Juhis Sisejulgeolekufondi riikliku programmi muutmiseks seoses EESi lisarahaga.

EN EN

EUROPEAN COMMISSION

Brussels, 13.7.2018

C(2018) 4362 final

COMMISSION DELEGATED REGULATION (EU) …/...

of 13.7.2018

supplementing Regulation (EU) No 515/2014 with regard to the allocation of extra

funding from the EU budget to the implementation of the Entry Exit System

Ref. Ares(2018)4126637 - 06/08/2018

EN 1 EN

EXPLANATORY MEMORANDUM

1. CONTEXT OF THE DELEGATED ACT

Article 15 of Regulation (EU) No 515/2014 of the European Parliament and of the Council 1

establishing, as part of the Internal Security Fund, the instrument for financial support for

external borders and visa empowers the Commission to adopt delegated acts.

In accordance with Article 15 of Regulation (EU) No 515/2014, the purpose of this Delegated

Regulation is to define the share of the amount referred to in point (b) of Article 5(5) of

Regulation (EU) No 515/2014 to be allocated to the implementation of the Entry Exit System

System (as referred to as “EES”), following the adoption on 30 November 2017 of the

Regulation (EU) No 2017/2226 of the European Parliament and of the Council 2

While specifying the type of costs to be covered by extra funding from the EU budget,

Regulation (EU) No 2017/2226 does not define the size of extra EU funding to be allocated

for that specific purpose. Consequently, such allocation, and the respective breakdown

between the different beneficiaries, has to be made through a Commission delegated act, in

accordance with Regulation (EU) No 515/2014, in particular point (f) of Article 5(3), point

(b) of Article 5(5), Article 15 and Article 17.

This Delegated Regulation sets out an amount of EUR 480 241 000 to cover the costs of

implementation of Regulation (EU) 2017/2226. Since this amount is mobilised from the

financial envelope of EUR 791 million foreseen under point (b) of Article 5(5) of Regulation

(EU) No 515/2014, and has already been budgeted in the EU 2017 and 2018 budgets, and

foreseen in the 2019 and 2020 budgets, this Delegated Regulation has no additional financial

impact.

The amount of EUR 480 241 000 is calculated taking in consideration Article 64 of

Regulation (EU) No 2017/2226, which specifies the costs related to the implementation of the

EES that would be borne by extra funding from the general budget of the Union, as well as

previous technical studies.

An amount of EUR 287 863 000 will be allocated to the European Agency for the operational

management of large scale information systems in the area of freedom, security and justice

established by Regulation (EU) No 1077/2011 (as referred to as “eu-LISA”) to cover the costs

foreseen under Article 64(1) of Regulation (EU) No 2017/2226, i.e. the establishment and

operation of the EES Central System, the Communication Infrastructure, the NUI, the web

service and the data repository referred to in Article 63(2) of the EES Regulation. In

accordance with Regulation (EU) No 2017/2226, eu-LISA is responsible for the provision of

such services.

An overall amount of EUR 192 378 000 will be allocated to the Member States implementing

the EES, to cover the costs foreseen under Article 64(2), first subparagraph, of Regulation

(EU) No 2017/2226, i.e. the costs related to the integration of the existing national border

infrastructure and its connection to the National Uniform Interface (NUI), as well as the costs

1 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014

establishing, as part of the Internal Security Fund, the instrument for financial support for external

borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.05.2014, p. 143). 2 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017

establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-

country nationals crossing the external borders of the Member States and determining the conditions for

access to the EES for law enforcement purposes, and amending the Convention implementing the

Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327,

09.12.2017, p. 20).

EN 2 EN

for hosting the NUI. This overall amount will also cover the costs of establishment and

operation of the NUI referred to in Article 64(1) of Regulation (EU) No 2017/226 as these

costs are incurred by both eu-LISA and the Member States.

As the cost per Member State for the integration of its national border infrastructure with the

EES via the NUI and subsequent operation of the NUI is very similar, independently of the

size of the country, length of external borders, number of border crossing points, number of

persons crossing the borders, etc 3 , such amount will be allocated at equal shares to the

participating Member States. With such an amount the participating Member States will be

able to cover the costs of integration of their existing national border infrastructure to the

central system through their respective NUI (approximately EUR 4 million), as well as its

operation 24/7 for an average of 3 years (extra amount of EUR 2 412 600). Such amount

should be added to their respective National Programmes under the ISF – Borders and Visa

instrument.

All the amounts mentioned above correspond to the amounts given in the Commission's

Legislative Financial Statement (LFS) annexed to the COM proposal 4 on Regulation (EU) No

2017/226.

2. CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

Pursuant to the Better Regulation rules and pursuant to recital 41 of Regulation (EU)

515/2014, the Commission should consult experts from all Member States when preparing

delegated acts.

