data gathering,
multilingual user interfaces and security of electronic
communication;

L 203/10

EN

Official Journal of the European Communities

3. 8. 1999

(19) Whereas cost-efficiency, responsiveness, flexibility and
adaptability to technological change in the establishment
and operation of such networks can best be achieved by
embracing
a market-oriented approach and thus
selecting suppliers on a competitive basis in a multi-
vendor environment;

HAS DECIDED AS FOLLOWS:

Article 1

Scope and objectives

(20) Whereas

any measures

interoperability
between and access to such networks must maintain a
judicious balance between satisfying common require-
ments and preserving national specificities;

to ensure

(21) Whereas there is thus a need to carry out specific hori-
zontal actions and measures in order to ensure intero-
perability between such networks;

(22) Whereas,

in accordance with the principles of subsi-
diarity and proportionality established by Article 5 of
the Treaty the objective of carrying out such horizontal
actions and measures 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;

(23) Whereas the implementation of the Agreement on the
European Economic Area and the Association Agree-
ments with the European Community requires a high
degree of interoperability within and across the relevant
telematic networks;

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

(25) Whereas the measures aimed at ensuring the interoper-
ability of telematic networks between administrations
are in accordance with the priorities adopted in relation
to the guidelines for trans-European telecommunications
networks;

(26) Whereas actions have been carried out under Council
Decision 95/468/EC of 6 November 1995 on a
Community contribution for telematic interchange of
in the Community
data between administrations
(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;

(27) Whereas this Decision establishes a financial framework
which should be the principal point of reference, within
the meaning of point 1 of the Declaration by the Euro-
pean Parliament, the Council and the Commission of 6
March 1995 (2),
for the budgetary authority for the
purposes of the annual budgetary procedure,

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

1.
The Community shall act in the field of trans-European
telematic networks for administrations and shall take the meas-
ures set out in this Decision with the following objectives:

(a) the achievement of a high degree of interoperability, within
and across different administrative sectors and, where
appropriate, with the private sector, between the telematic
networks established in the Member States and between the
Community and the Member States in order to support the
establishment of economic and monetary union and to
implement the Community policies and activities referred
to in Articles 3 and 4 of the Treaty taking into account
work already under way in the existing Community or
Member State programmes;

(b) the convergence of such networks towards a common
telematic interface between the Community and the
Member States;

(c) the achievement of substantial benefits for Member State
administrations and the Community by streamlining opera-
tions, reducing maintenance, speeding up implementation
of new networks and enhancements, achieving an overall
secure and reliable interchange of data, as well as the
achievement of greater cost-efficiency, responsiveness, flexi-
bility and adaptability to technological change and market
evolution in the establishment and operation of such
networks;

(d) the extension of

the benefits of

mentioned in the previous paragraph,
industry and citizens of the European Union;

such networks, as
to Community

(e) the promotion of

the spread of best practice and the
encouragement of the development of innovative telematic
solutions in administrations.

2.

This Decision forms part of the IDA programme.

Article 2

Definitions

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

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

3. 8. 1999

EN

Official Journal of the European Communities

L 203/11

(c) ‘generic services': telematic network functionalities which
meet common user requirements, such as data collection,
data dissemination, data exchange, and security. The char-
acteristics of each service shall be clearly specified and
associated with a guaranteed level of quality.

Article 3

Horizontal actions and measures

1.
In order to achieve the objectives laid down in Article 1,
the Community shall undertake horizontal actions and meas-
ures, as provided for by Articles 4 to 10, in support of sectoral
networks and in accordance with the IDA work programme.

For

each action or measure

2.
this
Decision, the IDA work programme shall contain, as appro-
priate:

envisaged under

— a complete description of the intended actions, including
their objectives, scope, rationale and potential beneficiaries,
as well as the anticipated costs and benefits,

— a complete description of the functionalities and of the

technical approach;

— a detailed plan for its implementation, specifying the indi-

vidual tasks and their sequence.

3.
Implementation of the horizontal actions and measures
shall include feasibility studies and demonstrations, the estab-
lishment of working groups of Member State and Community
experts, and the procurement of goods and services for the
Community, as appropriate.

