Activities of Marie-Christine VERGIAT 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 (28)
Amendment 55 #
Proposal for a regulation
Recital 5 – point 1
Recital 5 – point 1
Since taking up its responsibilities on 1 December 2012, the Agency took over the tasks conferred on the Management Authority in relation to VIS by Regulation (EC) No 767/2008 and Council Decision 2008/633/JHA55. It took over the tasks conferred to the Management Authority in relation to SIS II by Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA in April 2013 following the system's go-live and it took up the tasks conferred on the Commission in relation to Eurodac in accordance with Regulations (EC) No 2725/2000 and (EC) 407/2002 in June 2013. The first evaluation of the Agency's work based on an independent external evaluation and carried out in 2015-2016, concluded that eu-LISA effectively ensures the operational management of the large-scale IT systems and other tasks entrusted to it but also that a number of changes to the establishing Regulation are necessary such as the transfer to the Agency of the communication infrastructure tasks retained by the Commission. Building on the external evaluation, the Commission took into account policy, legal and factual developments and proposed in particular in its Report on the functioning of the European Agency on the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA)56 that the mandate of the Agency should be extended to carry out the tasks derived from the adoption by the co- legislators of proposals entrusting new systems to the Agency, the tasks referred to in the Commission's Communication on Stronger and Smarter Information Systems for Borders and Security of 6 April 2016, the High Level Expert Group's final report of 11 May 2017 and in the Commission's Seventh progress report towards an effective and genuine Security Union of 16 May 2017, subject where required to the adoption of the relevant legislative instruments. In particular, the Agency should be tasked with the development of a European Search Portal, a shared biometric matching service and a Common Identity Repository, subject to the adoption of the relevant legislative instrument on interoperability. Where relevant, any actions carried out on interoperability should have to be guided by the Commission Communication on the European Interoperability Framework – Implementation Strategy57. _________________ 55 Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ L 218, 13.8.2008, p. 129). 56 57 COM(2017) 1346, 23.39.6.2017. Annex 2 of this Communication provides the general guidelines, recommendations and best practices for achieving interoperability or at least for creating the environment to achieve better interoperability when designing, implementing and managing European public servicesCOM(2017) 346, 29.6.2017.
Amendment 60 #
(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.
Amendment 63 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 69 #
Proposal for a regulation
Recital 23
Recital 23
(23) TIn order to control the functions of the Agency effectively, the Member States and the Commission should be represented on a Management Board, in order to control the functions of the Agency effectivelywhich should forward relevant information to the European Parliament. 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 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 72 #
Proposal for a regulation
Recital 24
Recital 24
(24) As regards SIS II, the European Police Office (Europol) and the European Judicial Cooperation Unit (Eurojust), both having the right to access and search directly data entered into SIS II in application of Decision 2007/533/JHA [or Regulation XX of XX on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation in criminal matters, amending Regulation (EU) No 515/2014 and repealing Regulation (EC) No 1986/2006, Council Decision 2007/533/JHA and Commission Decision 2010/261/EU,], should have observer status at the meetings of the Management Board when a question in relation to the application of Decision 2007/533/JHA is on the agenda. The European Border and Coast Guard which has the right to access and search SIS in application of Regulation (EU) 2016/1624 of the European Parliament and of the Council62 and of Regulation XXX [on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters]63 should have observer status in the Management Board when a question in relation to the application of Regulation (EU) 2016/1624 or of Regulation XXX of XXX [on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters] is on the agenda. Europol, Eurojust and the European Border and Coast Guardol and Eurojust should each be able to appoint a representative to the SIS II Advisory Group established under this Regulation. _________________ 62Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1). 63Proposal European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending Regulation (EU) No 515/2014 and repealing Regulation (EC) 1986/2006, Council Decision 2007/533/JHA and Commission Decision 2010/261/EU. COM(2016) 883 final.for a Regulation of the
Amendment 73 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 74 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 75 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 79 #
Proposal for a regulation
Recital 40
Recital 40
(40) In order to ensure open and transparent employment conditions and equal treatment of staff, the Staff Regulations of Officials of the European Union ('Staff Regulations') and the Conditions of Employment of Other Servants of the European Union ('Conditions of Employment of other Servants'), laid down in Regulation (EEC, Euratom, ECSC) No 259/6869 (together referred to as the ‘Staff Regulations’), should apply to the staff (including the Executive Director of the Agency), including the rules of professional secrecy or other equivalent duties of confidentiality. The Agency should have sufficient budgetary and staff resources at its disposal in order not to have to outsource its tasks and duties to private companies. _________________ 69 JO L 56, 4.3.1968, p. 1.
