Report from the Commission to the European Parliament and the Council on the evaluation of the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) in accordance with Art. 39 of the establishing Regulation (EU) 2018/1726
Date: 2023-08-18
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: area of freedom, security and justice



IMMC.Ares%282023%295668221.ENG.xhtml.PART-2023-625218V1.docx





















CALL FOR EVIDENCE; FOR AN EVALUATION / FITNESS CHECK 











Title of the evaluation




European Union Agency for the Operational Management of Large-Scale IT Systems (eu-LISA) – evaluation






Lead DG – responsible unit 




DG HOME






Indicative timetable (planned start date and completion date)




The study will be conducted between Q2-2023 and Q4-2024






Additional information




https://www.eulisa.europa.eu/






A. Political context, purpose and scope of the evaluation






Political context






The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) was established by Regulation (EU) No 1077/2011
1
 and started operations on 1 December 2012. 


Following an evaluation of the agency
2
, its mandate was updated under Regulation (EU) 2018/1726
3
 (the eu-LISA Regulation) to ensure that it is fit for purpose. The agency’s legal basis was amended, with the eu-LISA Regulation strengthening the agency’s capacity to improve, design and develop information systems for European security, border management and migration. It also broadens its scope on research, innovation, testing and the possibility to help develop pilot projects and proofs of concept. eu-LISA’s mission is to establish a coordinated, cost-effective and coherent IT environment at EU level in the area of freedom, security and justice. To achieve this, the eu-LISA Regulation defines the agency’s objectives, tasks and structure. These elements, alongside the management of resources, are the main aspects that determine its performance. 


The agency’s objective is to manage large-scale IT systems (SIS
4
, VIS
5
 and Eurodac
6
) as well as prepare and develop new systems (EES
7
, ETIAS
8
, JITs collaboration platform
9
 and ECRIS-TCN
10
). It is in the process of taking over the computerised system for the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters (the e-CODEX system) from a consortium of Member States and other bodies. 


Under Article 39 of the eu-LISA Regulation, the Commission is required to carry out an evaluation of eu-LISA. It must report to the European Parliament, the Council and to the Management Board on the findings of the evaluation. The findings must be made public.






Purpose and scope






The main objective of the evaluation is to look into how to improve the functioning of eu-LISA and how to increase its added value.


The evaluation should focus on (i) Mandate, tasks and objectives: whether the current mandate provides the most appropriate framework for the agency to deliver its core tasks, and how the number of tasks entrusted to eu-LISA influences the overall performance; (ii) Structure and governance: how the structure and geographical locations impact on the agency delivering its core tasks, as well as its overall coordination; (iii) Management of resources: the division of resources between the different locations, including the option of functional clustering, and analysis in particular of eu-LISA’s outsourcing strategy.


In line with the Commission’s Better Regulation Guidelines, the evaluation will also address the following aspects: 


·effectiveness: the extent to which eu-LISA achieved its objectives and fulfilled the tasks entrusted to it; 


·efficiency: the costs (financial, human resources, time, expertise) incurred by the agency to achieve the results, and the way they were allocated and managed in terms of both finances and operations;


·relevance: whether eu-LISA’s objectives and activity correspond to current and future needs and challenges;


·coherence: the extent to which the legal framework applicable to eu-LISA is coherent with its objectives;


·added value: the benefits that eu-LISA brings by fulfilling its tasks and objectives in terms of efficiency and effectiveness.



The evaluation will cover the period between the adoption of the eu-LISA Regulation and the completion of the assessment.






B. Better regulation






Consultation strategy 






The call for evidence will be launched without a public consultation. For this evaluation, a public consultation is not considered appropriate because of the agency’s highly technical mandate. Extensive targeted consultations of relevant stakeholders are planned during the evaluation process. These consultations will aim to gather evidence in order to identify shortcomings, gaps and possible improvements to eu-LISA’s mandate.






Data collection and methodology






Data collection and assessments will cover the period from the last evaluation until the request for service has been finalised.


The evaluation should take into account the following sources: 


·targeted consultations of relevant stakeholders (relevant authorities in the Member States, the Commission and EU agencies/bodies);


·eu-LISA’s single programming documents, and the Commission’s opinion on these documents;


·the agency’s annual activity reports; 


·the Court of Auditors reports; 


·the Commission’s 2016 evaluation report; 


·the outcomes of eu-LISA’s benchmarking exercise in 2022;


·the agency’s outsourcing strategy; 


·additional information and data from eu-LISA, the Commission, the Member States or other relevant stakeholders (e.g. the body managing the e-CODEX system under Article 10 of Regulation (EU) 2022/850).


The methodology will involve a preparatory phase, followed by fieldwork to collect relevant information and data. There will then be an analysis of the relevant information gathered. Different methods will be used, such as qualitative analysis and the quantitative assessment of actual costs and benefits of the revision. The evaluation is required to take into account the results of the previous evaluation in 2016. The Commission will select an external contractor to carry out a study that should help establish the evidence base for the Commission’s evaluation.





   






(1)


 OJ L 286, 1.11.2011.




(2)


 SEC(2009) 837.




(3)


 OJ L 295, 21.11.2018.




(4)


 OJ L 312, 7.12.2018 regulating the Schengen Information System II for the return of illegally staying third-country nationals, border checks, police and judicial cooperation in criminal matters.




(5)


 OJ L 218, 13.8.2008, OJ L 248, 13.7.2021 regulating the Visa Information System on short-stay and long-stay visas, as well as resident permits.




(6)


 OJ L 180, 29.6.2013 regulating the European Dactyloscopy Database for the comparison of fingerprints for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person.




(7)


 OJ L 327, 9.12.2017 regulating the entry/exit system to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States.




(8)


 OJ L 236, 19.9.2018 regulating the European Travel Information and Authorisation System applicable to third-country nationals exempt from the visa requirement.




(9)


 COM(2021) 421 final proposing a collaboration platform for Joint Investigation Teams.




(10)


 OJ L 135, 22.5.2019 regulating the European Criminal Records Information System on third-country nationals to identify Member States holding conviction information on third-country nationals and stateless persons.