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Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice

Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice

CHAPTER I SUBJECT MATTER

Article 1 Establishment of the Agency

1.

A European agency for the operational management of large-scale IT systems in the area of freedom, security and justice (the Agency) is hereby established.

2.

The Agency shall be responsible for the operational management of the second-generation Schengen Information System (SIS II), the Visa Information System (VIS), Eurodac and the Entry/Exit System established by Regulation (EU) 2017/2226 of the European Parliament and of the Council(1) (EES).

3.

The Agency may also be made responsible for the preparation, development and operational management of large-scale IT systems in the area of freedom, security and justice other than those referred to in paragraph 2, only if so provided by relevant legislative instruments, based on Articles 67 to 89 TFEU, taking into account, where appropriate, the developments in research referred to in Article 8 of this Regulation and the results of pilot schemes referred to in Article 9 of this Regulation.

4.

Operational management shall consist of all the tasks necessary to keep large-scale IT systems functioning in accordance with the specific provisions applicable to each of them, including responsibility for the communication infrastructure used by them. Those large-scale IT systems shall not exchange data or enable sharing of information or knowledge, unless so provided in a specific legal basis.

Article 2 Objectives

Without prejudice to the respective responsibilities of the Commission and of the Member States under the legislative instruments governing large-scale IT systems, the Agency shall ensure:

  1. effective, secure and continuous operation of large-scale IT systems;

  2. the efficient and financially accountable management of large-scale IT systems;

  3. an adequately high quality of service for users of large-scale IT systems;

  4. continuity and uninterrupted service;

  5. a high level of data protection, in accordance with the applicable rules, including specific provisions for each large-scale IT system;

  6. an appropriate level of data and physical security, in accordance with the applicable rules, including specific provisions for each large-scale IT system; and

  7. the use of an adequate project management structure for efficiently developing large-scale IT systems.

CHAPTER II TASKS

Article 3 Tasks relating to SIS II

In relation to SIS II, the Agency shall perform:

  1. the tasks conferred on the Management Authority by Regulation (EC) No 1987/2006 and Decision 2007/533/JHA; and

  2. tasks relating to training on the technical use of SIS II, in particular for SIRENE-staff (SIRENE — Supplementary Information Request at the National Entries) and training of experts on the technical aspects of SIS II in the framework of Schengen evaluation.

Article 4 Tasks relating to VIS

Article 5 Tasks relating to Eurodac

Article 5a Tasks relating to the EES

Article 5b Tasks relating to ETIAS

Article 6 Tasks relating to the preparation, development and operational management of other large-scale IT systems

Article 7 Tasks relating to the communication infrastructure

Article 8 Monitoring of research

Article 9 Pilot schemes

CHAPTER III STRUCTURE AND ORGANISATION

Article 10 Legal status

Article 11 Structure

Article 12 Functions of the Management Board

Article 13 Composition of the Management Board

Article 14 Chairmanship of the Management Board

Article 15 Meetings of the Management Board

Article 16 Voting

Article 17 Functions and powers of the Executive Director

Article 18 Appointment of the Executive Director

Article 19 Advisory Groups

CHAPTER IV GENERAL PROVISIONS

Article 20 Staff

Article 21 Public interest

Article 22 Headquarters Agreement and Agreements concerning the technical and backup sites

Article 23 Privileges and immunities

Article 24 Liability

Article 25 Linguistic regime

Article 26 Access to documents

Article 27 Information and communication

Article 28 Data protection

Article 29 Security rules on the protection of classified information and non-classified sensitive information

Article 30 Security of the Agency

Article 31 Evaluation

CHAPTER V FINANCIAL PROVISIONS

Article 32 Budget

Article 33 Implementation of the budget

Article 34 Financial rules

Article 35 Combating fraud

CHAPTER VI FINAL PROVISIONS

Article 36 Preparatory actions

Article 37 Participation by countries associated with the implementation, application and development of the Schengen acquis and Eurodac-related measures

Article 38 Entry into force and applicability