Activities of Barbara KUDRYCKA related to 2017/0145(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice, and amending Regulation (EC) 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) 1077/2011 PDF (995 KB) DOC (153 KB)
Amendments (35)
Amendment 53 #
Proposal for a regulation
Recital 5 – introductory part
Recital 5 – introductory part
(5) Since the Management Authority required legal, administrative and financial autonomy, it was established in the form of a regulatory agency (Agency) having legal personality. As was agreed, the seat of the Agency was established in Tallinn (Estonia). However, since the tasks relating to technical development and the preparation for the operational management of SIS and VIS were already being carried out in Strasbourg (France) and a backup site for those IT systems had been installed in Sankt Johann im Pongau (Austria) in line also with the locations of the SIS and VIS systems decided under the relevant legislative instruments, this should continue to be the case. Those two sites should also continue to be the locations, respectively, where the tasks relating to operational management of Eurodac should be carried out and where a backup site for Eurodac should be established. Those two sites should also be the locations, respectively, for the technical development and operational management of other large-scale IT systems in the area of freedom, security and justice, and, if so provided in the relevant legislative instrument, for a backup site capable of ensuring the operation of a large-scale IT system in the event of failure of that system, as long as their capacity allows it. In the case of insufficient capacity and after a proper assessment of needs, further technical sites may be established. In order to maximise the possible use of the backup site, this site should also be able to operate systems simultaneously in an active mode provided that it remains capable of ensuring their operation in case of failure of the systems.
Amendment 57 #
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, the Agency could also be made responsible for the preparation, development and operational management of additional large-scale IT systems in application of Articles 67 to 89 of the Treaty on the Functioning of the European Union (TFEU), such as the secure ICT solution for cross-border exchange of sensitive data by the judicial authorities (e-CODEX). The Agency should be entrusted with such tasks only by means of subsequent and separate legislative instruments, preceded by an impact assessment.
Amendment 59 #
Proposal for a regulation
Recital 18
Recital 18
(18) The Agency should provide advice to Member States with regard to the national systems' connection to the central systems at their request.
Amendment 61 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Agency should also provide ad-hoc support to Member States where required by security or migratory extraordinary needs. In particular, where a Member State faces specific and disproportionate migratory challenges at particular areas of its external borders characterised by large inward migratory flows, the Member States should be able to rely on technical and operational reinforcements. This should be provided in hotspot areas by migration management support teams composed of experts from relevant Union agencies. Where the support of eu-LISA would be required in this context with regard to issues related to the large-scale IT systems it manages, the request for support should be sent to the Agency by the Commission. The Commission should monitor whether the Agency provides a response to the request without delay.
Amendment 66 #
Proposal for a regulation
Recital 21
Recital 21
(21) It should also be possible that the Agency is tasked with developing, managing and/or hosting a common IT system for a group of Member States opting on a voluntary basis for a centralised solution assisting them to implement technical aspects of obligations deriving from Union legislation on decentralised large-scale IT systems in the area of freedom, security and justice. This should require prior approval byclose consultation with the Commission and a decision of the Management Board and should be reflected in a delegation agreement between the Member States concerned and the Agency and financed by way of a contribution charged to the relevant Member States to cover all the costs.
Amendment 71 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Member States and the Commission should be represented on a Management Board, in order to control the functions of the Agency effectively. The Management Board should be entrusted with the necessary functions, in particular to adopt the annual work programme, carry out its functions relating to the Agency’s budget, adopt the financial rules applicable to the Agency, appoint an Executive Director and a Deputy Executive Director and establish procedures for taking decisions relating to the operational tasks of the Agency by the Executive Director. The Agency should be governed and operated taking into account the principles of the Common approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the Commission.
Amendment 77 #
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) The Agency should be open to the participation of countries that have entered into any agreements with the EU on their association with the implementation, application and development of the Schengen acquis, as well as Dublin and Eurodac-related measures, since certain large-scale IT systems, such as ETIAS, require cooperation with such other countries.
Amendment 93 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) The Agency shall also be responsible for the tasks relating to the SIRENE Bureaux and for the communication between the SIRENE Bureaux foreseen in the SIS Regulation.
Amendment 108 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Agency shall on a regular basis keep the European Parliament, the Council, the Commission, and, where data protection issues arepersonal data processing is concerned, the European Data Protection Supervisor informed on the developments referred to in paragraph 1.
