JHA, as regards the digital information exchange in terrorism cases - Main contents

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dossier	COM(2021)757 - Amendment of Regulation 2018/1727 Council Decision 2005/671/JHA, as regards the digital information exchange in terrorism ...
document	COM(2021)757
date	October 4, 2023

agreements (with Member states, 3rd Countries, Agencies) and the EU existing legal framework on information exchange, digitalisation and interoperability

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2024: +1; 2025: +1
2* Data Management Officers are needed to participate in the evaluation and selection of the CMS, to assist in the business transformation, requirements analysis and design phases, implementation and acceptance of the new CMS and the integration with other systems (e.g. Hit/No-Hit), projects (e.g. e-CODEX, e-EDES) and the Interoperability Framework projects (SIS II, etc.) and to assure the correct policies and procedures are put in place to govern data created with the implementation of new systems

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2024: +1; 2025: +1

2*Case Support Assistants are needed to manage the significant increase of data volume expected, to perform operational data processing in the CMS (including translations), to manage overview of the life cycle of open cases and to produce ad hoc and regular reports (monthly, annual) and statistics

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2026: +1; 2027: +1
1*Data Management Officer is needed to perform data quality review processes aiming to ensure Eurojust data is high quality, current, complete, unambiguously understood, consistent and available when required

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2026: +1

1*Case Data Analyst is needed due to the expected increase of notifications sent to Eurojust to identify links among ongoing judicial proceedings based on the analysis of the information Eurojust receives from Europol, OLAF, the EPPO and national authorities and to analyse large set of data for judicial coordination purposes

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2026: +1
1*Case Data Analyst is needed to draft (joint) requests addressed to Member States based on the analysis of information exchanged covering all the operational functions listed in article 4(2) of the Eurojust, to detect recurring issues in the use of judicial cooperation tools, to draft suggestions to extend cases to other Member States and opinions on recurrent refusals or difficulties in judicial cooperation and on best place to prosecute

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2027: +1

1*Programme Manager and 1*Project Manager are needed to establish the governance and management of the programme (including communication and risk management, monitoring and progress reporting to the programme board and stakeholders) from set up until closure and to support preventive and evaluative maintenance of the new system

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2024: +2
1*IT Architect is needed to define the high level architecture, design and set up the infrastructure for the implementation of the new CMS and to maintain the technical architecture, connections and systems supporting the new CMS

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2024: +1
1*Business Analyst is needed to perform the requirements analysis, including proof of concept per technical solution and to support preventive and evaluative maintenance of the new system

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2024: +1
1*ICT Security Officer is needed to ensure secure design, implementation and operation of the CMS and secure exchange of data with external systems

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2024: +1
1*Data Protection Specialist is needed to ensure data protection by design and that data protection rules are applied to operational data

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2024: +1
3*ICT Operations Officers are needed for application and IT policy management, for the business transformation of Eurojust processes, to prepare manuals (including delivering training to users) and to administer the Eurojust networks, databases, systems, virtualisation platforms and applications

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2024: +1; 2025: +2
2*Administrative staff are needed to prepare job descriptions, carry out selections and manage the on-boarding, training needs and entitlements of new staff and to manage the tender procedures and ensure budget execution, control and reporting on funds received

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2024: +2
Specific objective no2: To render the data exchange between Member States, Eurojust and 3rd countries more efficient and secure.1*Case Support Assistant is needed to manage the significant increase of data volume expected, to perform operational data processing in the CMS (including translations), to manage overview of the life cycle of open cases and to produce ad hoc and regular reports (monthly, annual) and statistics

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2027: +1;
1*Data Management Officers is needed to perform data quality review processes aiming to ensure Eurojust data is high quality, current, complete, unambiguously understood, consistent and available when required

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2027: +1
1*Legal Officer and 1*Policy Officer are needed to participate in the negotiation by the Commission of international agreements and to negotiate and draft strategic and/or implementing working arrangements with 3rd countries

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2024: +2;
1*Legal Officer is needed to negotiate, draft, evaluate and review of cooperation instruments/cooperation agreements/MoU with partner agencies and bodies

Estimated FTEs needed – additional FTE to be hired per year (not-cumulative):

2025: +1

3.2.3.2.Estimated requirements of human resources

–◻ The proposal/initiative does not require the use of human resources.

