Annexes to COM(2021)784 - Automated data exchange for police cooperation (“Prüm II”)

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dossier COM(2021)784 - Automated data exchange for police cooperation (“Prüm II”).
document COM(2021)784 EN
date March 13, 2024
ANNEX 5


to the
COMMISSION DECISION

on the Internal Rules on the implementation of the general budget of the European Union (European Commission section) for the attention of the Commission departments


ANNEX
to the LEGISLATIVE FINANCIAL STATEMENT


ANNEX
to the LEGISLATIVE FINANCIAL STATEMENT


Name of the proposal:

Proposal on automated data exchange for police cooperation (“Prüm II”), amending Regulation (EU) 2018/1726, Regulation (EU) 2019/817 and Regulation (EU) 2019/818, and repealing Council Decisions 2008/615/JHA and 2008/616/JHA


1. NUMBER and COST of HUMAN RESOURCES CONSIDERED NECESSARY

2. COST of OTHER ADMINISTRATIVE EXPENDITURE

3. TOTAL ADMINISTRATIVE COSTS

4. METHODS of CALCULATION USED for ESTIMATING COSTS

4.1.Human resources

4.2.Other administrative expenditure


This annex must accompany the legislative financial statement when the inter-services consultation is launched.

The data tables are used as a source for the tables contained in the legislative financial statement. They are strictly for internal use within the Commission.


(1) Cost of human resources considered necessary

The proposal/initiative does not require the use of human resources

X◻    The proposal/initiative requires the use of human resources, as explained below:

EUR million (to three decimal places)

HEADING 7

of the multiannual financial framework
2024202520262027TOTAL
FTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriations
• Establishment plan posts (officials and temporary staff)
20 01 02 01 - Headquarters and Representation officesAD50.608 5 0.684 40.608 4 0.608 42.508
AST
20 01 02 03 - Union DelegationsAD
AST
• External staff 59
20 02 01 and 20 02 02 – External personnel – Headquarters and Representation officesAC
END
INT
20 02 03 – External personnel - Union DelegationsAC
AL
END
INT
JPD
Other HR related budget lines (specify)
Subtotal HR – HEADING 750.6085 0.68440.608 4 0.608 42.508 

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.


The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

(2) Cost of other administrative expenditure

The proposal/initiative does not require the use of administrative appropriations

☑ The proposal/initiative requires the use of administrative appropriations, as explained below:


EUR million (to three decimal places)

HEADING 7

of the multiannual financial framework
2024202520262027Total
At headquarters or within EU territory:
20 02 06 01 - Mission and representation expenses0.0350.0350.0350.035 0.140
20 02 06 02 - Conference and meeting costs 0.125 0.125 0.125 0.1250.500
20 02 06 03 – Committees (Prüm II Committee) 60 0.0650.065 0.026 0.0260.182
20 02 06 04 Studies and consultations
20 04 – IT expenditure (corporate) 61  
Other budget lines non-HR related (specify where necessary)
In Union delegations
20 02 07 01 - Missions, conferences and representation expenses
20 02 07 02 - Further training of staff
20 03 05 – Infrastructure and logistics
Other budget lines non-HR related (specify where necessary)
Subtotal Other - HEADING 7

of the multiannual financial framework
0.225 0.2250.1860.186 0.822


EUR million (to three decimal places)

Outside HEADING 7 

of the multiannual financial framework
2024202520262027Total
Expenditure on technical and administrative assistance (not including external staff) from operational appropriations (former 'BA' lines):
- at Headquarters
- in Union delegations
Other management expenditure for research
Policy IT expenditure on operational programmes 62  
Corporate IT expenditure on operational programmes 63
Other budget lines non-HR related (specify where necessary)
Sub-total Other – Outside HEADING 7

of the multiannual financial framework
Total Other admin expenditure (all MFF Headings)0.225 0.2250.1860.186 0.822


(3) Total administrative costs (all Headings MFF)


EUR million (to three decimal places)

Summary2024202520262027Total
Heading 7 - Human Resources 0.608 0.6840.608  0.6082.508
Heading 7 – Other administrative expenditure0.225 0.2250.1860.186 0.822
Sub-total Heading 7
Outside Heading 7 – Human Resources
Outside Heading 7 – Other administrative expenditure
Sub-total Other Headings
TOTAL

HEADING 7 and Outside HEADING 7
0.8330.8330.7940.7943.330


The administrative appropriations required will be met by the appropriations which are already assigned to management of the action and/or which have been redeployed, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of existing budgetary constraints.