Given the pressing need for a quick adoption of this Commission Delegated Regulation, since

part of the budgetary resources to be mobilised for its purpose are foreseen under the 2017

Budget and carried over to the 2018 EU budget, there was no time to organize an expert group

meeting on this Delegated Regulation. However, Member States were consulted and given

the opportunity to comment the draft Delegated Regulation in writing between 17 May and 5

June. Following the comments provided by the Member States, a revised draft was circulated

to the Member States.

In addition, the topic was extensively discussed and subject to stakeholder consultation in

2015 during the preparation of the EES Regulation.

Finally, due to the nature of this delegated act, which simply translates into funding terms the

measures set out in the EES Regulation, the Commission considered that there was no added

value in publishing the draft Delegated Regulation for feedback mechanism.

3. LEGAL ELEMENTS OF THE DELEGATED ACT

Article 15 of Regulation (EU) No 515/2014 of the European Parliament and of the Council

establishing, as part of the Internal Security Fund, the instrument for financial support for

external borders and visa, empowers the Commission to adopt a delegated act establishing the

breakdown of the amount referred to in point (b) of Article 5(5) of Regulation (EU) No

3 According to the technical studies on Smart Borders (cost analysis) made in October 2014, the costs for

each Member State to integrate their existing infrastructure to the central system through their

respective NUI were estimated at approximately EUR 4 million. Moreover, the legislator made it very

clear in Article 64 of the EES Regulation that no extra funding would be provided for any other

expenditure than that mentioned above, and so any other variable costs deriving from each MS

particular needs and infrastructure are not to be covered with funds stemming from the EES Regulation. 4 COM(2016)194 of 6.4.2016.

EN 3 EN

515/2014 for developing IT systems, in case the breakdown of such amount is not made in the

relevant Union legislative acts.

Article 17 of Regulation (EU) No 515/2014 defines the conditions under which such

delegated act can be adopted.

Article 64 of the Regulation (EU) 2017/2226 of the European Parliament and of the Council

establishing an Entry/Exit System (EES), adopted on 30 November 2017, details the costs

incurred with the implementation of the EES that would be supported with the general budget

of the Union.

EN 4 EN

COMMISSION DELEGATED REGULATION (EU) …/...

of 13.7.2018

supplementing Regulation (EU) No 515/2014 with regard to the allocation of extra

funding from the EU budget to the implementation of the Entry Exit System

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 515/2014 of the European Parliament and of the

Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for

financial support for external borders and visa and repealing Decision No 574/2007/EC 5 , and

in particular the second subparagraph of Article 15 thereof,

Whereas:

(1) Article 5(5)(b) of Regulation (EU) No 515/2014 allocates EUR 791 million for

developing IT systems supporting the management of migration flows across the

external borders, subject to the adoption of the relevant Union legislative acts.

(2) Article 15 of Regulation (EU) No 515/2014 empowers the Commission to adopt a

delegated act establishing the breakdown of the amount referred to in Article 5(5) (b)

of Regulation (EU) No 515/2014 for developing IT systems, in the case where the

breakdown of such amount is not made in the relevant Union legislative acts.

(3) Regulation (EU) 2017/2226 of the European Parliament and of the Council 6

establishes the Entry/Exit System (EES). The EES is a central component of the IT

systems referred to in recitals (1) and (2). In addition, it is crucial that the

implementation of Regulation (EU) 2017/2226 starts without further delay, so that the

system is fully operational by 2020, as planned.

(4) Article 64 of Regulation (EU) 2017/2226 specifies the costs incurred in connection

with the implementation of the EES that would be borne by the general budget of the

Union thereby supporting these costs at a 100% rate. However, that provision

determines neither the size of extra funding that will be dedicated to cover those costs,

nor its breakdown per type of costs and beneficiaries.

(5) From the financial envelope provided for in Article 5(5)(b) of Regulation (EU) No

515/2014, an overall allocation of EUR 480 241 000 should be made available to

cover the costs linked to the application of Article 64(1) and (2) of Regulation (EU)

2017/2226.

5 OJ L 150, 20.5.2014, p. 143. 6 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017

establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-

country nationals crossing the external borders of the Member States and determining the conditions for

access to the EES for law enforcement purposes, and amending the Convention implementing the

Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327,

09.12.2017, p. 20).

EN 5 EN

(6) Of that overall allocation, an amount of EUR 287 863 000 should be made available to

the European Agency for the operational management of large scale information

systems in the area of freedom, security and justice (‘eu-LISA’) to cover in accordance

with Article 37 of Regulation (EU) 2017/2226, the costs related to the establishment

and operation of the EES Central System, the Communication Infrastructure, the

National Uniform Interface (NUI), the web service and the data repository referred to

in Article 63(2) of Regulation (EU) 2017/2226, as provided in Article 64(1) of that

Regulation.

