CELEX: 51998PC0786
Language: en
Date: 1998-12-15
Title: Amended proposal for a European Parliament and Council Decision 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)

C 23/8              EN                 Official Journal of the European Communities                                28.1.1999
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
             Amended proposal for a European Parliament and Council Decision 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)Ø(Î)
                                                       (1999/C 23/06)
                                                   (Text with EEA relevance)
                                           COM(1998) 786 final — 97/0340(COD)
             (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 16 December
                                                             1998)
             (Î) OJ C 54, 21.2.1998, p. 3.
                     ORIGINAL TEXT                                                      AMENDED TEXT
                                                      Recital 13a (new)
                                       (based on European Parliament amendment 1)
                                                                   (13a)ÙWhereas Member States should take account of
                                                                         the telematic networks developed in the
                                                                         framework of Community action in the devel-
                                                                         opment of the projects they carry out together in
                                                                         areas that may become included in the EC Treaty
                                                                         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 EC Treaty,
                                                                         and in particular Articles 3d, 7a, 8a and 48
                                                                         thereof:
                                                          Recital 18
                                       (based on European Parliament amendment 2)
(18)ÙWhereas it is essential to maximize interoperability          (18)ÙWhereas it is essential to maximize the use of
     in order to achieve economies of scale and to                      standards, publicly available specifications and
     increase the benefits of such networks;                            public domain applications to ensure seamless inter-
                                                                        operability in order to achieve economies of scale
                                                                        and to increase the benefits of such networks;
 ---pagebreak--- 28.1.1999            EN              Official Journal of the European Communities                                    C 23/9
                      ORIGINAL TEXT                                                      AMENDED TEXT
                                                           Recital 25
                                     (based on European Parliament amendment 4)
(25)ÙWhereas the Council has adopted Decision                      (25)ÙWhereas actions have been carried out under
      95/468/EC on a Community contribution for                          Decision 95/468/EC on a Community contribution
      telematic interchange of data between adminis-                     for telematic interchange of data between adminis-
      trations in the Community (IDA);                                   trations in the Comunity (IDA);
                                                      Recital 26a (new)
                                     (based on European Parliament amendment 6)
                                                                   (26a)ÙWhereas 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 1994Ø(*).
                                                                          (*)ÙOJ C 102, 4.4.1996, p. 1.
                                                         Article 1(2)
                                     (based on European Parliament amendment 7)
2.ÚÙThis Decision forms part of the IDA programme.                 2.ÚÙThis Decision covers all networks under the IDA
                                                                   programme.
                                                         Article 2(c)
                                     (based on European Parliament amendment 8)
(c)Ùa sectoral network is a trans-European telematic               (c)Ùa sectoral network is a trans-European telematic
    network for administrations, devoted to the                        network for administrations, devoted to the
    implementation or the administrative support of one                implementation or the administrative support of one
    particular Community policy or activity which is                   particular Community policy, activity or objective
    hereinafter referred to as an ‘administrative sector’;             which is hereinafter referred to as an ‘administrative
                                                                       sector’;
                                                           Article 4c
                                     (based on European Parliament amendment 9)
(c)Ùsupport communication beween the Community                     (c)Ùencourage inter-institutional cooperation between
    institutions, or                                                   the Community institutions as well as between the
                                                                       latter and national and regional administrations,
                                                                       including national and regional parliaments, or
 ---pagebreak--- C 23/10             EN                Official Journal of the European Communities                               28.1.1999
                      ORIGINAL TEXT                                                     AMENDED TEXT
                                                          Article 4g
                                     (based on European Parliament amendment 10)
(g)Ùotherwise provide a direct benefit to the citizens of         (g)Ùotherwise provide a direct benefit to the citizens or
     the European Union.                                               residents of the European Union.
                                                         Article 6(2)
                                     (based on European Parliament amendment 12)
2.ÚÙThe financial contribution of the Community for               2.ÚÙThe financial contribution of the Community for
each IDA project shall be determined in accordance with           each IDA project shall be determined in accordance with
paragraphs 3 to 7.                                                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 Decision .Ø.Ø.