Amendment 110 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The Agency shall on a regular basis keep the European Parliament, the Council and, where data protection issues arepersonal data processing is concerned, the European Data Protection Supervisor, informed of the evolution of the pilot projects referred to in the first subparagraph.
Amendment 115 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The AgencyAny Member State may be requested the Agency to provide advice to Member States with regard to theas regards its national systems' connection to the central systems and ad-hoc support to Member States. The requests for ad-hoc support shall be submitted to the Commission which shall transmit them to t. Any Member State may submit a request for ad-hoc support to the Commission which, subject to its positive assessment that such support is required, shall transmit it to the Agency, which shall inform the Management Board. The Commission shall monitor whether the Agency has provided a timely response to the Member State's request. The Agency. It may also be requested to provide advice or support to the Commission on technical issues related to existing or new systems including by way of studies and testing.
Amendment 121 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency may also be tasked to develop, manage and/or host a common IT system by a group of at least six Member States opting on a voluntary basis for a centralised solution assisting them in implementing technical aspects of obligations deriving from Union legislation on decentralised systems in the area of freedom, security and justice, subject to prior approval byclose consultation with the Commission and after a decision of the Management Board. In such case the Member States concerned shall entrust the Agency with those tasks by way of a delegation agreement including the conditions for the delegation and setting out the calculation of all relevant costs and the invoicing method.
Amendment 124 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Both technical sites may be used simultaneously for active operation of the large- scale IT systems provided that the second site remains capable of ensuring their operation in case of failure of one or more of the systems. No further technical sites can be established without an amendment to this Regulation.
Amendment 125 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. If, following a proper assessment of technical capacity by the Commission, it is concluded that the existing technical sites are not able to support new tasks and they cannot be expanded, further technical sites may be established.
Amendment 127 #
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) appoint, the Executive Director and Deputy Executive Director, and where relevant extend his/her term of office or remove him or her from office, in accordance with Article 22;
Amendment 128 #
Proposal for a regulation
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) exercise disciplinary authority over the Executive Director and oversee his performance including the implementation of the Management Board’s decisions as well as over the Deputy Executive Director, in agreement with the Executive Director;
Amendment 135 #
Proposal for a regulation
Article 15 – paragraph 1 – point z
Article 15 – paragraph 1 – point z
(z) adopt the security rules on the protection of classified information and non-classified sensitive information following approval byclose consultation with the Commission;
Amendment 138 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The term of office of the members and their alternates shall be four years, extendrenewable. Upon expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 139 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Countries associated with the implementation, application and development of the Schengen acquis, as well as of Dublin and Eurodac-related measures, shall participate in the activities of the Agency. They shall each appoint one representative and an alternate to the Management Board.
Amendment 140 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 a (new)
Article 20 – paragraph 3 – subparagraph 2 a (new)
Regarding countries associated with the implementation, application and development of the Schengen acquis, as well as of Dublin and Eurodac-related measures, Article 38 shall apply.
Amendment 143 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. The Executive Director shall be independent in the performance of his duties. Without prejudice to the respective competences of the Commission and the Management Board, the Executive Director shall neither seek nor take instructions from any government or other body.
Amendment 154 #
Proposal for a regulation
Article 22 – paragraph 9 a (new)
Article 22 – paragraph 9 a (new)
9a. Article 22a Deputy Executive Director 1. A Deputy Executive Director shall assist the Executive Director. The Executive Director shall define the tasks of the Deputy Executive Director. 2. All provisions of Article 22 shall apply to the Deputy Executive Director.
Amendment 155 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Each Member State which is bound under Union law by any legislative instrument governing the development, establishment, operation and use of a particular large- scale IT system, as well as the Commission and countries associated with the implementation, application and development of the Schengen acquis, as well as of Dublin and Eurodac-related measures, shall appoint one member to the Advisory Group relating to that large- scale IT system, for a four-year term, which may be renewed once.
Amendment 157 #
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. When preparing an opinion, the members of each Advisory Group shall do their best to reach a consensus. If such a consensus is not reached, the opinion shall consist of the reasoned position of the majority of members. The minority reasoned position(s) shall also be recorded. Article 20(3) and (4) shall apply accordingly. The members representing the countries associated with the implementation, application and development of the Schengen acquis, as well as of Dublin and Eurodac-related measures, shall be allowed to express opinions on issues on which they are not entitled to vote.