(7) Of that overall allocation, an amount of EUR 192 378 000 should be made available to

the Member States to cover the costs incurred in connection with the integration of the

existing national border infrastructure and its connection to the NUI, as well as in

connection with hosting the NUI, as provided for in Article 64(2) of Regulation (EU)

2017/2226. In addition, that amount should cover the costs linked to the establishment

and operation of the NUI as referred to in Article 64(1) of Regulation (EU) 2017/2226,

as those costs are incurred both by eu-LISA and the Member States.

(8) In accordance with the second subparagraph of Article 64(2) of Regulation (EU)

2017/2226, the amount of EUR 192 378 000 cannot be used to support the costs listed

in that subparagraph. However those costs would be eligible for funding under the

national programmes in the Internal Security Fund established by Regulation (EU)

515/2014 at the co-financing rate referred to in Article 16(3), (4) and (5) of Regulation

(EU) 514/2014.

(9) Given that Regulation (EU) 2017/2226 builds upon the Schengen acquis, Denmark, in

accordance with Article 4 of Protocol (No 22) on the position of Denmark, annexed to

the Treaty on European Union and to the Treaty on the Functioning of the European

Union, decided to implement Regulation (EU) 2017/2226 in its national law. Denmark

is therefore bound under international law.

(10) This Regulation constitutes a development of provisions of the Schengen acquis in

which the United Kingdom does not take part, in accordance with Council Decision

2000/365/EC 7 ; the United Kingdom is therefore not taking part in the adoption of this

Regulation and is not bound by it or subject to its application. This Regulation should

therefore not be addressed to the United Kingdom.

(11) This Regulation constitutes a development of provisions of the Schengen acquis in

which Ireland does not take part, in accordance with Council Decision 2002/192/EC 8 ;

Ireland is therefore not taking part in the adoption of this Regulation and is not bound

by it or subject to its application. This Regulation should therefore not be addressed to

Ireland.

(12) As regards Iceland and Norway, this Regulation constitutes a development of the

Schengen acquis within the meaning of the Agreement concluded by the Council of

the European Union and the Republic of Iceland and the Kingdom of Norway

concerning the latters' association with the implementation, application and

7 Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great

Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131,

1.6.2000, p. 43). 8 Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of

the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

EN 6 EN

development of the Schengen acquis 9 which falls within the areas referred to in Article

1, Points A and B of Council Decision 1999/437/EC 10

.

(13) As regards Switzerland, this Regulation constitutes a development of provisions of the

Schengen acquis within the meaning of the Agreement between the European Union,

the European Community and the Swiss Confederation on the Swiss Confederation's

association with the implementation, application and development of the Schengen

acquis 11

which fall within the area referred to in Article 1, Points A and B of Decision

1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC 12

.

(14) As regards Liechtenstein, this Regulation constitutes a development of the provisions

of the Schengen acquis within the meaning of the Protocol between the European

Union, the European Community, the Swiss Confederation and the Principality of

Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement

between the European Union, the European Community and the Swiss Confederation

on the Swiss Confederation's association with the implementation, application and

development of the Schengen acquis 13

which fall within the area referred to in Article

1, Points A and B of Decision 1999/437/EC read in conjunction with Article 3 of

Council Decision 2011/350/EU 14

.

(15) In order to allow for the prompt application of the measures provided for in this

Regulation, the Regulation should enter into force on the day following that of its

publication in the Official Journal of the European Union.

(16) The measures provided for in this Regulation are in accordance with the opinion

expressed by experts from all Member States consulted specifically for that purpose.

(17) Regulation (EU) No 515/2014 should therefore be supplemented accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

1. A total amount of EUR 480 241 000 shall be allocated from the general budget of the

Union to cover the costs of implementation of Regulation (EU) 2017/2226 in

accordance with Article 64 of that Regulation.

9 OJ L 176, 10.7.1999, p. 36. 10 Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the

Agreement concluded by the Council of the European Union and the Republic of Iceland and the

Kingdom of Norway concerning the association of those two States with the implementation,

application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31). 11 OJ L 53, 27.2.2008, p. 52. 12 Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European

Community, of the Agreement between the European Union, the European Community and the Swiss

Confederation on the Swiss Confederation's association with the implementation, application and

development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1). 13 OJ L 160, 18.6.2011, p. 21. 14 Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union,

of the Protocol between the European Union, the European Community, the Swiss Confederation and

the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement

between the European Union, the European Community and the Swiss Confederation on the Swiss

Confederation's association with the implementation, application and development of the Schengen

acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160,

18.6.2011, p. 19).

EN 7 EN

2. The amount referred to in paragraph 1 shall be taken from the amount of EUR

791 000 000 earmarked for the development of IT systems referred to in

Article 5(5)(b) of Regulation (EU) No 515/2014.

Article 2

The amount referred to in Article 1(1) shall be used as follows:

(a) EUR 287 863 000 shall be allocated to the European Agency for the

operational management of large scale information systems in the area of

freedom, security and justice established by Regulation (EU) No 1077/2011 to

cover the costs referred to in Article 64(1) of Regulation (EU) 2017/2226.