4. Methods of calculation used to estimate costs

4.1. Human resources


This part sets out the method of calculation used to estimate the human resources considered necessary (workload assumptions, including specific jobs (Sysper 2 work profiles), staff categories and the corresponding average costs)

HEADING 7 of the multiannual financial framework
NB: The average costs for each category of staff at Headquarters are available on BudgWeb:

https://myintracomm.ec.europa.eu/budgweb/EN/pre/legalbasis/Pages/pre-040-020_preparation.aspx
 Officials and temporary staff:

In line with Circular note of DG BUDGET to RUF/2020/23 of 30/11/2020 (see annexe 1, Ares(2020)7207955 of 30/11/2020), 1AD represents a cost of 152 000 EUR per annum. Half of the corresponding annual appropriation is calculated for the year during which staff is recruited and phased out.

The human resources required will be partially (3 FTE) met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints. The DG will also require additional staff (2 FTE).

Description of tasks to be carried out:

Five officials for the follow-up. The staff deal with taking up the Commission's duties in the delivery of the programme: checking compliance with legal proposal, addressing compliance issues, preparing reports to European Parliament and Council, assessing Member State progress, keeping secondary legislation up-to-date including any development concerning the standards. As the programme is an additional activity compared with existing workloads, additional staff are required (2 FTE). One of the staff increase is limited in terms of duration and covers only the development period, the second one represents the absortion of the tasks of the Council Secretariat, as the Council Decisions are transformed into a Regulation, the Commission must take over the Council Secretariat tasks its workload is 1 FTE.

• External staff


Outside HEADING 7 of the multiannual financial framework
• Only posts financed from the research budget 

• External staff



4.2.Other administrative expenditure


Give details of the method of calculation used for each budget line

and in particular the underlying assumptions (e.g. number of meetings per year, average costs, etc.)

HEADING 7 of the multiannual financial framework

It is estimated that an average of 35 missions will take place per year, including missions for the statutory meetings (Advisory Group, Working Groups of both eu-LISA and Europol and meetings related to EPRIS and Eucaris), to attend Prüm related meetings and conferences. The unit cost per mission is calculated based on 1 official travelling for an average of 2 days for each mission and is set at EUR 500 per mission per day.


The unit costs per expert meeting/conference is set at EUR 25 000 for 50 participants. It is estimated that 5 meetings will be organised per year.


The unit costs per Committee is set at EUR 13 000 for 26 participants, assuming the reimbursement of 1 participant per MS for a one-day mission to attend the Committee. It is estimated that 10 meetings will be organised per year during 2024 and 2025 (5 in physical format and 5 in videoconference format) and 4 meetings will be organised per year as of 2026 (2 in physical format and 2 in videoconference format).


