Annexes to COM(2022)524 - State of play of preparations for the full implementation of the Interoperability Regulations per Art. 78(5) Regulation 2019/817 and Art. 74(5) of Regulation 2019/818

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annexed to the European Commission’s proposals for the two Regulations establishing a framework for the interoperability of EU information systems in the area of justice and home affairs indicated that the proposal requires EUR 461 million budget in total over the period 2019-2027. This amount includes relevant budget for the Member States (EUR 136.3 million) for adaptation of their national systems and training to end users, for the EBCG Agency (EUR 4.8 million) for a specialised team to support the MID transitional period, for Europol (EUR 48.9 million) for the necessary upgrade of the agency IT systems, for CEPOL (EUR 2.0 million) for training to operational staff and for eu-LISA (EUR 261.3 million) for the development and maintenance costs of interoperability components as well as for activities related to migration of data, update, network, training and meetings. 10 Current expenditures are below the amounts estimated in the legislative financial statement and no risk of overspending has been identified to date.

In line with the Commission proposal for the Interoperability Regulations, the impact on the operational expenditure for eu-LISA for the development of interoperability is estimated at EUR 45.2 million for the year 2021 and EUR 57.9 million in 2022 11 . According to eu-LISA’s 5th Interoperability Progress Report, by 11 November 2021, the amount of EUR 5.1 million has been used to contract necessary development and implementation activities with the development contract having been signed in December 2021. The agency reports that the plans for budget commitments in 2021 have been impacted negatively, among others, by the Covid-19 pandemic affecting procurement and contracting activities. As a result, eu-LISA had to shorten the duration of some of the planned activities and increase the number of parallel activities 12 .

Member States are encouraged to use the available resources under their Internal Security Fund programmes to implement the Interoperability Regulations. Member States are also invited to prioritise under the new Home Affairs Funds programmes for 2021-2027, in particular the programme of the Instrument for Financial Support for Border Management and Visa Policy (BMVI), actions for the development and further implementation of the interoperability of EU information systems. In addition, the Commission has set up a Specific Action under the BMVI making available a budget of EUR 31.75 million to support Member States to comply with the implementation of the interoperability legal framework. Specifically, funds under this specific action can be used for activities such as adaptation of national business processes, national handbooks and manuals, training of end users, among others. The vast majority of Member States have applied for this specific funding in 2022 – 21 out of 26 eligible Member States. 13  

6.Conclusion

The implementation of interoperability is essential for the European Union to render the European border management system fit for purpose and capable of contributing to a more robust control of migration flows and to combatting illegal immigration, terrorism and other serious crimes.

Based on the politically endorsed revised timeline, all the new IT systems related to the management of the external borders will be finalised by the end of 2023 in accordance with the overall political objective. Concerning the interoperability components, delays after the end of 2023 should be reduced to the minimum with the objective of delivering them earlier than June 2024.

The Commission will continue to closely monitor progress and assess the risks for the implementation of the new IT architecture for EU information systems for borders, migration and security and their interoperability. It will continue to regularly engage with all concerned stakeholders, including in the framework of RAP-IT, in order to coordinate and monitor actions, identify areas of potential concern and reduce to a minimum risks related to the implementation of interoperability and to support timely and efficient implementation of the initiative in respect of the politically agreed timeline.

(1)

     Regulations (EU) 2019/817 and 2019/818.

(2)

    In accordance with Article 78(5) of Regulation (EU) 2019/817 and Article 74(5) of Regulation (EU) 2019/818, the Commission shall submit a report to the European Parliament and to the Council on the state of play of preparations for the full implementation of the Regulations. The report should include detailed information about the costs incurred and information as to any risks that may impact the overall costs, as provided for in the Interoperability Regulations. Reports on the state of play of preparations for the full implementation of interoperability are to be submitted by the Commission every year until the dates of the start of operations of the interoperability components are determined by means of the Commission implementing acts referred to in Article 72 of Regulation (EU) 2019/817 and Article 68 of Regulation (EU) 2019/818.

(3)

     In accordance with article 74.2 of the Interoperability Regulations, , eu-LISA has issued regular progress reports on the development of interoperability: 2019-307, 2020-148, 2020-373, 2021-155 and 2021-390 REV2

(4)

      COM(2020) 428 final.

(5)

      COM(2021) 688 final.

(6)

     An implementing act laying down rules on a functionality for the centralised management of lists of authorities for both Entry/Exit Systems and Visa Information System is under preparation at Commission level.


(7)

     In accordance with article 290.2 of the Treaty on the Functioning of the European Union, a delegated act may enter into force only if no objection has been expressed by the European Parliament or the Council within a period set by the legislative act. 

(8)

     Due to the presence of two Interoperability Regulations, two sets of delegated and implementing acts with similar content had to be adopted. Therefore, the total number of adopted acts is double.

(9)

     Article 76 Regulation (EU) 2019/817, Article 72 Regulation (EU) 2019/818.

(10)

     COM(2018) 478 final.

(11)

     COM(2018) 478 final.

(12)

   eu-LISA, 5th Interoperability Progress Report 2021-390 REV2.

(13)

     The scope of the specific action include all Member States in the Schengen Area that operate external borders. This excludes Ireland and Liechtenstein, but includes the Schengen Associated countries.