(b) EUR 192 378 000 shall be allocated to the Member States to cover the costs

referred to in Article 64(2) of Regulation (EU) 2017/2226 as well as the costs

incurred in connection with the establishment and operation of the National

Uniform Interface as referred to in Article 64(1) of Regulation (EU)

2017/2226. In accordance with Article 64(1) and (2) of Regulation (EU)

2017/2226, the contribution from the Union budget to the costs incurred shall

amount to 100% of the total eligible expenditure. Such contribution shall be

allocated in equal shares to the Member States.

Article 3

This Regulation shall enter into force on the day following that of its publication in the

Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in

accordance with the Treaties.

Done at Brussels, 13.7.2018

For the Commission

The President

Jean-Claude JUNCKER

EN EN

EUROPEAN COMMISSION

Brussels, 13.7.2018

C(2018) 4362 final

COMMISSION DELEGATED REGULATION (EU) …/...

of 13.7.2018

supplementing Regulation (EU) No 515/2014 with regard to the allocation of extra

funding from the EU budget to the implementation of the Entry Exit System

Ref. Ares(2018)4126637 - 06/08/2018

EN 1 EN

EXPLANATORY MEMORANDUM

1. CONTEXT OF THE DELEGATED ACT

Article 15 of Regulation (EU) No 515/2014 of the European Parliament and of the Council 1

establishing, as part of the Internal Security Fund, the instrument for financial support for

external borders and visa empowers the Commission to adopt delegated acts.

In accordance with Article 15 of Regulation (EU) No 515/2014, the purpose of this Delegated

Regulation is to define the share of the amount referred to in point (b) of Article 5(5) of

Regulation (EU) No 515/2014 to be allocated to the implementation of the Entry Exit System

System (as referred to as “EES”), following the adoption on 30 November 2017 of the

Regulation (EU) No 2017/2226 of the European Parliament and of the Council 2

While specifying the type of costs to be covered by extra funding from the EU budget,

Regulation (EU) No 2017/2226 does not define the size of extra EU funding to be allocated

for that specific purpose. Consequently, such allocation, and the respective breakdown

between the different beneficiaries, has to be made through a Commission delegated act, in

accordance with Regulation (EU) No 515/2014, in particular point (f) of Article 5(3), point

(b) of Article 5(5), Article 15 and Article 17.

This Delegated Regulation sets out an amount of EUR 480 241 000 to cover the costs of

implementation of Regulation (EU) 2017/2226. Since this amount is mobilised from the

financial envelope of EUR 791 million foreseen under point (b) of Article 5(5) of Regulation

(EU) No 515/2014, and has already been budgeted in the EU 2017 and 2018 budgets, and

foreseen in the 2019 and 2020 budgets, this Delegated Regulation has no additional financial

impact.

The amount of EUR 480 241 000 is calculated taking in consideration Article 64 of

Regulation (EU) No 2017/2226, which specifies the costs related to the implementation of the

EES that would be borne by extra funding from the general budget of the Union, as well as

previous technical studies.

An amount of EUR 287 863 000 will be allocated to the European Agency for the operational

management of large scale information systems in the area of freedom, security and justice

established by Regulation (EU) No 1077/2011 (as referred to as “eu-LISA”) to cover the costs

foreseen under Article 64(1) of Regulation (EU) No 2017/2226, i.e. the establishment and

operation of the EES Central System, the Communication Infrastructure, the NUI, the web

service and the data repository referred to in Article 63(2) of the EES Regulation. In

accordance with Regulation (EU) No 2017/2226, eu-LISA is responsible for the provision of

such services.

An overall amount of EUR 192 378 000 will be allocated to the Member States implementing

the EES, to cover the costs foreseen under Article 64(2), first subparagraph, of Regulation

(EU) No 2017/2226, i.e. the costs related to the integration of the existing national border

infrastructure and its connection to the National Uniform Interface (NUI), as well as the costs

1 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014

establishing, as part of the Internal Security Fund, the instrument for financial support for external

borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.05.2014, p. 143). 2 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017

establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-

country nationals crossing the external borders of the Member States and determining the conditions for

access to the EES for law enforcement purposes, and amending the Convention implementing the

Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327,

09.12.2017, p. 20).

EN 2 EN

for hosting the NUI. This overall amount will also cover the costs of establishment and

operation of the NUI referred to in Article 64(1) of Regulation (EU) No 2017/226 as these

costs are incurred by both eu-LISA and the Member States.

As the cost per Member State for the integration of its national border infrastructure with the

EES via the NUI and subsequent operation of the NUI is very similar, independently of the

size of the country, length of external borders, number of border crossing points, number of

persons crossing the borders, etc 3 , such amount will be allocated at equal shares to the

participating Member States. With such an amount the participating Member States will be

able to cover the costs of integration of their existing national border infrastructure to the

central system through their respective NUI (approximately EUR 4 million), as well as its

operation 24/7 for an average of 3 years (extra amount of EUR 2 412 600). Such amount

should be added to their respective National Programmes under the ISF – Borders and Visa

instrument.

