The European Parliament adopted by 602 votes to 15, with 56 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the Union, of the Arrangement between the European Union, of the one part, and the Kingdom of Norway, the Republic of Iceland, the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the participation by those States in the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice.

The European Parliament gave its consent to the conclusion of the agreement.

The draft Decision includes the elements necessary to ensure the participation of the countries associated with the Schengen acquis and the Dublin and Eurodac-related measures in the activities of the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice, and provides for the conditions under which their participation may take place.

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Monica MACOVEI (ECR, RO) on the draft Council decision on the conclusion, on behalf of the Union, of the Arrangement between the European Union, of the one part, and the Kingdom of Norway, the Republic of Iceland, the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the participation by those States in the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice.

The committee recommended that the European Parliament give its consent to the conclusion of the agreement.

In line with the Treaty on the Functioning of the EU (TFEU), the participation of associate countries in the work of the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice is a necessary step having regard to their association to the Schengen acquis and to Dublin and Eurodac-related measures and to their participation in the large-scale IT systems operated by the Agency.

The Rapporteur welcomed the draft Decision submitted for consent to the European Parliament that includes the required elements to ensure the participation of the associate countries and that sets the conditions under which these participations can take place.

The draft Arrangement:

foresees: (i) the full participation of the associate countries in the activities of the Agency; (ii) representation in the Agency's Management Board with limited voting rights on certain decisions; (iii) annual financial contributions of the associate countries to the budget of the Agency as regards SIS, VIS, DubliNet and EES by an annual sum calculated in accordance with its GDP as a percentage of GDP of all States participating in the Agency's work and, as regards Eurodac, by an annual sum of a fixed percentage (specific for each associate country) of the relevant budget appropriations for the budgetary year;

- defines the legal status of the Agency in the associate countries, the liability of the Agency with regard to the associate countries, the recognition by the associate countries of the jurisdiction of the Court of Justice with regard to the Agency, the privileges and immunities of the Agency in the associate countries, and a derogation of the staff regulations allowing nationals of the associate countries to be engaged under contract by the Agency;

- contains provisions on combatting fraud, dispute settlement, entry into force and validity and termination.

PURPOSE: to conclude, on behalf of the Union, the Arrangement between the European Union, of the one part, and Norway, Iceland, Switzerland and Liechtenstein, of the other part, on the participation by those States in the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: Regulation (EU) No 1077/2011 of the European Parliament and of the Council established the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice. It provided that, under the relevant provisions of their association agreements, arrangements are to be made in order to specify the nature and extent of, and the detailed rules for, the participation of countries associated with the implementation, application and development of the Schengen acquis and Eurodac-related measures in the work of the Agency, including provisions on financial contributions, staff and voting rights.

The Commission negotiated an arrangement between the European Union and these countries which was signed on 8 November 2018 subject to its conclusion.

On 14 November 2018 Regulation (EU) 2018/1726 of the European Parliament and of the Council on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) was adopted and replaces and succeeds the Agency, as established by Regulation (EU) No 1077/2011.

It is now necessary to conclude the arrangement on behalf of the Union.

CONTENT: the Council seeks to approve, on behalf of the Union, the Arrangement between the European Union, of the one part, and Norway, Iceland, Switzerland and Liechtenstein, of the other part, on the participation by those States in the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice.