Annexes to COM(2022)720 - Measures for a high level of public sector interoperability across the Union (Interoperable Europe Act)

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agreements and contracts with beneficiaries and contractors directly engaged in activities that serve Union policies. The Commission will ensure direct monitoring over the outcome of the actions financed. The payment modalities of the actions funded will be adapted to the risks pertaining to the financial transactions.

In order to ensure the effectiveness, efficiency and economy of the Commission controls, the control strategy will be oriented towards a balance of ex-ante and ex-post checks and focus on three key stages of grant/contract implementation, in accordance with the Financial Regulation: Selection of proposals/tenders that fit the policy objectives of the Regulation; Operational, monitoring and ex-ante controls that cover project implementation, public procurement, pre-financing, interim and final payments, management of guarantees; Ex-post controls at the beneficiaries/contractors’ sites will also be carried out on a sample of transactions.

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them

The implementation of this Regulation includes the setting up and operation of a governance mechanism with Member States and the attribution of public procurement contracts and grants for specific activities.

The main risks are the following:

a) Risk of not fully achieving the objectives of the Regulation due to insufficient engagement of partners, uptake of solutions, and/or quality and/or delays in the implementation of the selected projects or contracts.

b) Risk of inefficient or non-economic use of funds awarded, both for grants (complexity of funding rules) and for procurement (limited number of economic providers with the required specialist knowledge entailing insufficient possibilities to compare price offers in some sectors).

c) Reputational risk for the Commission, in case of slow or insufficient implementation of the cooperation framework, or if fraud or criminal activities are discovered.

The Commission put in place internal procedures that aim at covering the risks identified above. The internal procedures are in full compliance with the Financial Regulation and include anti-fraud measures and cost-benefit considerations. Within this framework, the Commission continues to explore possibilities to enhance the management and to realise efficiency gains.

Main features of the control framework are the following:

1) Controls to ensure stakeholder engagement

Appropriate stakeholder management practices are put in place to ensure the interoperability cooperation mechanism set up with this regulation is properly functioning and its impact regularly monitored.

2) Controls before and during the implementation of the projects (in line with the rules governing the DEP):

a) An appropriate project management system is put in place under DEP, focusing on the contributions of projects and contracts to the policy objectives, ensuring a systematic involvement of all actors, establishing a regular project management reporting complemented by on-site-visits on a case by case basis, including risk reports to senior management, as well as maintaining appropriate budgetary flexibility.

b) Model grant agreements and service contracts used are developed within the Commission. They provide for a number of control provisions such as audit certificates, financial guarantees, on-site audits as well as inspections by OLAF. The rules governing the eligibility of costs are being simplified, for example, by using unit costs, lump sums, contributions not linked to costs and other possibilities offered by the Financial Regulation. This will reduce the cost of controls and put the focus on checks and controls in high-risk areas.

c) All staff sign up to the code of good administrative behaviour. Staff who are involved in the selection procedure or in the management of the grant agreements/contracts (also) sign a declaration of absence of a conflict of interest. Staff is regularly trained and uses networks to exchange best practices.

d) Technical implementation of a project is checked at regular intervals at the desk on the basis of technical progress reports of the contractors and beneficiaries; in addition, contractors’/beneficiaries’ meetings and on-site-visits are foreseen on a case by case basis.

3) Controls at the end of the project:

Ex-post audits are performed on a sample of transactions to verify on-the-spot the eligibility of cost claims. The aim of these controls is to prevent, detect and correct material errors related to the legality and regularity of financial transactions. With a view to achieving a high control impact, the selection of beneficiaries to be audited foresees to combine a risk-based selection with a random sampling, and to pay attention to operational aspects whenever possible during the on-site audit.

2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio of “control costs ÷ value of the related funds managed”), and assessment of the expected levels of risk of error (at payment & at closure) 

Rules on the operation of the DEP apply.

2.3.Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.

As for its activities in direct management, the Commission shall take appropriate measures ensuring that the financial interests of the European Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportional and deterrent penalties.

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected 

·Existing budget lines

In order of multiannual financial framework headings and budget lines.

Heading of multiannual financial frameworkBudget lineType of
expenditure
Contribution
NumberDiff./Non-diff. 46from EFTA countries 47

from candidate countries 48

from third countrieswithin the meaning of Article 21(2)(b) of the Financial Regulation
102.06.05.02 Deployment/ Interoperability

Diff.YESYESYESNO

·New budget lines requested

In order of multiannual financial framework headings and budget lines.