All the amounts mentioned above correspond to the amounts given in the Commission's

Legislative Financial Statement (LFS) annexed to the COM proposal 4 on Regulation (EU) No

2017/226.

2. CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

Pursuant to the Better Regulation rules and pursuant to recital 41 of Regulation (EU)

515/2014, the Commission should consult experts from all Member States when preparing

delegated acts.

Given the pressing need for a quick adoption of this Commission Delegated Regulation, since

part of the budgetary resources to be mobilised for its purpose are foreseen under the 2017

Budget and carried over to the 2018 EU budget, there was no time to organize an expert group

meeting on this Delegated Regulation. However, Member States were consulted and given

the opportunity to comment the draft Delegated Regulation in writing between 17 May and 5

June. Following the comments provided by the Member States, a revised draft was circulated

to the Member States.

In addition, the topic was extensively discussed and subject to stakeholder consultation in

2015 during the preparation of the EES Regulation.

Finally, due to the nature of this delegated act, which simply translates into funding terms the

measures set out in the EES Regulation, the Commission considered that there was no added

value in publishing the draft Delegated Regulation for feedback mechanism.

3. LEGAL ELEMENTS OF THE DELEGATED ACT

Article 15 of Regulation (EU) No 515/2014 of the European Parliament and of the Council

establishing, as part of the Internal Security Fund, the instrument for financial support for

external borders and visa, empowers the Commission to adopt a delegated act establishing the

breakdown of the amount referred to in point (b) of Article 5(5) of Regulation (EU) No

3 According to the technical studies on Smart Borders (cost analysis) made in October 2014, the costs for

each Member State to integrate their existing infrastructure to the central system through their

respective NUI were estimated at approximately EUR 4 million. Moreover, the legislator made it very

clear in Article 64 of the EES Regulation that no extra funding would be provided for any other

expenditure than that mentioned above, and so any other variable costs deriving from each MS

particular needs and infrastructure are not to be covered with funds stemming from the EES Regulation. 4 COM(2016)194 of 6.4.2016.

EN 3 EN

515/2014 for developing IT systems, in case the breakdown of such amount is not made in the

relevant Union legislative acts.

Article 17 of Regulation (EU) No 515/2014 defines the conditions under which such

delegated act can be adopted.

Article 64 of the Regulation (EU) 2017/2226 of the European Parliament and of the Council

establishing an Entry/Exit System (EES), adopted on 30 November 2017, details the costs

incurred with the implementation of the EES that would be supported with the general budget

of the Union.

EN 4 EN

COMMISSION DELEGATED REGULATION (EU) …/...

of 13.7.2018

supplementing Regulation (EU) No 515/2014 with regard to the allocation of extra

funding from the EU budget to the implementation of the Entry Exit System

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 515/2014 of the European Parliament and of the

Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for

financial support for external borders and visa and repealing Decision No 574/2007/EC 5 , and

in particular the second subparagraph of Article 15 thereof,

Whereas:

(1) Article 5(5)(b) of Regulation (EU) No 515/2014 allocates EUR 791 million for

developing IT systems supporting the management of migration flows across the

external borders, subject to the adoption of the relevant Union legislative acts.

(2) Article 15 of Regulation (EU) No 515/2014 empowers the Commission to adopt a

delegated act establishing the breakdown of the amount referred to in Article 5(5) (b)

of Regulation (EU) No 515/2014 for developing IT systems, in the case where the

breakdown of such amount is not made in the relevant Union legislative acts.

(3) Regulation (EU) 2017/2226 of the European Parliament and of the Council 6

establishes the Entry/Exit System (EES). The EES is a central component of the IT

systems referred to in recitals (1) and (2). In addition, it is crucial that the

implementation of Regulation (EU) 2017/2226 starts without further delay, so that the

system is fully operational by 2020, as planned.

(4) Article 64 of Regulation (EU) 2017/2226 specifies the costs incurred in connection

with the implementation of the EES that would be borne by the general budget of the

Union thereby supporting these costs at a 100% rate. However, that provision

determines neither the size of extra funding that will be dedicated to cover those costs,

nor its breakdown per type of costs and beneficiaries.

(5) From the financial envelope provided for in Article 5(5)(b) of Regulation (EU) No

515/2014, an overall allocation of EUR 480 241 000 should be made available to

cover the costs linked to the application of Article 64(1) and (2) of Regulation (EU)

2017/2226.

5 OJ L 150, 20.5.2014, p. 143. 6 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017

establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-

country nationals crossing the external borders of the Member States and determining the conditions for

access to the EES for law enforcement purposes, and amending the Convention implementing the

Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327,

09.12.2017, p. 20).