–☑ The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full amounts (or at most to one decimal place)

	Year 2024	Year 2025	Year 2026	Year 2027
·Establishment plan posts (officials and temporary staff)
20 01 02 01 and 20 01 02 02 (Headquarters and Commission’s Representation Offices)	1	1	1	1
20 01 02 03 (Delegations)
01 01 01 01 (Indirect research)
10 01 05 01 (Direct research)

• External staff (in Full Time Equivalent unit: FTE) ⁶⁰
20 02 01 (AC, END, INT from the ‘global envelope’)	1	1	1	1
20 02 03 (AC, AL, END, INT and JPD in the Delegations)
Budget line(s) (specify) ⁶¹	- at Headquarters ⁶²
	- in Delegations
01 01 01 02 (AC, END, INT – Indirect research)
10 01 05 02 (AC, END, INT – Direct research)
Other budget lines (specify)
TOTAL	2	2	2	2

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

Officials and temporary staff	Represent the Commission in the ExecutiveBoard of the Agency. Draw up commission opinion on the annual work programme and monitor its implementation. Monitor implementation of the budget. Assist the Agency in developing its activities in line with EU policies, including by participating in experts meetings.
External staff	One SNE will support the officials and temporary staff in the above tasks and assist the Agency in developing its activities in line with EU policies, including by participating in experts meetings

Description of the calculation of cost for FTE units should be included in the Annex V, section 3.

3.2.4.Compatibility with the current multiannual financial framework

The proposal/initiative:

– can be fully financed through redeployment within the relevant heading of the Multiannual Financial Framework (MFF).

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding amounts. Please provide an excel table in the case of major reprogramming.

–☑requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.

Explain what is required, specifying the headings and budget lines concerned, the corresponding amounts, and the instruments proposed to be used.

The proposal requires use of the unallocated margin under the heading 2b of the MFF as follow: on BL 07.1007 – Eurojust – in 2024 – EUR 2,158 million, in 2025 EUR 10,811 million, in 2026 – EUR 10,403 million and in 2027 EUR 9,371 million.

3.2.5.Third-party contributions

The proposal/initiative:

–☑The proposal/initiative does not provide for co-financing by third parties.

–The proposal/initiative provides for the co-financing estimated below:

EUR million (to three decimal places)

	Year N	Year N+1	Year N+2	Year N+3	Enter as many years as necessary to show the duration of the impact (see point 1.6)	Total
Specify the co-financing body
TOTAL appropriations co-financed

3.3.Estimated impact on revenue

–☑    The proposal/initiative has no financial impact on revenue.

–◻    The proposal/initiative has the following financial impact:

–◻    on own resources

–◻    on other revenue

– ◻ please indicate, if the revenue is assigned to expenditure lines

EUR million (to three decimal places)

Budget revenue line:	Appropriations available for the current financial year	Impact of the proposal/initiative ⁶³
		Year N	Year N+1	Year N+2	Year N+3	Enter as many years as necessary to show the duration of the impact (see point 1.6)
Article ………….

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected.

[…]

Specify the method for calculating the impact on revenue.

[…]