Heading of multiannual financial frameworkBudget lineType of
expenditure
Contribution
NumberDiff./Non-diff.from EFTA countriesfrom candidate countriesfrom third countrieswithin the meaning of Article 21(2)(b) of the Financial Regulation
None

YES/NOYES/NOYES/NOYES/NO

3.2.Estimated financial impact of the proposal on appropriations 

3.2.1.Summary of estimated impact on operational appropriations 

–    The proposal/initiative does not require the use of operational appropriations

–    The proposal/initiative requires the use of operational appropriations. The budgetary impact of the proposal will be entirely covered by the allocations already foreseen in the Digital Europe Programme, as explained below:

EUR million (to three decimal places)

Heading of multiannual financial
framework
1Single Market, Innovation and Digital

DG: DIGITYear
2023
Year
2024
Year
2025
Year
2026
Year 2027Post 2027 49TOTAL
□ Operational appropriations
02.04.05.02 Digital Europe Programme: Deployment/Interoperability 50Commitments(1a)23.79024.13125.51128.57329.162131.167
Payments(2a)7.13721.51324.51126.29228.44323.271131.167
Budget lineCommitments(1b)
Payments(2b)
Appropriations of an administrative nature financed from the envelope of specific programmes 51  

02.01.30.01 Support expenditure for the Digital Europe programme(3)0.4000.4000.4000.4000.4002.000
TOTAL appropriations
for DG DIGIT
Commitments=1a+1b +324.19024.53125.91128.97329.562133.167
Payments=2a+2b

+3
7.53721.91324.91126.69228.84323.271133.167


□ TOTAL operational appropriations
Commitments(4)23.79024.13125.51128.57329.162131.167
Payments(5)7.13721.51324.51126.29228.44323.271131.167
□ TOTAL appropriations of an administrative nature financed from the envelope for specific programmes(6)0.4000.4000.4000.4000.4002.000
TOTAL appropriations
under HEADING 1
of the multiannual financial framework
Commitments=4+ 624.19024.53125.91128.97329.562133.167
Payments=5+ 67.53721.91324.91126.69228.84323.271133.167

If more than one operational heading is affected by the proposal / initiative, repeat the section above:

□ TOTAL operational appropriations (all operational headings)Commitments(4)23.79024.13125.51128.57329.162131.167
Payments(5)7.13721.51324.51126.29228.44323.271131.167
TOTAL appropriations of an administrative nature financed from the envelope for specific programmes (all operational headings)
(6)
0.4000.4000.4000.4000.4002.000
TOTAL appropriations
under HEADINGS 1 to 6
of the multiannual financial framework
(Reference amount)
Commitments=4+ 624.19024.53125.91128.97329.562133.167
Payments=5+ 67.53721.91324.91126.69228.84323.271133.167


Heading of multiannual financial
framework
7‘Administrative expenditure’

This section should be filled in using the ‘budget data of an administrative nature’ to be firstly introduced in the Annex to the Legislative Financial Statement (Annex V to the internal rules), which is uploaded to DECIDE for interservice consultation purposes.

EUR million (to three decimal places)

Year
2023
Year
2024
Year
2025
Year
2026
Year
2027
TOTAL
DG: DIGIT
□ Human resources2.7172.7172.7172.7172.71713.585
□ Other administrative expenditure0.1050.1050.1050.1050.1050.525
TOTAL DG DIGITAppropriations2.8222.8222.8222.8222.82214.110

TOTAL appropriations
under HEADING 7
of the multiannual financial framework 
(Total commitments = Total payments)2.8222.8222.8222.8222.82214.110

EUR million (to three decimal places)

Year
2023
Year
2024
Year
2025
Year
2026
Year 2027Post 2027TOTAL
TOTAL appropriations
under HEADINGS 1 to 7
of the multiannual financial framework 
Commitments27.01227.35328.73331.79532.384147.277
Payments10.35924.73527.73329.51431.66523.271147.277


3.2.2.Summary of estimated impact on administrative appropriations 

–    The proposal/initiative does not require the use of appropriations of an administrative nature

–    The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)

Year
2023
Year
2024
Year
2025
Year
2026
Year
2027
TOTAL

HEADING 7
of the multiannual financial framework
Human resources2.7172.7172.7172.7172.71713.585
Other administrative expenditure0.1050.1050.1050.1050.1050.525
Subtotal HEADING 7
of the multiannual financial framework
2.8222.8222.8222.8222.82214.110

Outside HEADING 7 52
of the multiannual financial framework

Human resources
Other expenditure
of an administrative nature
0.4000.4000.4000.4000.4002.000
Subtotal
outside HEADING 7
of the multiannual financial framework
0.4000.4000.4000.4000.4002.000

TOTAL3.2223.2223.2223.2223.22216.110

The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that 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.