Amendment 82 #
Proposal for a regulation
Article premier – paragraph 5
Article premier – paragraph 5
5. Operational management shall consist of all the tasks necessary to keep large-scale IT systems functioning in accordance with the specific provisions applicable to each of them, including responsibility for the communication infrastructure used by them. Those large- scale systems shall not exchange data or enable sharing of information or knowledge, unless so provided in a specific legal basis.
Amendment 83 #
Amendment 86 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the development of large-scale scale IT systems using an adequate project management structure for efficiently and securely developing large-scale IT systems;
Amendment 97 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 98 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Tasks relating to the operational management of the communication infrastructure may, at the Agency’s own responsibility, be entrusted to external private-sector entities or bodies in accordance with Regulation (EU, Euratom) No 966/2012. In such a case, the network provider shall be bound by the security measures referred to in paragraph 3 and shall have no access to SIS II, VIS, Eurodac, [EES], [ETIAS], [the automated system for registration, monitoring and the allocation mechanism for applications for international protection] [or the ECRIS-TCN system] operational data, or to the SIS II-related SIRENE exchange, by any meansoperational data.
Amendment 99 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Agency, together with the Commission, shall work towards establishing for all systems under the Agency's operational responsibility, automated data quality control mechanisms and common data quality indicators and towards developing a central repository for reporting and statistics, subject to specific legislative amendments to the existing systems' instruments and/or to specific provisions in new instruments.
Amendment 102 #
Proposal for a regulation
Article 9
Article 9
Amendment 106 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Agency shall on a regular basis, at least once each year, keep the European Parliament, the Council, the Commission, and, where data protection issues arethe processing of personal data is concerned, the European Data Protection Supervisor, informed on the developments referred to in paragraph 1.
Amendment 111 #
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 arethe processing of personal data is concerned, the European Data Protection Supervisor, informed of the evolution of the pilot projects referred to in the first subparagraph.
Amendment 117 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 123 #
Other technical sites may be established by decision of the Management Board, following consultation of the European Parliament and the Commission.
Amendment 130 #
Proposal for a regulation
Article 15 – paragraph 1 – point r
Article 15 – paragraph 1 – point r
(r) adopt an interim report by the end of August of each year on progress on the implementation of planned activities of the current year and submit it to the European Parliament and the Commission;
Amendment 131 #
Proposal for a regulation
Article 15 – paragraph 1 – point s
Article 15 – paragraph 1 – point s
(s) assess and adopt the consolidated annual activity report of the Agency's activities for the previous year comparing, in particular, the results achieved with the objectives of the annual work programme and send both the report and its assessment, by 1 July of each year to the European Parliament, the Council, the Commission, the European Data Protection Supervisor and the Court of Auditors; the annual activity report shall be published;
Amendment 141 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The Executive Director shall manage the Agency. The Executive Director shall assist and be accountable to the Management Board. The Executive Director shall, at least once a year, report to the European Parliament on the performance of his or /her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his/her duties. Furthermore, the Executive Director shall submit to the European Parliament and to the Council, every two years, a report on the performance of his/her duties. and activities.
Amendment 149 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Before appointment, the candidate selected by the Management Board shall be invited to make a statement before the competent committee(s) of the European Parliament and answer questions from the committee members. After the statement, the European Parliament shall adopt an opinion setting out its view of the selected candidate and send it to the Management Board. The Management Board shall inform the European Parliament of the manner in which that opinion has been taken into account. The opinion shall be treated as personal and confidential until the appointment of the candidate. Following the appointment of the candidate, the European Parliament shall be invited to submit a second opinion stating whether or not the Management Board has taken its initial opinion into account.
Amendment 152 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. The Management Board shall inform the European Parliament if it intends to extend the Executive Director’s term of office. Within one month before any such extension, the Executive Director shall be invited to make a statement before the competent committee(s) of the European Parliament and answer questions from the committee members. Should any competent committee of the European Parliament oppose the extension, the Management Board must review its decision, taking that committee’s comments into account.
Amendment 153 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. The Executive Director may be removed from office only upon a decision of the Management Board, acting and the European Parliament acting by a qualified majority on a proposal from the Commission.
Amendment 167 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. No later than fivthree years from the entry into force of this Regulation, and every five years thereafter, the Commission shall assess the Agency's performance in relation to its objectives, mandate, tasks and locations in accordance with the Commission's guidelines. The evaluation shall also 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.
Amendment 174 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
The Agency shall adopt internal rules requiring the members of its bodies and its staff members to avoid any situation liable to give rise to a conflict of interest during their employment or term of office and to report such situations. Any serious breach of those internal rules shall be notified to the European Parliament and the Commission in a manner reflecting the rules on confidentiality applicable to the alleged breach.