Estonia - Programme - ISF - Programme Adoption 2021-2027 - Observations Letter - Ares(2022)5172775

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ANNEX

Observations on Estonia ISF programme 2021 – 2027

Section 1 – Programme strategy: main challenges and policy responses Reference: Article 22(3)(a)(iii), (iv), (vii) and (ix) of Regulation (EU) 2021/1060 (CPR)

(1) The Commission services invite the Estonian authorities to re-examine the

programme in light of possible security related challenges resulting from the

invasion of Ukraine by the Russian Federation and the refugee inflow from

Ukraine. Member States may wish to refer to such challenges and allow for

flexibility in programming actions to address them with the 2021-2027 resources.

Coordination with the Managing Authorities in charge of other relevant EU Funds

is also recommended.

(2) The measures to address the challenges for ISF include developments and

continuity of information and communication technologies, smart and innovative

technological tools. As ERDF and RRF are also financing ICT in public services,

please add a clearer demarcation.

Section 2 – Specific objectives Reference: Article 22(2)(c), Article 22(3), and Article 22(4) CPR

All Specific Objectives

(3) The Commission services acknowledge the source neutral strategic planning for

2021-2027 programming period of Estonia. However, the Estonian authorities are

invited to clearly present under each Specific Objective and within the framework

of the selected implementation measures the list of indicative actions, using

examples of Annex III and indicating more clearly the type of activity envisaged

for each Specific Objective. The Estonian authorities are also invited to clearly

indicate in the programme which planned actions are considered under Annex IV

of the ISF Regulation and may benefit from a higher co-funding rate.

(4) The Commission services invite the Estonian authorities to include under the

relevant Specific objective of the national programme a commitment that would

allow them to use the funds of the national programme to also address any future

recommendations with financial implications, stemming from the Schengen

evaluations in the field of SIS/SIRENE and Police Cooperation with a priority.

(5) Estonia is asked to make a reference in the programme to align the training

portfolio to the outcomes of the EU Strategic Training Needs Assessment 2022-

2025, with special attention to the 8 core capability gaps which should feature in

all training activities dedicated to law enforcement.

(6) Estonian authorities are kindly reminded of Article 13(11) of the ISF Regulation

according to which whenever a Member State decides to implement a project

supported by the ISF, in or in relation to a third country, the Member State must

consult the Commission prior to approval of the project.

Specific Objective 1

Ref. Ares(2022)5172775 - 15/07/2022

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(7) Regarding information exchange, the Commission services welcome the overall

approach of Estonia towards the digitalisation and automation of processes, as

well as the investment in ICT related capabilities. While Estonia is a very active

user of EIS searching function it is advisable to continue with its roll-out to more

competent authorities. It is also recommended to increase Estonian’s

contributions of data entry. Implementation of an automated data loader could

support this endeavour.

(8) The importance of SIENA Confidential will be significantly increasing with the

activities in the context of EU Interoperability, PRUM II and ECRIS as there will

be follow up and exchange of classified data. Estonian authorities are invited to

consider implementation of SIENA Confidential in order to be able to exchange

higher classified information. In light of the priority for EU cooperation of this

tool, we recommend to include it as an action under the indicative list of actions.

(9) The standalone development and maintenance of the national ECRIS-TCN itself

is not within the remit of the ISF. However to ensure a high level of security of

the Union, the interoperability components of ECRIS TCN and the adaptions

required to establish interoperability with law enforcement IT systems may be

financed from the ISF. Also interoperability of the information systems in the

field of Justice is outside the scope of ISF. We invite you to consider clarification

of the programme in this regard.

(10) Reducing of manual input and improving quality on crosschecking of SIRENE

forms with national databases is mentioned as one of the highest priority for this

period. However, it is not further reflected under SO1. Could you please clarify

the source of financing and add it, if relevant, as an action under the indicative list

of actions under SO1.

(11) The link to international databases and information exchange with international

organisations and third countries is mentioned only minimally. The programme

could benefit from developing the international dimension.

Specific Objective 2

(12) The Estonian authorities derogate from the minimum of 10% funding for Specific

Objective 2. Taking into consideration the insecurity linked to the crisis situation

with Ukraine, Estonia is invited to revise the budgetary allocation and use the

minimum allocation under this objective to support the cross-border operational

cooperation with other Member States.

(13) Furthermore, the Commission services would like to emphasise that specially

earmarked funds of the Commission supporting the objectives of SO2 are not

aimed to replace the ISF basic allocation. Estonia is encouraged to include under

SO2 relevant EMPACT activities. The fight against trafficking in human beings

(THB) is one of the priorities in Estonia. The possible participation of Estonia in

the EMPACT Operational Action Plan on THB could be considered.

Indicators

(14) In line with the note HOME-Funds/2022/15 for each specific objective and all the

indicators introduced in table 2 (Result indicators) all baseline values should be

set at 0, and the reference year should be indicated as 2021. The Estonian

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authorities are also asked to ensure coherence between actions planned, values of

output and result indicators and budget allocated.

Section 4 – Enabling conditions Reference: Article 22(3)(i) CPR

(15) The Commission services have analysed the Estonian assessment of fulfilment of

the horizontal enabling condition on Effective monitoring mechanisms of the

public procurement market and consider it as fulfilled.

(16) Regarding the horizontal enabling condition (HEC) 3 on the “Effective

application and implementation of the EU Charter of Fundamental Rights” (‘the

Charter’) and HEC 4 on the “Implementation and application of the United

Nations Convention on the rights of persons with disabilities (UNCRPD)”, these

were first assessed within the framework of the informal submission of the

Estonian Programme for Cohesion Policy Funds 2021-2027. The observations

were sent to Estonian authorities on 28 February 2022 (Ares(2022)1477322).

Further information and description of these horizontal enabling conditions have

been subsequently provided to the Commission services, including together with

the formal submission of the multi-fund programme (2021EE16FFPR001) on 16

June 2022. The Estonian authorities are invited to address the Commission

observations provided in February and consider all subsequent Commission’s

comments and analysis in order to align the text of the horizontal enabling

conditions between different programmes and ensure consistency, and include

additional information which was provided with the multi-fund programme

(“long version” of enabling conditions), as additional material to ISF programme

as well. In this context, Estonia is invited to address in particular the following

elements.

With respect to the assessment for the HEC 3 on the Charter:

(17) On criterion 1, the Estonian authorities are invited to specify the arrangements in

place in all phases of the programming and implementation to effectively ensure

compliance with the Charter. In particular, the Estonian authorities should clearly

indicate the role and tasks of all authorities and bodies involved in effectively

ensuring the compliance of the programmes with the Charter (who is involved

and when).

(18) Furthermore, the Estonian authorities are invited to set out which bodies or

persons will provide assistance and expertise on fundamental rights matters and,

where relevant, will have the ability to contribute to effectively ensure

compliance with the Charter. The Commission services welcome that the

Ministry of the Interior will provide trainings on fundamental rights but invites

the Estonian authorities to provide concrete information on the trainings.

(19) On criterion 2, the Estonian authorities are invited to provide more detailed

information about the reporting arrangements to the monitoring committee, such

as the frequency and content (scope, remedial actions) of reporting on complaints

and cases of non-compliance. In particular, they are invited to clearly differentiate

between the reporting arrangements for cases of non-compliance of operations

supported by the Funds with the Charter and complaints, as well as to provide

concrete information in this regard. As it stands currently, the self-assessment

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explicitly refers only to the reporting arrangements as regards complaints and

does not cover these as regards cases of non-compliance.

(20) The Commission services welcome the inclusion in the monitoring committee of

the Chancellor of Justice, the Gender Equality and Equal Treatment

Commissioner and the Estonian Chamber of Disability, as well as the Estonian

Human Rights Centre. However, as regards these bodies, and in particular of the

Chancellor of Justice and the Gender Equality and Equal Treatment

Commissioner, their concrete means of action, beyond issuing reports, in terms of

their ability to effectively ensure compliance with the Charter, should be clarified

in relation to the implementation of the programmes.

With respect to the assessment for the HEC 4 on the UN CRPD:

(21) On criterion 2 of the HEC 4 on the UN CRPD, the Commission services welcome

the role of the Equality Competence Centre, as an advisory and training unit, in

providing advice and monitoring compliance with the requirements in the

measures-based legislation for managing and implementing bodies on

accessibility and equal opportunities aspects. However, the Estonian authorities

are invited to provide more concrete information on the measures to ensure that

accessibility policies, legislation and standards are duly taken into account in the

design and implementation of programmes. This includes information on the role

and tasks of different authorities and bodies (MA-s, intermediate bodies etc.) in

ensuring that the accessibility policy, legislation and standards are properly

reflected in the preparation and implementation of the programmes and how the

compliance with the UN CRPD, anti-discrimination law on the grounds of

disability and accessibility will be checked at all stages of programming.

(22) On criterion 3, the Estonian authorities are invited to provide more detailed

information about the reporting arrangements to the monitoring committee, such

as the frequency and content (scope, remedial actions) of reporting on complaints

and cases of non-compliance as well as to clarify whether the arrangements will

cover both complaints and cases of non-compliance.

(23) The respective Managing Authority should be encouraged to continue the

collaboration with the MA of the Cohesion Policy Funds for 2021-2027 in order

to ensure coherence.

HE Mr Aivo Orav

Ambassador

Permanent Representation of Estonia to the European Union

Rue Guimard 11/13, 1040, Bruxelles/Brussel Belgium

[email protected] Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR MIGRATION AND HOME AFFAIRS

The Director-General

Brussels HOME.E.3/LS

Subject: Commission Observations on ISF Estonia programme 2021-2027

CCI: 2021EE65ISPR001

Your Excellency,

A complete1 version of the ISF Estonia programme was formally submitted via SFC2021

on 2 May 2022. In accordance with Article 23(1) and (2) Common Provisions

Regulation2, the Commission has assessed the programme and made some observations.

These observations are set out in the annex.

We would like to ask your authorities to consider these observations and revise the

programme accordingly, as well as to provide additional information wherever requested.

Please bear in mind that, in accordance with Article 3 Common Provisions Regulation,

where a time limit is set for an action by the Commission, that time limit is suspended

from the day following the date on which the Commission sends its observations or a

request for revised documents to the Member State and until the Member State responds

to it.

My services are available to provide any further clarifications you may need and to meet

with your authorities to discuss the observations in further detail, should you deem it

suitable. Please do not hesitate to get in contact with Mr Doede Ackers, Head of Unit

HOME.E3 North, West and Central Europe (II).

Yours faithfully,

Monique PARIAT

Director-General

1 In the meaning of Article 3 CPR, first sub-paragraph, i.e. a version for which “all information in

accordance with the requirements laid down in this Regulation or in Fund-specific Regulations have

been submitted by the Member State”. 2 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying

down common provisions on the European Regional Development Fund, the European Social Fund

Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and

Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund,

the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa

Policy.

Ref. Ares(2022)5172775 - 15/07/2022

Enclosures: Commission observations on ISF Estonia programme –

2021EE65ISPR001

c.c.: Mr Tarmo Miilits

Secretary General at Estonian Ministry of the Interior

Pikk 61 15065 Tallinn

[email protected]