EN 5 EN

(6) Of that overall allocation, an amount of EUR 287 863 000 should be made available to

the European Agency for the operational management of large scale information

systems in the area of freedom, security and justice (‘eu-LISA’) to cover in accordance

with Article 37 of Regulation (EU) 2017/2226, the costs related to the establishment

and operation of the EES Central System, the Communication Infrastructure, the

National Uniform Interface (NUI), the web service and the data repository referred to

in Article 63(2) of Regulation (EU) 2017/2226, as provided in Article 64(1) of that

Regulation.

(7) Of that overall allocation, an amount of EUR 192 378 000 should be made available to

the Member States to cover the costs incurred in connection with the integration of the

existing national border infrastructure and its connection to the NUI, as well as in

connection with hosting the NUI, as provided for in Article 64(2) of Regulation (EU)

2017/2226. In addition, that amount should cover the costs linked to the establishment

and operation of the NUI as referred to in Article 64(1) of Regulation (EU) 2017/2226,

as those costs are incurred both by eu-LISA and the Member States.

(8) In accordance with the second subparagraph of Article 64(2) of Regulation (EU)

2017/2226, the amount of EUR 192 378 000 cannot be used to support the costs listed

in that subparagraph. However those costs would be eligible for funding under the

national programmes in the Internal Security Fund established by Regulation (EU)

515/2014 at the co-financing rate referred to in Article 16(3), (4) and (5) of Regulation

(EU) 514/2014.

(9) Given that Regulation (EU) 2017/2226 builds upon the Schengen acquis, Denmark, in

accordance with Article 4 of Protocol (No 22) on the position of Denmark, annexed to

the Treaty on European Union and to the Treaty on the Functioning of the European

Union, decided to implement Regulation (EU) 2017/2226 in its national law. Denmark

is therefore bound under international law.

(10) This Regulation constitutes a development of provisions of the Schengen acquis in

which the United Kingdom does not take part, in accordance with Council Decision

2000/365/EC 7 ; the United Kingdom is therefore not taking part in the adoption of this

Regulation and is not bound by it or subject to its application. This Regulation should

therefore not be addressed to the United Kingdom.

(11) This Regulation constitutes a development of provisions of the Schengen acquis in

which Ireland does not take part, in accordance with Council Decision 2002/192/EC 8 ;

Ireland is therefore not taking part in the adoption of this Regulation and is not bound

by it or subject to its application. This Regulation should therefore not be addressed to

Ireland.

(12) As regards Iceland and Norway, this Regulation constitutes a development of the

Schengen acquis within the meaning of the Agreement concluded by the Council of

the European Union and the Republic of Iceland and the Kingdom of Norway

concerning the latters' association with the implementation, application and

7 Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great

Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131,

1.6.2000, p. 43). 8 Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of

the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

EN 6 EN

development of the Schengen acquis 9 which falls within the areas referred to in Article

1, Points A and B of Council Decision 1999/437/EC 10

.

(13) As regards Switzerland, this Regulation constitutes a development of provisions of the

Schengen acquis within the meaning of the Agreement between the European Union,

the European Community and the Swiss Confederation on the Swiss Confederation's

association with the implementation, application and development of the Schengen

acquis 11

which fall within the area referred to in Article 1, Points A and B of Decision

1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC 12

.

(14) As regards Liechtenstein, this Regulation constitutes a development of the provisions

of the Schengen acquis within the meaning of the Protocol between the European

Union, the European Community, the Swiss Confederation and the Principality of

Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement

between the European Union, the European Community and the Swiss Confederation

on the Swiss Confederation's association with the implementation, application and

development of the Schengen acquis 13

which fall within the area referred to in Article

1, Points A and B of Decision 1999/437/EC read in conjunction with Article 3 of

Council Decision 2011/350/EU 14

.

(15) In order to allow for the prompt application of the measures provided for in this

Regulation, the Regulation should enter into force on the day following that of its

publication in the Official Journal of the European Union.

(16) The measures provided for in this Regulation are in accordance with the opinion

expressed by experts from all Member States consulted specifically for that purpose.

(17) Regulation (EU) No 515/2014 should therefore be supplemented accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

1. A total amount of EUR 480 241 000 shall be allocated from the general budget of the

Union to cover the costs of implementation of Regulation (EU) 2017/2226 in

accordance with Article 64 of that Regulation.

9 OJ L 176, 10.7.1999, p. 36. 10 Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the

Agreement concluded by the Council of the European Union and the Republic of Iceland and the

Kingdom of Norway concerning the association of those two States with the implementation,

application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31). 11 OJ L 53, 27.2.2008, p. 52. 12 Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European

Community, of the Agreement between the European Union, the European Community and the Swiss

Confederation on the Swiss Confederation's association with the implementation, application and

development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1). 13 OJ L 160, 18.6.2011, p. 21. 14 Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union,

of the Protocol between the European Union, the European Community, the Swiss Confederation and

the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement

between the European Union, the European Community and the Swiss Confederation on the Swiss

Confederation's association with the implementation, application and development of the Schengen

acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160,

18.6.2011, p. 19).