Outside HEADING 7 of the multiannual financial framework


(1) See the 2020 EU Security Union Strategy - COM(2020) 605 final (24.7.2020).
(2) EU Serious and Organised Crime threat assessment 2021
(3) EU Strategy to tackle Organised Crime 2021-2025, COM(2021) 170 final (14.4.2021).
(4) Such as the way certain categories of data are exchanged, the channel used for these exchanges, the time limits applicable, etc. 
(5) [Reference].
(6) Communication on a Strategy towards a fully functioning and resilient Schengen area, COM(2021) 277 final (2.6.2021).
(7) Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA. The Council Decisions are based on the 2005 Prüm Convention.
(8) Council Conclusions on the implementation of the "PRÜM DECISIONS" ten years after their adoption (document 11227/18), https://data.consilium.europa.eu/doc/document/ST-11227-2018-INIT/en/pdf .
(9) Point (a) of Article 87(2) TFEU.
(10) Communication from the Commission to the European Parliament and the Council on a Strategy towards a fully functioning and resilient Schengen area, COM(2021)277 final (2.6.2021).
(11) The SIS assists competent authorities in the EU to preserve internal security in the absence of internal border checks and the VIS allows Schengen States to exchange visa data. The Eurodac system establishes an EU asylum fingerprint database enabling Member States to compare the fingerprints of asylum applicants in order to see whether they have previously applied for asylum or entered the EU irregularly via another Member State.
(12) The EES and ETIAS will strengthen security checks on visa-free travellers by enabling advance irregular migration and security vetting. The ECRIS-TCN system will address the identified gap in the exchange of information between Member States on convicted non-EU nationals.
(13) Regulation (EU) 2019/817 and Regulation (EU) 2019/818.
(14) For instance, the Mobile Competence Team (MCT) project (2011–2014) was initiated by Germany and funded by the Commission’s Prevention of and Fight against Crime programme (ISEC). The MCT aimed at providing expert knowledge and support to EU Member States which were not yet operational for DNA and fingerprint data exchange.
(15) Through a project led by Finland, Member States analysed the national procedures applied following a hit. The outcome of this project recommended a series of good and non-mandatory practices to streamline the post-hit information exchange throughout the EU (see document 14310/2/16 REV2, not public). Moreover, Europol supported in 2012-2013 the development of standardized forms to be used for the follow-up information exchange, independently from the communication channel used (see document 9383/13 for more information). It is, however, not known to what extent National Contact Points use these forms.
(16) COM(2012) 732 final.
(17) Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA.
(18) Annex 4 to the accompanying Staff Working Document [Prüm impact assessment reference].
(19) Such as the Europol Information system (EIS), Interpol’s information systems and the Schengen Information System (SIS).
(20) Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA; Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816.
(21) Contained in Council Decision 2008/616/JHA.
(22) The Commission launched infringement proceedings against five Member States in 2016. As of October 2021, two of these infringement cases are still open.
(23) Council Working Party on Information Exchange and Data Protection (DAPIX), and as from 1 January 2020, Working Party on Justice and Home Affairs Information Exchange (IXIM).
(24) The inception impact assessment and contributions are available here .
(25) European Court of Human Rights, Osman v United Kingdom, No. 87/1997/871/1083, 28 October 1998, para. 116.
(26) Court of Justice of the EU, judgment of 9.11.2010, Joined Cases C-92/09 and C-93/09 Volker und Markus Schecke and Eifert [2010] ECR I-0000.
(27) Following the Commission’s findings in its Communication of 24 June 2020 on the way forward on aligning the former third pillar acquis with data protection rules (COM(2020) 262 final).
(28) OJ C , , p. .
(29) OJ C , , p. .
(30) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
(31) Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).
(32) Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).
(33) Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).
(34) Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27).
(35) Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, p. 85).
(36) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(37) Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).
(38) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(39) [OJ C …].
(40) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
(41) Directive (EU) …/… of the European Parliament and of the Council… (OJ..).
(42) OJ L 56, 4.3.1968, p. 1.
(43) As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
(44) Council Decisions 2008/615/JHA and 2008/616/JHA
(45) Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx .
(46) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
(47) EFTA: European Free Trade Association.
(48) Candidate countries and, where applicable, potential candidates from the Western Balkans.
(49) Due to their specific operational nature, it is not possible to identify precise unit costs per output, nor exact expected volume of outputs, notably as some outputs are related to law enforcement activities reactive to unpredictable criminal activities.
(50) Due to their specific operational nature, it is not possible to identify precise unit costs per output, nor exact expected volume of outputs, notably as some outputs are related to law enforcement activities reactive to unpredictable criminal activities.
(51) Includes hardware, software, network provisions, security.
(52) Includes professional services, design & testing costs.
(53) Staff levels indicated in Draft Budget 2021, calculated on the basis of the average staff unit costs to be used for LFS A half of the corresponding annual appropriation is calculated for the year during which staff is recruited.
(54) AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT = agency staff; JPD = Junior Professionals in Delegations.
(55) Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
(56) Mainly for the Structural Funds, the European Agricultural Fund for Rural Development (EAFRD) and the European Fisheries Fund (EFF).
(57) See Articles 11 and 17 of Council Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014-2020.
(58) As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for collection costs.
(59) AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT= agency staff; JPD= Junior Professionals in Delegations.
(60) Prüm II Committee, aprox 10 meetings per year in 2024 and 2025 and 4 meetings per year after with only half being accounted for in the costs (the other half being in videoconference format).
(61) The opinion of DG DIGIT – IT Investments Team is required (see the Guidelines on Financing of IT, C(2020)6126 final of 10.9.2020, page 7).
(62) The opinion of DG DIGIT – IT Investments Team is required (see the Guidelines on Financing of IT, C(2020)6126 final of 10.9.2020, page 7).
(63) This item includes local administrative systems and contributions to the co-financing of corporate IT systems (see the Guidelines on Financing of IT, C(2020)6126 final of 10.9.2020).