(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0583),

–   having regard to Article 251(2) and Article 156 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0337/2008),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy (A6-0136/2009),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the first paragraph of Article 156 thereof,

Having regard to the proposal from the Commission ║,

Having regard to the opinion of the European Economic and Social Committee(1) ,

Having regard to the opinion of the Committee of the Regions(2) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3) ,

Whereas:

(1)  In accordance with Article 154 of the Treaty, to help achieve the objectives referred to in Articles 14 and 158 thereof and to enable citizens of the European Union, economic operators and regional and local communities to derive full benefit from the setting up of an area without internal frontiers, the Community contributes to the establishment and development of trans-European networks, undertaking actions to promote interconnectivity, interoperability and accessibility.

(2)  The Council has stressed in its conclusions of 1 December 2005 on the Commission's Communication "i2010 – A European Information Society for growth and employment" that more focused, effective and integrated policies of information and communication technologies (hereinafter ICT) at both European and national levels are essential to achieving the goals of economic growth and productivity. The Commission was invited to encourage the efficient use of ICT in public services through the exchange of experience and to develop common approaches on key issues such as interoperability and effective use of open standards.

(2a)  In its resolution of 14 March 2006 on a European information society for growth and employment (4) the European Parliament has called for emphasis to be given to the issues of interoperability and best practices in public-sector electronic services for citizens and businesses with the overriding objective of facilitating the free and unimpeded movement, establishment and employment of citizens in the Member States; and has urged the Member States to implement i2010 initiatives and programmes in the reform of their public administrations in order to provide better, more efficient and more easily accessible services to their small and medium-sized enterprises (SMEs) and their citizens.

(3)  In the Manchester Ministerial Declaration of 24 November 2005, the Ministers responsible for ICT policies agreed, inter alia, to work together and with the Commission to share existing tools, common specifications, standards and solutions more effectively and to encourage collaborative development of solutions where necessary.

(4)  In the Lisbon Ministerial Declaration of 19 September 2007, the Ministers invited the Commission to, inter alia, facilitate cooperation among Member States and the Commission to define, develop, implement and monitor cross-border, cross-sectoral interoperability, and stated that future Community legislation should, in particular, anticipate and assess its impact on ICT infrastructures and service transformation.

(5)  With the rapid development of ICT, there is a risk that Member States opt for different or incompatible solutions and that new e-barriers could emerge that would impede the proper functioning of the internal market and the associated freedoms of movement. This could have negative effects on the openness and competitiveness of markets as well as have impact on the delivery of some services of general interest to citizens and enterprises, whether economic or non-economic. Member States and the Commission should increase their efforts to avoid market fragmentation, achieve interoperability and promote commonly agreed ICT solutions while ensuring the appropriate governance.

(6)  Businesses and citizens would also benefit from common, reusable and interoperable solutions as well as interoperable administrative back-office processes as those solutions and processes would promote the efficient and effective delivery of public services to businesses and citizens across borders and sectors.

(7)  Continuous efforts are needed for ensuring cross-border, cross-sector interoperability, exchanging experience, establishing and maintaining common and shared approaches, specifications, standards and solutions as well as assessing the ICT implications of Community legislation with a view to supporting efficient and effective cross-border interactions, inter alia, in the implementation of Community legislation, while reducing administrative burdens and costs.

(8)  To meet these challenges such efforts should be made through close cooperation, coordination and dialogue between the Commission and the Member States, in close interaction with the sectors responsible for the implementation of Community policies and, whenever appropriate, with other stakeholders, giving due consideration to the priorities and the linguistic diversity of the Community as well as to the development of common approaches on key issues such as interoperability and effective use of open standards .

(9)  In line with Decision 2004/387/EC of the European Parliament and of the Council of 21 April 2004 on interoperable delivery of pan-European eGovernment services to public administrations, businesses and citizens (IDABC)(5) which requires the Commission to define mechanisms to ensure the financial and operational sustainability of infrastructure services, infrastructure services should be maintained and operated in a sustainable manner. Such infrastructure services have been agreed with Member States during the implementation of Decision No 1719/1999/EC of the European Parliament and of the Council of 12 July 1999 on a series of guidelines, including the identification of projects of common interest, for trans-European networks for the electronic interchange of data between administrations (IDA)(6) and Decision No 1720/1999/EC of the European Parliament and of the Council of 12 July 1999 adopting a series of actions and measures in order to ensure interoperability of and access to trans-European networks for the electronic interchange of data between administrations (IDA)(7) as well as during the implementation of the IDABC and other relevant programmes.

(10)  The IDABC programme comes to an end on 31 December 2009 and should be succeeded by a Community programme on interoperability solutions for European public administrations (the ISA programme) meeting the challenges.