4.
The implementation of the horizontal actions and meas-
ures shall build on suitable results achieved by other relevant
Community activities,
in particular the Community research
and technological development programmes and Community
activities in the field of
trans-European telecommunication
networks.

5.
Horizontal actions and measures shall make reference to
European standards or publicly available specifications, such as
open Internet standards, as appropriate, in order to ensure a
and
high degree of
Community systems within and across administrative sectors
and with the private sector. Account shall be taken of guide-
lines and support tools in the area of standardisation in public
procurement for information and communication technologies
(ICT) systems and services.

between national

interoperability

2. With the aim of enabling sectoral network users to iden-
tify their technical requirements and making available the suit-
able choice of common generic services that meet sectoral user
requirements, the Community shall,

in particular:

(a) define architecture guidelines for the sectoral networks
designed to ensure interoperability between the various
physical

infrastructures and services;

(b) define and publish the specifications of the generic services
which are commonly required by telematic networks
between administrations,
including the quality of service
and the relevant interoperability requirements imposed by a
multi-vendor and competitive environment;

(c) identify and/or specify appropriate standard interfaces to
encourage portability and replicability of application devel-
opments;

(d) define and implement a mechanism through which the
degree of interoperability between the services offered by
the telematic service providers can be assessed and
published;

(e) ensure a sustained evolution of common requirements and
a continued monitoring of the telematics services offered
by the said providers.

Article 5

Common tools and techniques

The Community shall ensure that common tools and tech-
niques for sectoral network applications are acquired from the
market or are developed if the market cannot appropriately
support the requirement with the aim of reducing the overall
costs associated with application development, rationalising
and improving technical solutions, decreasing the time required
for the implementation of operational systems, and stream-
lining system maintenance.

For this purpose, the Community shall
identify and specify,
within sectoral networks, fundamental and recurring function-
alities which can form the basis of common tools and tech-
niques or modules.

It shall also encourage the development and use of such
common tools and techniques and modules by sectoral
networks; in particular, the spread of suitable solutions which
are developed within a sectoral network shall be ensured.

Article 4

Generic services

Article 6

Information content interoperability

1.
The Community shall adopt all necessary measures in
order for a suitable choice of common generic services that
meet sectoral user
requirements to be made available to
sectoral networks on a competitive basis in a multi-vendor
environment. These measures shall include the continuation of
suitable measures undertaken under Decision 95/468/EC as
appropriate.

1.
The Community shall encourage interoperability in terms
of the content of the information which is exchanged within
and across administrative sectors and with the private sector.
For this purpose, and subject to the legal, security, data protec-
tion, and confidentiality requirements of the sectoral users, the
Community shall adopt appropriate measures and, in partic-
ular, the following:

L 203/12

EN

Official Journal of the European Communities

3. 8. 1999

(a) support

for

the efforts of

the
Member States to ensure such interoperability, simplify
administrative procedures and improve information flows;

the administrations of

(b) coordination of the requirements of sectoral networks for
formatted information exchange, and the ensuring of the
spread of suitable solutions;

(c) the monitoring of suitable technological developments in
the field of electronic data communication, including inno-
vative data collection and presentation mechanisms, invest-
igation of their impact and encouragement of their adop-
tion by sectoral networks.

2.
For the purpose of paragraph 1, solutions facilitating
interoperability between different message formats shall be
preferred to, but not exclude, the development of harmonised
message formats. Due consideration shall be given to the
linguistic diversity in the Community.

Solutions allowing the private sector to integrate administrative
requirements easily into business processes
shall also be
favoured.

Article 8

Quality assurance and control

The Community, taking into account the results of similar
actions, shall define,
implement, and continuously update a
specific, consistent, integrated quality programme, which shall
apply to the horizontal actions and measures under this
Decision and to the projects of common interest under
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) (1). That quality programme
shall

include the necessary actions to:

(a) improve the manner in which user requirements and

project specifications are established;

(b) improve the quality of project deliverables, both in terms of
compliance with project specifications and in terms of
satisfaction of user expectations;

(c) ensure that the experiences gained are learning experiences
and are disseminated through the spread of best practice
described in Article 10.

Article 7

Article 9

Reference legal and security practices

Interoperability with national and regional initiatives

Without prejudice to the competence and specific obligations
of the Member States in the areas covered by this Article, the
Community shall contribute to the identification of barriers
that impede the smooth exchange of data between network
users and shall ensure an appropriate degree of security within
sectoral networks. In particular, the Community shall:

(a) identify, in cooperation with the Member States, reference
legal and security practices for the trans-European inter-
change of data between administrations and between
administrations and the private sector, in order to facilitate
a common approach;

(b) issue appropriate recommendations to support the efforts
of the Member States to apply these practices referred to in
(a) within their own administrative environments;

(c) ensure, with regard to sectoral networks and in accordance
with the practices referred to in (a): the recognition, within
the administrative environment of the Community, of the
evidential value of the data exchanged; the establishment of
a methodology for the protection of personal data; the
definition of the rights and responsibilities of the users; the
integrity, authentication and non-repudia-
confidentiality,
tion of the information exchanged, as well as measures to
control access to networks;

(d) identify and analyse

security
depending on the nature and purpose of sectoral networks;

the different

levels of

In implementing the IDA programme, the Community shall
endeavour, where appropriate, to facilitate interoperability and
cross-fertilisation with similar national and regional initiatives
relating to the interchange of data between administrations
within the Member States.

Article 10

Spread of best practice

1.
The Community shall ensure coordination and the
exchange of views, knowledge, and experiences within and
across sectoral networks, with a view to encouraging the wider
adoption of good and innovative solutions.

2.
Due consideration shall be given to the linguistic diversity
in the Community. The Community shall ensure general aware-
ness of the achievements and benefits of the IDA programme,
the dissemination of IDA guidelines and recommendations, and
the coordination of user requirements and experiences with
standardisation bodies and Community standardisation-related
initiatives.

Article 11

Implementation

(e) formulate guidelines and provide common solutions for the
tools, components and

choice and implementation of
systems that ensure the identified levels of security.

The Commission shall implement the Community action

1.
set out in Articles 3 to 10.

(1) See page 1 of this Official Journal

3. 8. 1999

EN

Official Journal of the European Communities

L 203/13

The section of the IDA work programme concerning the
2.
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 set out in Article 12.

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

4.
The procedure set out in Article 12 shall also apply in
respect of the approval of the breakdown of the yearly budg-
etary expenditure under this Decision. Proposals for any budg-
etary changes of more than EUR 250 000 per project line
within a year shall also be subject to this procedure.

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

Article 12

Committee procedures

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 committee
shall be
called the Telematics between Administrations
Committee (TAC).

the Commission shall submit

The representative of
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 205(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 communi-
cated 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 on the

2.
implementation of this Decision.

Article 13

Evaluation

1.
The Commission shall, in coordination with the Member
States, carry out an evaluation of the implementation of this
Decision at two-yearly intervals.

2.
The evaluation shall establish the progress and current
status of the horizontal actions and measures provided for in
this Decision.

It shall also examine, in the light of the expenditure incurred by
the Community, the benefits yielded by such horizontal actions
and measures
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.

to the Community,

3.
The Commission shall forward its evaluation to the Euro-
pean Parliament and the Council, once the TAC has examined
it. The Commission shall also submit any appropriate proposal
for the amendment of this Decision. The evaluations shall be
forwarded no later than the draft budget for the years 2001,
2003 and 2005 respectively.

Article 14

Extension to the EEA and associated countries

their

The IDA programme may be opened, within the frame-
1.
work of
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 the horizontal actions and meas-
ures under this Decision.

2.
In the course of implementing this Decision, cooperation
with non-member countries and with international organ-
isations or bodies, as appropriate, shall be encouraged.

Article 15

Financial framework

The financial
framework for Community action under this
Decision for the period 1998-2000 shall be EUR 33,1 million.

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

Article 16

Entry into force

This Decision shall be published in the Official Journal of the
European Communities. It shall enter into force on the day of its
publication and shall apply until 31 December 2004.

Done at Brussels, 12 July 1999.

For the European Parliament

For the Council

The President

J.M. GIL-ROBLES

The President

S. NIINIST(cid:153)