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source : http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52009PC0293:FR:NOT
COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 24.6.2009
COM(2009) 293 final
2009/0089 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice
{COM(2009) 292 final}{COM(2009) 294 final}
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
1.1. Grounds for and objectives of the proposal
The objective of this proposal for a Regulation is to establish an Agency responsible for the operational management of large-scale information technology ("IT") systems in the area of freedom, security and justice.
The Agency will be responsible for the long-term operational management of the second-generation Schengen Information System (SIS II), the Visa Information System (VIS) and EURODAC. This proposal for a Regulation also aims to lay down the framework for the development and the operational management by the Agency of other large-scale IT systems in application of Title IV of the EC Treaty and potentially for other large-scale IT systems in the area of freedom, security and justice. However, any such integration of further systems will require a specific mandate by the legislator not given by this proposal.
The present legislative package consists of two proposals: this proposal for a Regulation and a proposal for a Council Decision conferring upon the Agency established by this Regulation tasks regarding the operational management of SIS II and VIS in application of Title VI of the EU Treaty. The proposed Regulation covers the first pillar scope of SIS II, VIS and EURODAC. The proposed Decision covers the third pillar scope of SIS II and VIS.
In order to identify the best solution for the long-term operational management of SIS II, VIS and also EURODAC, the Commission has conducted an Impact Assessment.[1] In joint statements accompanying the SIS II and VIS legal instruments[2], the Council and the European Parliament invited the Commission, following an Impact Assessment containing a substantive analysis of alternatives, from the financial, operational and organisational perspective, to present the necessary legislative proposals entrusting an agency with the long term operational management of SIS II and VIS. After the analysis of different options, a new Regulatory Agency was found to be the most feasible alternative for carrying out the tasks of a "Management Authority" for these systems in the long term.
The Agency's core task will be to fulfil the operational management tasks for SIS II, VIS and EURODAC, keeping the systems functioning 24 hours a day, seven days a week, thus ensuring a continuous, uninterrupted flow of data exchange. Beyond these operational tasks, the corresponding responsibilities for adopting security measures, reporting, publishing, monitoring, information, organising specific VIS and SIS II related trainings, implementing pilot schemes upon specific and precise request of the Commission and monitoring of research will be assigned to the Agency. Combining the systems in a joint Agency will make it possible to exploit synergies and share facilities and staff. The Agency's governance structure reflects the existing variable geometry which denotes a heterogeneous group of participating countries (EU Member States with different levels of participation in the information systems and associated countries).
This proposal does not impact on the financial framework for 2007-2013. The legislative financial statement annexed to this proposal is mainly founded on estimates and figures from the impact assessment conducted in 2007. This legislative financial statement is also based on the assumption that this proposal will be adopted in 2010 in order for the Agency to be legally established in 2011 and become a fully fledged Agency able to take over all the tasks related to the operational management of SIS II, VIS and EURODAC and other large-scale IT systems in 2012. In the joint statement accompanying the SIS II and VIS legal instruments the European Parliament and the Council committed themselves to dealing with the proposals on the long term operational management of SIS II and VIS as quickly as possible and to having them adopted in time to allow the Agency to take up fully its activities before the end of a five year period following the entry into force of the SIS II and VIS legal instruments.
Finally, the Council should bear in mind the implications linked to the choice of the location of the Agency.
1.2. General context
Article 61 of the Treaty establishing the European Community (referred to hereinafter as "EC Treaty") requires the adoption of measures aimed at ensuring the free movement of persons, in accordance with Article 14 of the EC Treaty, in conjunction with directly related flanking measures regarding external border controls, asylum and immigration, as well as measures to prevent and combat crime.
On the basis of the Schengen Convention[3], the Schengen Information System (SIS) was established to maintain public policy and public security, including national security. The second-generation Schengen Information System (SIS II) was established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 and Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second-generation Schengen Information System (SIS II)[4]. Its aim is to contribute to ensuring a high level of security within the area of freedom, security and justice of the European Union, including the maintenance of public security and public policy and the safeguarding of security in the territories of the Member States, and to applying the provisions of Title IV of Part Three of the EC Treaty relating to the movement of persons in their territories, using information communicated via this system.
The Visa Information System (VIS) was established by Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)[5]. VIS will enable consulates and other competent authorities of the Member States to exchange visa information for the purposes of facilitating the visa application procedure, preventing 'visa shopping', contributing to the fight against fraud, facilitating checks at external border crossing points and within the Member States, assisting in the identification of third country nationals, facilitating the application of the Dublin Regulation and contributing to the prevention of threats to the internal security of any of the Member States.
The legal instruments establishing and governing the SIS II and VIS provide that the central and back-up central systems are located in Strasbourg, France (CS-SIS and central VIS) and in Sankt Johann im Pongau, Austria (back-up CS-SIS and back-up central VIS), respectively.
EURODAC, a Community-wide information technology system, was created to facilitate the application of the Dublin Convention,[6] which aimed to establish a mechanism for determining responsibility for asylum applications lodged in one of the EU Member States. The Convention was replaced by a Community law instrument, Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (ie. the Dublin Regulation)[7].
The legal frameworks of SIS II, VIS and EURODAC are characterized by variable geometry. On the one hand, Ireland and the United Kingdom participate in EURODAC but are only partly involved in SIS II, and do not participate in VIS, while Denmark is involved in all three systems on a different legal basis. On the other hand, a number of non-EU countries, namely Iceland, Norway, Switzerland and Liechtenstein, are or will be associated with the implementation, application and development of the Schengen acquis , and therefore participate both in SIS II and VIS.
1.3. Existing provisions in the area covered by the proposal
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source : http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52009PC0293:FR:NOT