EN 7 EN

2. The amount referred to in paragraph 1 shall be taken from the amount of EUR

791 000 000 earmarked for the development of IT systems referred to in

Article 5(5)(b) of Regulation (EU) No 515/2014.

Article 2

The amount referred to in Article 1(1) shall be used as follows:

(a) EUR 287 863 000 shall be allocated to the European Agency for the

operational management of large scale information systems in the area of

freedom, security and justice established by Regulation (EU) No 1077/2011 to

cover the costs referred to in Article 64(1) of Regulation (EU) 2017/2226.

(b) EUR 192 378 000 shall be allocated to the Member States to cover the costs

referred to in Article 64(2) of Regulation (EU) 2017/2226 as well as the costs

incurred in connection with the establishment and operation of the National

Uniform Interface as referred to in Article 64(1) of Regulation (EU)

2017/2226. In accordance with Article 64(1) and (2) of Regulation (EU)

2017/2226, the contribution from the Union budget to the costs incurred shall

amount to 100% of the total eligible expenditure. Such contribution shall be

allocated in equal shares to the Member States.

Article 3

This Regulation shall enter into force on the day following that of its publication in the

Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in

accordance with the Treaties.

Done at Brussels, 13.7.2018

For the Commission

The President

Jean-Claude JUNCKER

1

EUROPEAN COMMISSION DIRECTORATE-GENERAL MIGRATION AND HOME AFFAIRS Directorate E: Migration and Security Funds; Financial Resources and Monitoring The Director

Subject: Guidance Note - Revision of ISF National Programmes (Borders and Visa

instrument) to add extra funding to cover certain costs related to the implementation of the Entry Exit System (EES)

Dear Members of the AMIF-ISF Committee,

Please find below detailed information and guidance on the revision of ISF National Programmes to add extra funding to cover certain costs related to the implementation of the Entry Exit System (EES).

1. INTRODUCTION

In line with Article 64 of Regulation (EU) 2017/2226 of the European Parliament and of the Council establishing an Entry/Exit System (EES), adopted on 30 November 2017, extra EU funding is being provided through the ISF National Programmes, Borders and Visa instrument (hereafter ISF-B&V)1 to cover certain costs related to the implementation of the EES.

Such extra funding is taken from the financial envelope of EUR 791 million set aside in the ISF-B&V specifically for the development of IT systems supporting the management of migration flows across the external borders (Regulation (EU) No 515/2014, Article 5.5(b)). As set out in Commission Delegated Regulation C(2018)4362_final supplementing Regulation (EU) No 515/2014 with regard to the allocation of extra funding from the EU budget to the implementation of the EES, a total amount of EUR 192 378 000 shall be mobilised from this financial envelope and allocated to the participating Member States for that purpose. This extra funding allocated to the Member States aims to cover exclusively the costs referred to in Article 64(2) of Regulation (EU) 2017/2226, as well as the costs incurred in connection with the establishment and operation of the National Uniform Interface

1 Through an amendment in the ETIAS Regulation, a paragraph 5 was inserted in Article 64 of the EES Regulation, which

reads as follows: "Funding to be mobilised from the envelope referred to in Article 5(5) point (b) of Regulation (EU) No 515/2014 to cover the costs referred to in the preceding paragraphs shall be implemented under indirect management for the costs incurred by eu-LISA and under shared management for the costs incurred by the Member States."

AMIF-ISF/2018/14

Asylum, Migration and Integration and Internal Security Funds Committee

Ref. Ares(2018)4126637 - 06/08/2018

2

(NUI), as referred to in Article 64(1) of Regulation (EU) 2017/2226, and can cover up to 100% of those specific costs. Since the cost per Member State for the integration of its national border infrastructure with the EES via the NUI and subsequent operation of the NUI is very similar, independently of the size of the country, length of external borders, number of border crossing points, number of persons crossing the borders, etc., each participating Member State should receive a similar amount. Each participating Member State (and Schengen Associated Country) will therefore receive under their respective ISF-B&V NP an extra allocation of EUR 6 412 600 for this specific purpose2.

It should be noted that any other variable costs related to the implementation of the EES deriving from each Member State’s particular needs and infrastructure are not to be covered by this extra funding stemming from the EES Regulation.