                                                                  adopting a series of actions and measures in order to
                                                                  ensure interoperability of and access to trans-European
                                                                  networks for the interchange of data between adminis-
                                                                  trations (IDA).
                                                         Article 9(2)
                                     (based on European Parliament amendment 14)
2.ÚÙTwo years after the entry into force of this                  2.ÚÙA qualitative and quantitative evaluation shall be
Decision or any subsequent amendment of the Annex,                carried out after two years of implementation and at
and the three-yearly intervals thereafter, the Commission         three-yearly intervals thereafter. The findings of this
shall, in coordination with the Member States, carry out          evaluation shall be forwarded to the budgetary authority
an evaluation of the implementation of this Decision.             before the first reading of the budget for the financial
                                                                  year 2001.
                                               Article 9(3), 2nd subparagraph
                                     (based on European Parliament amendment 15)
It shall also examine, in the light of the expenditure            It shall also examine, in the light of the expenditure
incurred by the Community, the benefits yielded by IDA            incurred by the Community, the benefits yielded by IDA
networks to the Community, the Member States,                     networks to the Community for the advancement of
Community industry and citizens of the European Union             common policies and institutional co-operation, the
and identify areas for potential improvement and verify           Member States, Community industry and citizens of the
synergy with other Community activities in the field of           European Union and identify areas for potential
trans-European telecommunication networks.                        improvement and verify synergy with other Community
                                                                  activities in the field of trans-European telecommuni-
                                                                  cation networks.
 ---pagebreak--- 28.1.1999          EN                Official Journal of the European Communities                                  C 23/11
                     ORIGINAL TEXT                                                     AMENDED TEXT
                                                        Article 9(4)
                                    (based on European Parliament amendment 16)
4.ÚÙThe Commission shall forward its evaluation to the           4.ÚÙThe Commission shall forward its evaluation to the
European Parliament and the Council together with its            European Parliament and the Council together with a
proposal for the amendment of the Annex.                         proposal for the renewal or amendment of the Annex.
                                                                 In the absence of a decision at the end of the fourth
                                                                 year, the projects in the Annex shall cease to be
                                                                 considered as projects of common interest except in
                                                                 respect of projects for which a Community financial
                                                                 contribution extending beyond that date has been
                                                                 decided prior to the third year.
                                                   Article 10(2a) (new)
                                    (based on European Parliament amendment 17)
                                                                 (2a)ÚÙRevenue paid over by the countries of the
                                                                 European Economic Area, the associated countries of
                                                                 central and eastern Europe and Cyprus shall be entered
                                                                 in the general budget and earmarked for the IDA
                                                                 programme.
                                                       Article 11(2)
                                    (based on European Parliament amendment 18)
2.ÚÙThe other sectoral networks shall make use of the            2.ÚÙThe other sectoral networks shall make use of the
horizontal actions and measures undertaken by the                horizontal actions and measures undertaken by the
Community within the framework of Decision                       Community within the framework of Decision .Ø.Ø.
98/.Ø.Ø./EC adopting a series of actions and measures in         adopting a series of actions and measures in order to
order to ensure interoperability of and access to trans-         ensure interoperability of and access to trans-European
European networks for the interchange of data between            networks for the interchange of data between adminis-
administrations (IDA), to the extent that those actions          trations (IDA), unless those actions and measures are
and measures are appropriate to meet the user                    inappropriate to meet the user requirements of the other
requirements of the other sectoral networks.                     sectoral networks.
                                                       Article 11(6)
                                    (based on European Parliament amendment 19)
6.ÚÙIn the implementation of the other sectoral                  6.ÚÙIn the implementation of the other sectoral
networks the Community shall bear costs in proportion            networks the Community shall bear costs in proportion
to its interest.                                                 to its interest and provided these costs do not arise from
                                                                 the continued use of applications or specifications which
                                                                 contradict the requirements of this Decision.
