1999/322/EC: Council Decision of 3 May 1999 authorising the Secretary-General of the Council of the European Union in the context of the integration of the Schengen acquis into the framework of the European Union to act as representative of certain Member States for the purposes of concluding contracts relating to the installation and functioning of the Help Desk Server of the Management Unit and of the Sirene Network Phase II and to manage such contracts
Date: 1999-05-03
Institutions: Council of the European Union
Subjects: Council of the European Union, Schengen Agreement, Secretary General of an Institution, contractual liability, power of implementation, transmission network

13. 5. 1999

EN

Official Journal of the European Communities

L 123/49

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 3 May 1999

authorising the Secretary-General of the Council of the European Union in the
context of the integration of the Schengen acquis into the framework of the
European Union to act as representative of certain Member States for the
purposes of concluding contracts relating to the installation and functioning of
the ‘Help Desk Server' of the Management Unit and of the Sirene Network Phase
II and to manage such contracts

(1999/322/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Acting on the basis of Article 7 of the Protocol annexed
to the Treaty on European Union and the Treaty estab-
lishing
the
Schengen acquis into the framework of the European
Union,

the European Community,

integrating

(1) Whereas within the framework of cooperation
between the Member States which are signatories to
the 1990 Schengen Convention implementing the
1985 Schengen Agreement and instruments of
accession thereto,
the
Benelux Economic Union has been authorised to
conclude and manage certain contracts on behalf of
such Member States;

the Secretary-General of

(2) Whereas as a result of

the integration of

the
Schengen Secretariat into the General Secretariat of
this task
the Council of
performed hitherto by the Secretary-General of the
Benelux Economic Union within the framework of
the Schengen cooperation should be taken over by
the Secretary-General of the Council;

the European Union,

(3) Whereas the performance of such a task by the
Secretary-General of
the Council on behalf of
certain Member States will constitute a new task,
distinct from the tasks performed by the Secretary-
General pursuant
the
Treaty establishing the European Community and
the Treaty on European Union;

to his obligations under

(4) Whereas it is therefore appropriate to have this new
task assigned to the Secretary-General by way of an
explicit decision of the Council,

HAS DECIDED AS FOLLOWS:

Article 1

authorises

The Council hereby

1.
the Secretary-
General of the Council of the European Union to act as
the representative of the Member States concerned, by
replacing the Secretary-General of the Benelux Economic
Union in the Agreement concluded by the latter on
behalf of these Member States on 23 August 1996 with
France Telecom Network Services Belgium, now Global
One Belgium, on the delivery, installation and manage-
ment of the Sirene Network Phase II and the supply of
services relating to the use thereof.

authorises

The Council hereby

the Secretary-
2.
General of the Council to act as the representative of the
Member States concerned, for the purpose of concluding
an Agreement on behalf of the latter with Digital Equip-
ment SA for the operation and setting-up of a Help Desk
Server on the expiry of the current Agreement concluded
between the Secretary General of the Benelux Economic
Union and Digital Equipment SA on 8 May 1996.

3.
The authorisations under paragraphs 1 and 2 above
shall apply so long as payments under the aforemen-
tioned Agreements are not charged to the general budget
of the European Communities but continue to be charged
to the Member States concerned.

L 123/50

EN

Official Journal of the European Communities

13. 5. 1999

Article 2

The work involved in managing the Agreements referred
to in Article 1 on behalf of the Member States concerned
shall be performed by the General Secretariat of
the
Council as part of its normal administrative tasks.

Article 3

All questions relating to any non-contractual
liability
resulting from the acts or omissions of the General-Secre-
tariat of the Council in the performance of its adminis-
trative tasks pursuant to this Decision shall be governed
by Article 288, second paragraph, of the Treaty estab-
lishing the European Community. Article 235 of that
Treaty shall therefore apply to any disputes relating to
compensation for damage.

Article 4

The Secretary-General of the Council shall open a special
bank account in his name for the purpose of taking up, as
from the date of the entry into force of the Treaty of

Amsterdam, the balance of the budget relating to the
management, up till that date, by the Secretary-General of
the Benelux Economic Union, of contracts with the
companies mentioned in Article 1(1) and (2).

Article 5

This Decision shall take effect on the day of its adoption.

Article 6

This Decision shall be published in the Official Journal
of the European Communities.

Done at Brussels, 3 May 1999.

For the Council

The President

J. FISCHER