Amendment 158 #
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
7. Each Member State and each country associated with the implementation, application and development of the Schengen acquis, as well as of Dublin and Eurodac-related measures, shall facilitate the activities of the Advisory Groups.
Amendment 159 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The Commission and the Member States, upon request of the Agency, may second officials or national experts to the Agency on a temporary basis. The Management Board shall adopt a decision laying down rules on the secondment of national experts to the Agency.
Amendment 160 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
The members of the Management Board, the Executive Director and the members of the Advisory Groups shall undertake to act in the public interest. For that purpose they shall issue an annual, written, public statement of commitment, which shall be published on the Agency's website.
Amendment 162 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. The Agency shall communicate in accordance with the legislative instruments governing the development, establishment, operation and/or use of large-scale IT- systems and may engage in communication activities on its own initiative within its field of competence. It shall ensure in particular that in addition to the publications specified in Article 15(1)(r), (s), (ii), (jj), [(kk)], [(ll)], [(mm)] and Article 42(9), the public and any interested party are rapidly given objective, accurate, reliable comprehensive and easily understandable information with regard to its work. The allocation of resources to communication activities shall not be detrimental to the effective exercise of the Agency's tasks as referred to in Articles 3 to 12. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.
Amendment 165 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The security rules shall be adopted by the Management Board following approval byclose consultation with the Commission. The Agency may take all necessary measures to facilitate the exchange of information relevant to its tasks with the Commission and the Member States and where appropriate, the relevant Union agencies. It shall develop and operate an information system capable of exchanging classified information with those actors in accordance with Council Decision 2013/488/EU and Commission Decision (EU, Euratom) 2015/444. The Management Board shall, pursuant to Article 2 and Article 15(1)(y) of this Regulation, decide on the Agency’s internal structure necessary to fulfil the appropriate security principles.
Amendment 166 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. No later than five years from the entry into force of this Regulation, and every five years thereafter, the Commission, after consulting the Management Board, shall assess the Agency's performance in relation to its objectives, mandate, tasks and locations in accordance with the Commis. The evaluation shall examine the implementation of the provision's guidelines. The evaluation shall alsoof this Regulation and assess the contribution of the Agency to the establishment of a coordinated, cost- effective and coherent IT environment at Union level for the management of large scale IT systems supporting the implementation of Justice and Home Affairs (JHA) policies. The evaluation shall in particular assess the possible need to modify the mandate of the Agency and the financial implications of any such modification. The Management Board may present recommendations regarding changes to this Regulation to the Commission.
Amendment 170 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. Cooperation with Union bodies, offices and agencies shall take place within the framework of working arrangements. Such arrangements shall have received the Commission's prior approvalbe concluded following close consultation with the Commission. Such arrangements may provide for the sharing of services between agencies where appropriate either by proximity of locations or by policy area within the limits of the respective mandates and without prejudice to their core tasks.
Amendment 171 #
5. The Union institutions, bodies, offices and agencies referred to in paragraph 1, shall use information received from the Agency only within the limits of their competences and insofar as they respect fundamental rights, including data protection requirements. Onward transmission of other communication of personal data processed by the Agency to Union institutions, bodies, offices or agencies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval ofclose consultation with the European Data Protection Supervisor. Any transfer of personal data by the Agency shall be in line with the data protection provisions laid down in Articles 31 and 32. As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office or agency concerned shall comply with security rules and standards equivalent to those applied by the Agency.
Amendment 172 #
Proposal for a regulation
Article 38 – title
Article 38 – title
38 Participation by countries associated with the implementation, application and development of the Schengen acquis, as well as of Dublin and Eurodac-related measures
Amendment 173 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. The Agency shall be open to the participation of third countries that have entered into associationy agreements with the Union to this effecton their association with the implementation, application and development of the Schengen acquis, as well as of Dublin and Eurodac-related measures.
Amendment 176 #
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
Maintenance in force of the internal rules adopted by the Management Board Internal rules and measures adopted by the Management Board on the basis of Regulation (EU) No 1077/2011 shall remain in force after the entry into force of this Regulation, without prejudice to any amendments thereto required by this Regulation.