 ---pagebreak--- C 23/12                EN                  Official Journal of the European Communities                                      28.1.1999
                         ORIGINAL TEXT                                                         AMENDED TEXT
                                                              Annex(A)(3)
                                              (based on European Parliament amendment 21)
3.ÙImplementation of those networks which, within the                  3.ÙImplementation of those networks which, within the
   framework of the Community policies and activities and in              framework of the Community policies and activities and in
   unforeseen circumstances, are urgently required to support             unforeseen circumstances, are urgently required to support
   the action of the Community and the Member States in                   the action of the Community and the Member States in
   protecting the life and health of humans, animals and plants,          protecting the life and health of humans, animals and plants,
   the rights of the European consumers, or the fundamental               the rights of the European consumers, the living conditions
   interests of the Community.                                            of persons residing in the European Union, or the funda-
                                                                          mental interests of the Community.
                                                              Annex(B)(1)
                                              (based on European Parliament amendment 22)
 1.ÙExtension of the communication and management of                    1.ÙExtension of the communication and management of
    official documents project to all exchanges of information             official documents project to all exchanges of information
    between the European institutions and Member State                     between the European institutions and Member State
    Governments and administrations and for the dissemination              Governments and administrations and to the dissemination
    of Commission autonomous acts.                                         of Commission autonomous acts and of all Community
                                                                           legislation and implementing measures by the Commission
                                                                           and the Member States.
                                                             Annex(C)(15)
                                              (based on European Parliament amendment 23)
15.ÙTelematic services for the exchange of information                 15.ÙTelematic services for the exchange of information
    concerning content issues on open networks, to promote the             concerning content issues on open networks, to promote the
    development and free circulation of new audiovisual and                development and free circulation of new audiovisual and
    information services;                                                  information services and ensure the protection of public
                                                                           interest requirements relating to these services;
                                                              Annex(E)(1)
                                              (based on European Parliament amendment 24)
1.ÙImplementation of a telematic link between the Commission,          1.ÙImplementation of a telematic network linking the European
   Council, institutions and the site of the EU Presidency;               institutions and the Governments and Parliaments of the
                                                                          Member States, including a link with the site of the EU
                                                                          Presidency;
 ---documentbreak---                      COMMISSION OF THE EUROPEAN COMMUNITIES
     V '
                                                          Brussels, 15.12.1998
                                                         COM(1998) 786 final
    ' ri
                                                         97/0340 (COD)
 v
    :.-v,
                                    Amended proposal for a
 ••s-'
                  EUROPEAN PARLIAMENT AND COUNCIL DECISION
  •'-?•]
             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.
                                 (Text with EEA relevance)
                  (presented by the Commission pursuant to Article 189 a (2)
                                        of the EC-Treaty)
   "^   """a
•     - *L.U
1
m
 ---pagebreak---  ---pagebreak---                              EXPLANATORY MEMORANDUM
The Commission hereby presents a modified proposal for a European Parliament and Council
Decision 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). The modified proposal incorporates those amendments proposed by the European
Parliament at First Reading which can be accepted by the Commission.
1.   INTRODUCTION
On 12 December 1997, the Commission proposed to the European Parliament and the Council
the adoption of 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). '
This Commission proposal develops a general framework governing the establishment of
telematic networks in support of the Community decision-making process and of Community
policies and activities. It provides the objectives, priorities and broad lines of measures,
establishes a specific financial framework and identifies projects of common interest (cf. an
 129c EC). The guidelines contain rules for harmonised construction of networks, and establish
mechanisms for co-ordination between the Community and the Member Sates.
At the same time, the Commission proposed a series of horizontal actions and measures with the
objective of ensuring the interoperability of these networks. Both decisions together provide a
balanced framework which will form the basis of a second phase of the IDA programme.
The Economic and Social Committee gave a favourable opinion on the 29th April 1998.