3.2.2.1.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 time equivalent units

Year
2023
Year
2024
Year 2025Year 2026Year 2027
□ Establishment plan posts (officials and temporary staff)
20 01 02 01 (Headquarters and Commission’s Representation Offices)1414141414
20 01 02 03 (Delegations)
01 01 01 01  (Indirect research)
01 01 01 11 (Direct research)
Other budget lines (specify)
□ External staff (in Full Time Equivalent unit: FTE) 53

20 02 01 (AC, END, INT from the ‘global envelope’)66666
20 02 03 (AC, AL, END, INT and JPD in the delegations)
XX 01 xx yy zz   54

- at Headquarters

- in Delegations
01 01 01 02 (AC, END, INT - Indirect research)
01 01 01 12 (AC, END, INT - Direct research)
Other budget lines (specify)
TOTAL2020202020

XX is the policy area or budget title concerned.

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 staffOfficials and temporary staff (policy officers and programme managers) will implement the tasks and activities as per the Regulation, in particular implementation of Art.5-19, namely:

-Development and management of a catalogue of reusable interoperability solutions and Interoperable Europe Portal;

-Regular reviews and updates of the European Interoperability Frameworks, methodologies and tools for interoperability impact assessments;

-Design monitoring mechanisms and implementation;

-Management and support for governance framework (Interoperable Europe Board and communities);

-Horizontal tasks on communication, stakeholder management and inter-institutional relations;

-Preparation and drafting of delegated acts, in compliance with this Regulation.

9 AD, 2 AST and 2 AST-SC officials will be covered with staff currently working on interoperability activities in DG DIGIT.

The overall workload of interoperability activities will increase particularly to support the set up and management of a structured cooperation mechanism and communities as well as to develop methodologies and tools for interoperability assessments. For this reason, 1 additional AD post is required, bringing the total to 14 posts.
External staffThe AC and END posts support the implementation of the Regulation, complementing the officials posts mainly in areas related to coordination with the Member States and the organisation of Interoperable Europe Board meetings, workshops and conferences, the follow-up of projects such as establishing a catalogue of reusable interoperability solutions and the Interoperable Europe Portal and monitoring activities. 2 AC and 3 END will be covered with staff currently working on interoperability activities in DG DIGIT. An additional AC hors-quota will be required, bringing the total to 6 FTEs.

3.2.3.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).

Appropriations will be redeployed within the financial envelope allocated to Interoperability activities in the Digital Europe Programme in the MFF 2021-2027.

–    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.

–    requires a revision of the MFF.

Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.

3.2.4.Third-party contributions 

The proposal/initiative:

–    does not provide for co-financing by third parties

–    provides for the co-financing by third parties estimated below:

Appropriations in 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 yearImpact of the proposal/initiative
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 assigned revenue, specify the budget expenditure line(s) affected.

[…]

Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).

[…]