(11)  The ISA programme should be based on the experience from the IDA and IDABC programmes. The conclusions drawn from the evaluation s of the IDABC programme, which address the relevance, efficiency, effectiveness, utility and coherence of that programme, should also be taken into account; particular attention should be paid to the needs expressed by the users. It has been demonstrated that a co-ordinated approach can contribute to delivering results faster, with higher quality and meeting administrative requirements, by means of common and shared solutions established and operated in cooperation with Member States. These activities have already delivered important contributions to ensuring interoperability in support of electronic exchange of information between European public administrations, with positive spillover effects on the single market, and are continuing to do so.

(12)  To avoid fragmentation and ensure a holistic approach, due consideration should be given to the European Interoperability Strategy and the European Interoperability Framework when priorities are set for the ISA programme.

(13)  Solutions established or operated under the ISA programme should be demand-driven and, to the extent possible, form part of a consistent eco-system of services facilitating interaction between European public administrations and ensuring, facilitating or enabling cross-border, cross-sector interoperability.

(14)  The ISA programme should ensure the availability of common frameworks, common services and generic tools in support of cross-border and cross-sector interaction between European public administrations as well as support sectors in assessing the ICT implications of Community legislation and in planning the implementation of relevant solutions.

(15)  Common frameworks should comprise, inter alia, common specifications, guidelines and methodologies as well as common strategies. Such frameworks should meet the requirements of existing Community legislation .

(16)  While ensuring the operation and improvement of existing common services established under the IDA and IDABC programmes as well as similar initiatives, the ISA programme should support the establishment, industrialisation, operation and improvement of new common services in response to new needs and requirements.

(16a)  Given the task of the local and regional administrations in ensuring the effective functioning and interoperability of the European public administrations, it is important that solutions consider the needs of local and regional administrations.

(17)  While ensuring the improvement of existing reusable generic tools established under the IDA and IDABC programmes as well as similar initiatives, the ISA programme should support the establishment, provision and improvement of new reusable generic tools in response to new needs or requirements, inter alia, established through the assessment of ICT implications of Community legislation.

(18)  In the establishment, improvement or operation of common solutions the ISA programme should, whenever appropriate, build on or be accompanied by sharing of experience and solutions as well as exchange and promotion of good practices. In this context compliance with the European Interoperability Framework as well as openness in standards and specifications should be promoted.

(19)  Solutions established or operated under the ISA programme should be based on the principle of technological neutrality and adaptability with a view to ensuring also that citizens, enterprises and administrations are free to choose the technology to be used.

(20)  The principles of security, privacy and protection of personal data should be applied in all activities covered by the ISA programme.

(21)  While the involvement of all Member States in actions under the ISA programme should be encouraged, actions comprising several Member States can be initiated. Member States not involved in such actions should be encouraged to join at a later stage.

(22)  The ISA programme should contribute to implementing any i2010 follow-on initiative, while taking into consideration other Community programmes in the field of ICT, notably the ICT Policy Support Programme of the Competitiveness and Innovation Framework Programme as provided for in Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Competitiveness and Innovation Framework Programme (2007 to 2013)(8) , in order to avoid duplication of efforts.

(23)  Interaction with the private sector and other entities has already proven its efficiency and added value. Therefore synergies with these stakeholders should be sought in order to, whenever appropriate, give priority to solutions available on and sustained by the market. In this context the existing practice of organising conferences, workshops, and other meetings in order to interact with these stakeholders should be continued. The continued use of the electronic platforms should be promoted further. Any other means considered appropriate for keeping in contact with these stakeholders should likewise be used.

(24)  The ISA programme should be implemented in accordance with the rules of public procurement.

(25)  Since the measures necessary for the implementation of this Decision are management measures within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementation powers conferred on the Commission(9) , they should be adopted by use of the management procedure provided for in Article 4 of that Decision.

(26)  The ISA programme should be regularly monitored and evaluated in order to allow for readjustments.

(27)  International cooperation should be encouraged and in this respect the ISA programme should also be open to participation by the countries of the European Economic Area and the candidate countries. Cooperation with other third countries and international organisations or bodies should also be encouraged, notably within the framework of the Euro-Mediterranean Partnership and Eastern Partnership and with neighbouring countries, in particular the Western Balkan countries and the countries of the Black Sea region .

(27a)  The possibility of using pre-accession funds to facilitate the participation of candidate countries in the ISA programme, as well as the possibility of co-financing by the Structural Funds and the users for the use of common frameworks and generic tools established or improved by the ISA programme should be further explored.