(1) Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences (OJ L 253, 29.9.2005, p. 22).
(2) Europol is the EU’s law enforcement agency. Europol supports law enforcement authorities throughout the EU on crime fighting activities in all its mandated areas.
(3) Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA  (OJ L 88, 31.3.2017, p. 6).
(4) Cross-border Digital Criminal Justice, Final Report, https://op.europa.eu/en/publication-detail/-/publication/e38795b5-f633-11ea-991b-01aa75ed71a1/language-en .
(5) Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138).
(6) See Article 23(1) of the Eurojust Regulation.
(7) See Article 23(6) of the Eurojust Regulation.
(8) Cooperation agreements exist between Eurojust and Albania, Montenegro, North Macedonia, Serbia, Georgia, Iceland, Liechtenstein, Moldova, Norway, Switzerland, Ukraine and the USA. Eurojust has concluded another cooperation agreement with Denmark, which is not a member of Eurojust in line with Protocol 22 of the Lisbon Treaty. Part three, Title IV of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, also contains provisions on the future cooperation between national authorities of the UK and Eurojust.
(9) Commission Communication on the Digitalisation of justice in the European Union - A toolbox of opportunities, COM(2020) 710 final, 2.12.2020.
(10) e-CODEX is is a software package that enables connection between national systems, allowing users, such as judicial authorities, legal practitioners and members of the public, to send and receive documents, legal forms, evidence and other information in a swift and safe manner. e-CODEX is already used by the e-evidence digital exchange system (eEDES) and certain pilot projects. To ensure its long-term sustainability, the Commission has adopted a proposal to entrust its further development and maintenance to the EU Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice.
(11) Commission Communication Commission Work Programme 2021, A Union of vitality in a world of fragility, COM(2020) 690 final.
(12) Directive (EU) […/…] of the European Parliament and of the Council amending Council Decision 2005/671/JHA, as regards its alignment with EU rules on the protection of personal data (OJ L ...).
(13) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
(14) Commission Communication on the EU Security Union strategy, COM(2020) 605 final.
(15) Commission Communication on a Counter-Terrorism agenda for the EU, COM(2020) 795 final.
(16) Commission Communication on the EU strategy to tackle Organised Crime 2021-2025, COM(2021) 170 final.
(17) Council Decision (EU) 2021/7072 of 16 March 2021.
(18) Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
(19) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
(20) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
(21) Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
(22) JOIN/2020/18 final.
(23) COM 2020/823 final.
(24) Cross-border Digital Criminal Justice, Final Report, https://op.europa.eu/en/publication-detail/-/publication/e38795b5-f633-11ea-991b-01aa75ed71a1/language-en .
(25) SWD(2021) 391.
(26) Article 8 of the Charter of Fundamental Rights of the European Union (hereinafter ‘the Charter’).
(27) Article 7 of the Charter.
(28) Cross-border Digital Criminal Justice, Final Report, https://op.europa.eu/en/publication-detail/-/publication/e38795b5-f633-11ea-991b-01aa75ed71a1/language-en , p. 244.
(29) The study assumed a maintenance period and a total amount of EUR 39 million. As the current EU budget (multiannual financial framework, MFF) only covers the period until 2027, the maintenance costs for the years 2028 and 2029 were deducted from this amount.
(30) Cross-border Digital Criminal Justice, Final Report, https://op.europa.eu/en/publication-detail/-/publication/e38795b5-f633-11ea-991b-01aa75ed71a1/language-en , pp. 265 ff.
(31)    [….].
(32) Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138).
(33) Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences (OJ L 253, 29.09.2005, p. 22).
(34) Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
(35) Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network (OJ L 348, 24.12.2008, p. 130).
(36) Regulation (EU) […/…] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in civil, commercial and criminal law cases (OJ L…).
(37) Regulation (EU) […/…] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in civil, commercial and criminal law cases (OJ L…).
(38) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(39) https://joinup.ec.europa.eu/collection/nifo-national-interoperability-framework-observatory/european-interoperability-framework.
(40) Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (OJ L 149, 30.4.2021, p.10).
(41) Council Decision (EU) 2021/7072 of 16 March 2021.
(42) Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network, (OJ L 348, 24.12.2008, p. 130).
(43) As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
(44) Commission Communication on the EU Security Union Strategy, COM(2020) 605 final.
(45) Commission Communication on a Counter-Terrorism Agenda for the EU, COM(2020) 795 final
(46) Commission Communication on the Digitalisation of justice in the European Union - A toolbox of opportunities, COM(2020) 710 final, 2.12.2020.
(47) Commission Communication on the EU Strategy to tackle Organised Crime 2021-2025, COM(2021) 170 final.
(48) Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx
(49) Regulation (EU) 2017/1727.
(50) https://europa.eu/european-union/sites/default/files/docs/body/joint_statement_and_common_approach_2012_en.pdf .
(51) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
(52) EFTA: European Free Trade Association.
(53) Candidate countries and, where applicable, potential candidates from the Western Balkans.
(54) Technical costs under Title 3 include operating and maintenance costs as all costs related to the CMS are currently committed under Title 3.
(55) Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.
(56) Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).
(57) As described in point 1.4.2. ‘Specific objective(s)’
(58) The costs estimates for staff are cumulative and have been made on the basis of the average costs for temporary and contract staff, indexed to the correction coefficient applicable for the Netherlands as of 07/2020 (113,9%).
(59) Cumulative. The number indicated under each year is the number of old staff from the previous year(s) and newly recruited staff. The total number of new staff (25) will be reached in 2027.
(60) AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT = agency staff; JPD = Junior Professionals in Delegations.
(61) Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
(62) Mainly for the EU Cohesion Policy Funds, the European Agricultural Fund for Rural Development (EAFRD) and the European Maritime Fisheries and Aquaculture Fund (EMFAF).
(63) As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for collection costs.