(1) Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1–38).
(2) See Proposal for a Regulation of the European Parliament and the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity (COM(2021) 281 final).
(3) Horizontal rules for the data spaces are proposed with the Proposal for a Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act) (COM(2022) 68 final) and the Proposal for a Regulation of the European Parliament and of the Council on European data governance (Data Governance Act) (COM(2020) 767 final).
(4) https://op.europa.eu/en/publication-detail/-/publication/f69284c4-eacb-11eb-93a8-01aa75ed71a1/language-en
(5) It is estimated that companies located in the EU invested EUR 1 billion in open source software (numbers gathered for 2018), and this contributed EUR 65 to 95 billion to the European Economy. European Commission, Directorate-General for Communications Networks, Content and Technology, Blind, K., Pätsch, S., Muto, S., et al., The impact of open source software and hardware on technological independence, competitiveness and innovation in the EU economy: final study report, Publications Office, 2021, https://data.europa.eu/doi/10.2759/430161
(6) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - European Interoperability Framework – Implementation Strategy (COM(2017) 134 final).
(7) Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240. (OJ L 166, 11.5.2021, p. 1).
(8) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Shaping Europe’s digital future (COM(2020) 67 final).
(9) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - A European strategy for data, 19.02.2020 (COM(2020) 66 final).
(10) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Identifying and addressing barriers to the Single Market (COM(2020) 93 final).
(11) Commission Communication on the Digitalisation of justice in the European Union - A toolbox of opportunities (COM (2020) 710 final).
(12) Communication from the General Secretariat of the Council to the Delegations on the Conclusions of the Special meeting of the European Council (1 and 2 October 2020) (EUCO 13/20).
(13) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Commission work programme 2022 Making Europe stronger together (COM(2021) 645 final).
(14) The details of the evaluation process and results together with the supporting evidence are available in Commission staff working document (SWD(2022) 720 final).
(15) Commission Staff Document - Final evaluation of the ISA² programme (SWD(2021) 965 final), accompanying the document Report from the Commission to the European Parliament and the Council - Results of the final evaluation of the ISA² programme (COM(2021) 965 final).
(16) Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (Text with EEA relevance.) (PE/41/2018/REV/2).
(17) Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (PE/28/2019/REV/1).
(18) Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (PE/85/2021/REV/1).
(19) Proposal for a Regulation of the European Parliament and the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity (COM(2021) 281 final).
(20) Proposal for a Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act) (COM(2022) 68 final).
(21) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2030 Digital Compass: the European way for the Digital Decade (COM/2021/118 final).
(22) The latest being the Decision (EU) 2015/2240 of the European Parliament and of the Council establishing a programme on interoperability solutions and common frameworks for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the public sector and Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240.
(23) Case C-22/96, European Parliament v. Council of the European Union, ECLI:EU:C:1998:258. The Court ruled that: ‘[...] [C]ertain aspects of the contested decision concern the interoperability of networks within the meaning of the second indent of Article 129c(1). First, [...] the preamble to that decision emphasises the need to ensure the interoperability of national telematic systems. Second, [...] the contested decision provides that the special procedure laid down by Article 4 is applicable to the ‘adoption of common rules and procedures for bringing about technical and administrative interoperability’. Moreover, according to Article 5(1), the types of action which the Community contribution may encompass include, in particular, measures relating to interoperability. Indeed, interoperability is specified as one of the framework conditions laid down in Article5(2). Although the establishment and development of trans-European telecommunications networks between administrations entail, in themselves, the interconnection and interoperability of national networks as well as access to such networks, the content of the contested decision shows that it covers measures falling specifically within the second indent of Article 129c(1).’ (paragraphs 35-36).
(24) SWD(2022) 720 final.
(25) Register of Commission expert groups and other similar entities. (2021, October 18). European Commission,  https://ec.europa.eu/transparency/expert-groups-register/screen/expert-groups/consult?lang=en&groupID=3714
(26) CEPS (2021): Study supporting the evaluation of the implementation of the EIF, European Commission. DOI: 10.2799/58201.
(27) CEPS (2021): Study supporting the final evaluation of the programme on interoperability solutions for European public administrations, businesses and citizens (ISA²), European Commission. DOI: 10.2799/94683.
(28) Ulrich, P., Duch Brown, N., Minghini, M., Kotsev, A., Hernandez Quiros, L., Boguslawski, R., & Pignatelly, F. (2021). Quantifying the Benefits of Location Interoperability in the European Union. European Commission.
(29) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - EU Regulatory Fitness (COM(2012) 746 final).
(30) 2022 Annual Work Programme Fit for Future Platform. (n.d.). European Commission, https://ec.europa.eu/info/sites/default/files/2022_annual_work_programme_-_fit_for_future_platform_en.pdf
(31) Charter of Fundamental Rights of the European Union, European Union of 26 October 2012 (2012/C 326/02).
(32) Matusiak, J., & Princ, M. (2018). eGovernment as an element of the right to good administration. Central and Eastern European eDem and eGov Days, 331, 29–39. https://doi.org/10.24989/ocg.v331.3
(33) SWD(2020) 54 final, Identifying and addressing barriers to the Single Market.
(34) OJ C [...], [...], p. [...]
(35) OJ C [...], [...], p. [...]
(36) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
(37) OJ L 123, 12.5. 2016, p 1.
(38) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(39) Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 03.06.2022, p. 1).
(40) Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
(41) Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p. 75).
(42) Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (Text with EEA relevance) (OJ L 151, 7.6.2019, p. 70–115).
(43) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions European Interoperability Framework – Implementation Strategy, COM/2017/0134 final.
(44) As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
(45) 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  
(46) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
(47) EFTA: European Free Trade Association.
(48) Candidate countries and, where applicable, potential candidates from the Western Balkans.
(49) All figures in this column (“Post 2027”) are indicative and subject to the continuation of the programmes and availability of appropriations.
(50) According to the official budget nomenclature.
(51) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
(52) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
(53) AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; JPD= Junior Professionals in Delegations.
(54) Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).