2. REVISION OF ISF NP

The revision of the ISF-B&V NP will be possible only when the Commission Delegated Regulation C(2018)4362_final enters into force, which should happen by mid-September. Only then can the Commission services launch the internal procedures for the adoption of the revised ISF NPs, starting with the Commission's internal Inter-Service Consultation (ISC) and concluding with the adoption of the NPs by the College of Commissioners through written procedure. On the other hand, since a part of the extra funding envisaged for this purpose was carried over from the EU 2017 budget, and so will be lost if not committed by the Commission before the end of 2018, this revision of the ISF-B&V NP, and respective commitments, must absolutely take place before the end of this year. Considering this tight schedule, it is extremely important that all the revision works are finalised and the revised ISF-B&V NPs are ready for the Commission's ISC by mid- September. Member States are therefore invited to submit the drafts of the revised NP by 7th of September 2018 at the latest along the following lines: 1) Each Member State (26 Member States and 4 Schengen Associated Countries) receives an

extra allocation of EUR 6 412 600 under their respective ISF National Programme. 2) Such extra allocation should be added in Table 1 (Financing Plan ISF-Borders) of Section

7, under the SO2 / NO6 (National Capacity). Under Table 1, the following paragraph will be added in the SFC2014 template: “The amount under SO2 / NO6 includes an envelope of EUR 6 412 600 to be spent in accordance with Article 64(1) and (2) of Regulation (EU) No 2017/2226. This specific

2 According to the technical studies on Smart Borders (cost analysis) made in October 2014, the costs for each Member State

to integrate their existing infrastructure to the central system through their respective NUI were estimated at approximately EUR 4 million, while the costs of operation 24/7 for an average of 3 years were roughly estimated at approximately EUR 2 -2.5 million.

3

allocation can support 100% of those costs (including costs of operating the system3) and is provided exclusively for this purpose. It cannot be used to cover other needs/costs, including those referred to in subparagraphs a) to g) of article 64(2) and article 64 (3). This specific allocation shall not be taken into consideration in the calculation that determines the percentage of funding that may be used to finance operating support, according to Article 10 (1) of Regulation (EU) No 515/2014.”

3) In the corresponding section of the narrative part of the programme detailing the funding priorities to be covered through the NP, under SO2 / NO6, each Member State shall insert the following paragraph: "Development and implementation of the EU Entry-Exit System (EES). Funding for this priority will be provided as stipulated under Section 7."

4) The draft NP revised along these lines should be submitted through SFC2014 by the 7th of September 2018 at the latest4. This revised draft NP should include also, for those Member States whose revision in the framework of the mid term review (MTR) has not been carried out yet, the extra funding provided under the MTR, as well as any adjustments agreed in the respective priorities of the ISF NP, as necessary5.

This would allow the Commission services to launch immediately after the entry into force of the Commission Delegated Regulation the internal procedures for the revision of the ISF- B&V NPs, so that the thus revised NP can be adopted towards October/November 2018 and the respective extra funds can be committed immediately after, still before the end of the year.

3. IMPLEMENTATION AND MONITORING OF ISF NP

The implementation of the above-mentioned activities under the ISF-B&V NP will be closely monitored, not only to ensure that the objectives of the programme are reached and that the Entry-Exit System Regulation is duly complied with, but also to ensure that the costs covered through the above-mentioned extra allocation are those referred to in Article 64(1) and 64(2) of Regulation (EU) No 2017/2226. As stated above, such allocation can support 100% of those costs (no co-financing needed). Member States have the possibility to use the other resources of the NP to cover any other costs related to the implementation of the EES, including those referred to in subparagraphs a) to g) of article 64(2) and article 64 (3) of Regulation (EU) No 2017/2226. However, for such costs the general co-financing principle applies, meaning that as a rule the funding from the NP can cover only up to 75% of those costs.

3 Costs for "using" the system, i.e. costs required for having a 24/7 operations of the EES components such as additional staff in particular whether that is for monitoring, support and problem resolution, or implementing tools and devices that ensure 24/7 operations. 4 Those Member States for which the MTR revision of the ISF NP is already ongoing and not completed by the 7 September 2018 should submit a EES revised ISF NP as soon as possible. 5 Those Member States who have been awarded EBCGA/Frontex equipment in the framework of the 2018 pledging exercise for Specific Actions will be asked to add such equipment to their ISF-B&V NP later in September 2018, so that such equipment can still be included in the same revision of the NP, thus reducing the administrative burden and ensuring that the respective commitments are also made before the end of the year.

4

For that reason, the projects related to the implementation of the EES supported through the NP should be clearly identifiable in the accounts, to be able to distinguish those related to the activities/costs referred to in Article 64(1) and 64(2) of Regulation (EU) No 2017/2226. For that purpose, in addition to the current “EES” keyword, another keyword “EES- Regulation 2017/2226” will be added in the SFC2014 accounts module, so that Member States can tick it when reporting on the project supported through the specific extra allocation of EUR 6 412 600. Member States are also encouraged to add a reference to Regulation (EU) 2017/2226 in the title of the project that is supported by that extra allocation. As noted above, this specific allocation shall not be taken into consideration in the calculation that determines the percentage of 40% of the ISF-B&V NP resources that may be used to finance operating support, according to Article 10 (1) of Regulation (EU) No 515/2014.

Yours sincerely,

Beate GMINDER Chair of the AMIF-ISF Committee

[e-Signed]

Enclosures (1 document): - Commission Delegated Regulation (EU) defining the extra funding from the EU Budget

to be allocated to the implementation of the Entry Exit System by supplementing Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC

Electronically signed on 06/08/2018 09:52 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563

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