(28)  In order to ensure the sound management of the financial resources of the Community and to avoid needless proliferation of equipment, repetition of investigations and divergent approaches, it should be possible to use solutions established or operated by the ISA programme by non-Community initiatives as long as no costs are incurred for the Community budget, and the main Community objective of the solution is not compromised.

(29)  A financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management should be established for the entire duration of the programme. This envelope should also cover expenditure related to preparatory, monitoring, control, audit and evaluation measures directly required for the management of the programme and the achievement of its objectives, and in particular studies, meetings of experts, information and publication measures, expenses linked to IT systems and networks for the exchange and processing of information, together with all other technical and administrative assistance expenditures that the Commission may incur for the management of the programme.

(30)  Since the objectives of the action to be taken to facilitate the efficient and effective electronic cross-border and cross-sector interaction between European public administrations enabling the delivery of electronic public services supporting the implementation of Community policies and activities cannot be sufficiently achieved by the Member states and can therefore, by reason of the scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that article, this Decision does not go beyond what is necessary in order to achieve those objectives,

HAVE DECIDED AS FOLLOWS:

Article 1

Subject matter and objective

1.  This Decision establishes, for the period 2010-2015, a programme on interoperability solutions for European public administrations, including also local and regional administrations as well as Community institutions and bodies, providing common and shared solutions facilitating interoperability (hereinafter the "ISA programme").

2.  The objective of the ISA programme is to support the cooperation between European public administrations by facilitating the efficient and effective electronic cross-border and cross-sector interaction between such administrations, including bodies performing public functions on their behalf, enabling the delivery of electronic public services supporting the implementation of Community policies and activities.

Article 2

Definitions

Article 3

Activities

Article 4

General principles

Article 5

Actions

1.  The Community shall, in cooperation with the Member States, undertake the actions specified in the rolling work programme referred to in Article 9, in accordance with the implementation rules laid down in Article 8. Such actions shall be implemented by the Commission.

2.  A study shall have one phase and be concluded by the final report.

3.  A project shall, whenever appropriate, have three phases:

The relevant project phases shall be defined when the action is included in the rolling work programme.

4.  The implementation of the ISA programme shall be supported by accompanying measures.

Article 6

Project charter and execution report

1.  The project charter shall comprise a description of:

2.  The execution report shall comprise a description of:

Article 7

Solutions

1.  Common frameworks shall be established and maintained by means of studies.

Studies shall also serve as means for supporting the assessment of ICT implications of proposed or adopted Community legislation as well as the planning of the implementation of solutions in support of the implementation of such legislation.

1a.  Studies shall be published and forwarded to European Parliament committees responsible as a basis for future legislative modifications to ensure the interoperability of the computer systems used by public administrations.

2.  Generic tools shall be established and maintained by means of projects. Projects shall likewise be a means of establishing, industrialising, operating and maintaining common services.

Article 8

Implementation rules

1.  In the implementation of the ISA programme due consideration shall be given to the European Interoperability Strategy and the European Interoperability Framework.

2.  Involvement of the largest possible number of Member States in a study or project shall be encouraged. A study or project shall be open for accession at any stage, and Member States not involved in a study or project shall be encouraged to join at a later stage.

2a.  In order to ensure interoperability between national and community systems, common frameworks, common services and generic tools shall be specified with reference to existing European standards or publicly available or open specifications for information exchange and service integration.

3.  The establishment or improvement of solutions shall, whenever appropriate, build on or be accompanied by sharing of experience as well as by exchange and promotion of good practices.

4.  To avoid duplication and to speed up the establishment of solutions, results achieved by other relevant Community and Member States initiatives shall be taken into account, whenever appropriate.

To maximise synergies and ensure complementary and combined efforts, actions shall, whenever appropriate, be coordinated with other relevant Community initiatives.

5.  The initiation of actions, the definition of its phases and the establishment of project charters and execution reports shall be carried out and monitored by the Commission as part of the implementation of the rolling work programme established in accordance with Article 9.

Article 9

Rolling work programme

1.  The Commission shall establish a rolling work programme for the whole duration of this Decision for the implementation of actions.

2.  The Commission shall approve the rolling work programme and, at least once a year, any modification thereof.

3.  Without prejudice to Article 10(4), the procedure referred to in Article 12(2) shall apply in respect of the approval by the Commission of the rolling work programme and any modifications thereof.

4.  For each action, the rolling work programme shall, whenever appropriate, include:

5.  A project may be included in the rolling work programme in any of its phases.

Article 10

Budgetary provisions

1.  Funds shall be released on the basis of the reaching of specific milestones which shall be the following:

2.  Milestones to be reached during the execution phase as well as the operational phase, if any, shall be defined in the rolling work programme.

3.  If a project is included in the rolling work programme in its execution or operational phase, funds are released upon inclusion in the rolling work programme.

4.  Modifications to the rolling work programme concerning budgetary allocations of more than EUR 400.000 per action shall be adopted in accordance with the procedure referred to in Article 12(2).

5.  The ISA programme shall be implemented on the basis of the rules of public procurement.

Article 11

Community financial contribution

1.  The establishment and improvement of common frameworks and generic tools shall be funded fully by the ISA programme. The use of such frameworks and tools shall be financed by the users.

2.  The establishment, industrialisation and improvement of common services shall be funded fully by the ISA programme. The operation of such services shall be funded fully by the ISA programme to the extent that their use may serve Community interests. In other cases, use of the services, including their operation on a decentralised basis, shall be financed by the users.

3.  Accompanying measures shall be funded fully by the ISA programme.

Article 12

Committee

1.  The Commission shall be assisted by the committee on ▐ Interoperability Solutions for European Public Administrations (hereinafter "the ISA Committee "), composed of representatives of the Member States and chaired by the Commission.

2.  Where reference is made to this paragraph, Articles 4 and 7 of ║ Decision 1999/468/EC║ shall apply, having regard to the provisions of Article 8 thereof.

3.  The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.

4.  The ISA Committee shall adopt its rules of procedure.

Article 13

Monitoring and Evaluation

1.  The Commission shall regularly monitor the implementation of the ISA programme. It shall explore synergies with complementary Community programmes.

The Commission shall annually report to the ISA committee on the implementation of the ISA programme.

2.  Solutions shall be subject to a review every two years.

3.  The ISA programme shall be subject to an interim and a final evaluation, the results of which shall be communicated to the European Parliament and the Council by 31 December 2012 and 31 December 2015 respectively. In this context the responsible committee of the European Parliament may invite the Commission to present the evaluation results and answer questions put by its members.

The evaluations shall examine issues such as relevance, effectiveness, efficiency, utility, sustainability, coherence of the ISA actions and assess performance against the objective of the ISA programme and the rolling work programme. The final evaluation shall, in addition, examine the extent to which the ISA programme has achieved its objective.

The evaluations shall also examine the benefits yielded by the actions to the Community for the advancement of common policies, identify areas for potential improvement and verify synergies with other Community initiatives in the area of cross-border, cross-sector interoperability.

Article 13a

Interaction with stakeholders

The Commission shall bring together relevant stakeholders for the purposes of exchanging views among themselves and with the Commission on issues addressed by the ISA programme. To this end the Commission shall organise conferences, workshops and other meetings; it shall make use of electronic interactive platforms; and it may use any other means for interaction which it considers appropriate.

Article 14

International cooperation

1.  The ISA programme shall be opened, within the framework of their respective agreements with the Community, to participation by the countries of the European Economic Area and the candidate countries.

2.  Cooperation with other third countries and international organisations or bodies shall be encouraged, notably within the framework of the Euro-Mediterranean Partnership and Eastern Partnership and with neighbouring countries, in particular the Western Balkan countries and the countries of the Black Sea region . Related costs shall not be covered by the ISA programme.

2a.  The ISA programme shall promote, wherever appropriate re-use of its solutions by third countries.

Article 15

Non-Community initiatives

Without prejudice to other Community policies, solutions established or operated by the ISA programme may be used by non-Community initiatives, as long as no extra costs occur for the Community budget and the main Community objective of the solution is not compromised.

Article 16

Financial provisions

1.  The financial envelope for the implementation of the Community action under this Decision for the period from 1 January 2010 to 31 December 2015 is set at EUR 164.1 million, of which EUR 103.5 million is for the period from 1 January 2010 until 31 December 2013.

For the period following 31 December 2013, the amount shall be deemed to be confirmed if it is consistent for this phase with the financial framework in force for the period commencing in 2014.

2.  The annual appropriations shall be authorised by the budgetary authority within the limit of the financial framework.

Article 17

Entry into force

This Decision shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2010 until 31 December 2015.

Done at ║

For the European Parliament For the Council

The President The President

(1) PB C ... (2) PB C ... (3) Position of the European Parliament of 22 April 2009. (4) OJ C 291 E, 30.11.2006, p. 133. (5) OJ L 144, 30.4.2004, as corrected in OJ L181, 18.5.2004, p. 25. (6) OJ L 203, 3.8.1999, p. 1. ║ (7) OJ L 203, 3.8.1999, p. 9. ║. (8) OJ L 310, 9.11.2006, p. 15. (9) OJ L 184, 17.7.1999, p. 23. ║