The Committee of the Regions gave a favourable opinion on the I4,h May 1998.
   OJC 54, 21.2.1998. p. 3.
                                                10_
 ---pagebreak--- On the 18th November 1998, the European Parliament adopted a favourable resolution at its first
reading with regard to the Commission proposal on a series of guidelines, and proposed 24
amendments.
2.     AMENDMENTS REJECTED
 One of the fundamental principles that must preside over the co-operation between the
 Community and the Member States in the establishment of IDA networks is the equitable share
 of costs. Thus, the Commission cannot accept amendment 11, whicri would establish this cost-
 sharing only between the Community and the European Agencies. Firstly, the agencies do form
 part of the Community. Secondly, excluding the agencies from IDA funding would weaken
 IDA's ability to control and co-ordinate these networks, which are often a key instrument of
 policy implementation. For the same reason, the Commission cannot accept the first pari of
 amendment 19.
 The Commission would like to stress that the Institutions should respect the agreed standard
 texts, especially in respect of the matters covered by the Joint Declaration of the European
 Parliament, the Council and the Commission of 6 March 1995. In respect of committee
  procedures, the initial proposal of the Commission uses the exact wording of Article 2 of the
  Council decision of 13 July 1987 (87/373/CE) in describing the rales governing Procedure 2,
  variant a. Therefore, amendments 3, 5, 13 and 20 will not be incorporated into the amended
  proposal of the Commission.
  3.    AMENDMENTS ACCEPTED
  In amendment 16 (article 9.4), the European Parliament proposed a new second paragraph to the
  effect that the validity of the Annex would be limited to four years, except in respect of projects
  for which a suitable financing scheme extending beyond that date would have been decided
  prior to the third year. The Commission can accept this amendment in substance, as it reinforces
  the principle of periodical revision of the operational priorities. Nevertheless, it has chosen to
 use what it considers a slightly more precise formulation.
 With the above-mentioned reference to standard texts, the Commission has also incorporated
 into its amended proposal the substance of amendment 6.
 Amendments 1, 2, 4, 7, 8, 9, 10, 12, 14,-15, 17, 18, 19 (partly), 21, 22, 23 and 24 have been
 incorporated without adjustment.
 The amendments accepted by the Commission contribute to a clearer motivation of the
 guidelines, to refining the political priorities, to improving both the structural and technical
 coherence of the EDA programme and to making it more transparent. In accordance with Article
 189a paragraph 2 of the EC Treaty, the Commission amends its initial proposal, incorporating
 these amendments.
 ---pagebreak---                                      Amended Proposal for a
                  EUROPEAN PARLIAMENT AND COUNCIL DECISION
                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)
                                     (Text with EEA relevance)
               ORIGINAL TEXT1                                            AMENDED TEXT
                                            Recital 13a (new)
                                  (based on Parliament amendment 1)
                                                          (13a) Whereas Member States should take
                                                                  account of the telematic networks
                                                                  developed in the framework ot
                                                                  Community action in the development
                                                                  of the projects they cany out together
                                                                  in areas that may become included in
                                                                  the EC Treaty as a consequence ot 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 EC Treaty, and in particular
                                                                  Articles 3(d), 7a, 8a and 48 thereof;
                                                 Recital 18
                                  (based on Parliament amendment 2)
(18) Whereas it is essential to maximize                  (18) Whereas it is essential to maximize the
     interoperability in order to achieve                      use of standards, publicly available
     economies of scale and to increase the                    specifications    and' public Join.un
     benefits of such networks;                                applications     to     ensure     seamless
                                                               interoperability in order to achieve
                                                               economies of scale and to increase the
                                                               benefits of such networks;
  OJC 54, 21.2,1998, p. 3.
 ---pagebreak---                                               Recital 25
                                 (based on Parliament amendment 4)
(25) Whereas the Council has adopted                   (25) Whereas actions have been carried out
     Decision 95/468/EC on a Community                       under Decision 95/468/EC on a
     contribution for telematic interchange of               Community contribution for telematic
     data between administrations in the                     interchange      of      data    between
     Community (IDA);                                        administrations in the Community (IDA);
                                           Recital 26a (new)
                                  (based on Parliament amendment 6)
                                                        (26a) 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 18% ol
                                                                the Treaty was concluded oi\ H)
                                                                 December 1994
                                              Article 1(2)
                                  (based on Parliament amendment 7)
 2. This Decision forms part of the IDA                 2. This Decision covers all networks under
programme.                                              the IDA programme.
                                              Article 2(c)
                                  (based on Parliament amendment 8)
(c) a sectoral network is a trans-European              (c) a sectoral network is a trans European
     telematic network for administrations,                  telematic network for administrations,
     devoted to the implementation or the                    devoted to the implementation or the
     administrative support of one particular                administrative support of one particular
     Community policy or activity which is                   Community policy, activity or objective
     hereinafter      referred  to     as    an              which is hereinafter referred to as an
     administrative sector;                                  administrative sector;
  OJC 102,4.4. 1996, p. 1.
 ---pagebreak---                                              Article 4(c)
                                 (based on Parliament amendment 9)
(c) support communication between the                   (c) encourage          inter-institutional      co-
      Community institutions, or                              operation between the Community
                                                              institutions as well as between the latter
                                                              and        national       and        regional
                                                              administrations, including national and
                                                              regional parliaments, or
                                             Article 4(g)
                                 (based on Parliament amendment 10)
(g) otherwise provide a direct benefit to the           (g) otherwise provide a direct benefit to the
      citizens of the European Union.                         citizens or residents of the European
                                                              Union.
                                              Article 6(2)
                                 (based on Parliament amendment 12)
2. The financial contribution of the                    2. The financial contribution of the
Community for each IDA project shall be                 Community for each IDA project shall be
 determined in accordance with paragraphs 3 to          determined in accordance with paragraphs 3 to
 7.                                                     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 ot
                                                        Decision ... adopting a series of actions and
                                                        measures in order to ensure interoperability of
                                                        and access to trans-European networks for the
                                                        interchange of data between administrations
                                                        (IDA).
 ---pagebreak---                                            Article 9(2)
                                (based on Parliament amendment 14)
2. Two years after the entry into force of             2. A qualitative and quantitative evaluation
this Decision or any subsequent amendment              shall be carried out after two years of
of the Annex, and at three-yearly intervals            implementation and at three-yearly intervals
thereafter, the Commission          shall, in          thereafter. The findings of this evaluation
coordination with the Member States, carry              shall be forwarded to the budgetary authority
out an evaluation of the implementation of             before the first reading of the budget for the
this Decision.                                         financial year 2001.
                                   Article 9(3), 2nd subparagraph
                                (based on Parliament amendment 15)
It shall also examine, in the light of the             It shall also examine, in the light of the
expenditure incurred by the Community, the             expenditure incurred by the Community, the
benefits yielded by IDA networks to the                benefits yielded by IDA networks to the
Community, the Member States, Community                Community for the advancement of common
industry and citizens of the European Union            policies and institutional co-operation, the
and identify areas for potential improvement           Member States, Community industry and
and verify synergy with other Community                citizens of the European Union and identify
activities in the field of trans-European              areas for potential improvement and verify
telecommunication networks.                            synergy with other Community activities in
                                                       the         field      of       trans-European
                                                       telecommunication networks.
                                             Article 9(4)
                                (based on Parliament amendment 16)
4. The Commission shall forward its                    4. The Commission shall forward its
evaluation to the European Parliament and the          evaluation to the European Parliament and the
Council together with its proposal for the             Council together with a proposal for the
amendment of the Annex.                                renewal or amendment of the Annex.
                                                       In the absence of a decision at the end of the
                                                       fourth year, the projects in the Annex shall
                                                       cease to be considered as projects of common
                                                       interest except in respect of projects for which
                                                       a Community financial contribution extending
                                                       beyond that date has been decided prior to the
                                                       third year.
 ---pagebreak---                                           Article 10(2a) (new)
                                   (based on Parliament amendment 17)
                                                           2a. Revenue paid over by the countries of
                                                           the European Economic Area, the associated
                                                           countries of central and eastern Europe and
                                                           Cyprus shall be entered in the general budget
                                                           and earmarked for the IDA programme.
                                                Article 11(2)
                                   (based on Parliament amendment 18)
2. The other sectoral networks shall make                  2. The other sectoral networks shall make
use of the horizontal actions and measures                 use of the horizontal actions and measures
undertaken by the Community within the                     undertaken by the Community within the
framework of Decision 98/. . ./EC adopting a               framework of Decision ... adopting a series of
series of actions and measures in order to                 actions and measures in order to ensure
ensure interoperability of and access to                   interoperability of and access to trans-European
trans-European networks for the interchange                networks for the interchange of data between
of data between administrations (IDA), to the              administrations (IDA), unless those actions and
extent that those actions and measures are                 measures are inappropriate to meet the user
appropriate to meet the user requirements of               requirements of the other sectoral networks.
the other sectoral networks.
                                                Article 11(6)
                                    (based on Parliament amendment 19)
6. In the implementation of the other                      6. In the implementation of the other
sectoral networks the Community shall bear                 sectoral networks the Community shall bear
costs in proportion to its interest.                      costs in proportion to its interest and provided
                                                          these costs do not arise from the continued use
                                                          of applications or specifications which
                                                          contradict the requirements of this Decision.
 ---pagebreak---                                           Annex(A)(3)
                                (based on Parliament amendment 21)
    Implementation of those networks                      Implementation of those networks which,
    which, within the framework of the                    within the framework of the Community
    Community policies and activities and in              policies and activities and in unforeseen
    unforeseen circumstances, are urgently                circumstances, are urgently required to
    required to support the action of the                 support the action of the Community and
    Community and the Member States in                    the Member States in protecting the life
    protecting the life and health of humans,             and health of humans, animals and plants,
    animals and plants, the rights of the                 the rights of the European consumers, the
    European consumers, or the fundamental                living conditions of persons residing in
    interests of the Community.                           the European Union, or the fundamental
                                                          interests of the Community.
                                            Annex(B)(l)
                                (based on Parliament amendment 22)
    Extension of the communication and                1.  Extension of the communication and
    management of official documents project              management of official documents project
    to all exchanges of information between               to all exchanges of information between
    the European institutions and Member                  the European institutions and Member
    State Governments and administrations                 State Governments and administrations
    and for the dissemination of Commission               and to the dissemination of Commission
    autonomous acts.                                      autonomous acts and of all Community
                                                          legislation and implementing measures by
                                                          the Commission and the Member States.
                                           Annex (C)(15)
                                (based on Parliament amendment 23)
15. Telematic services for the exchange of            15. Telematic services for the exchange of
    information concerning content issues on              information concerning content issues on
    open networks, to promote the                         open networks, to promote the
    development and free circulation of new               development and free circulation of new
    audiovisual and information services;                 audiovisual and information services and
                                                          ensure the protection of public interest
                                                          requirements relating to these services;
 ---pagebreak---                                    Annex (E)(1) •
                         (based on Parliament amendment 24)
Implementation of a telematic link             1. Implementation of a telematic network
between the Commission, Council,                  linking the European institutions and the
institutions and the site of the EU               Governments and Parliaments of the
Presidency;                                       Member States, including a link with the
                                                  site of the EU Presidency;
 ---pagebreak---                                                                 ISSN 0254-1475
                                                          COM(98) 786 final
                                             DOCUMENTS
EN                                                           15 16 06 01
                                    Catalogue number : CB-CO-98-782-EN-C
Office for Official Publications of the European Communities
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