1999/870/EC: Council Decision of 17 December 1999 authorising the Deputy Secretary-General of the Council of the European Union to act as representative of certain Member States for the purpose of concluding contracts relating to the installation and the functioning of the communication infrastructure for the Schengen environment, 'SISNET', and to manage such contracts
Date: 1999-12-17
Institutions: Council of the European Union
Subjects: Council of the European Union, Schengen Agreement, Secretary General of an Institution, communications systems, contract, power of decision

30. 12. 1999

EN

Official Journal of the European Communities

L 337/41

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 17 December 1999

authorising the Deputy Secretary-General of the Council of the European Union to act as repres-
entative of certain Member States for the purpose of concluding contracts relating to the installa-
tion and the functioning of the communication infrastructure for the Schengen environment,
‘SISNET’, and to manage such contracts

(1999/870/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Acting on the basis of Article 7 of the Protocol annxed to the
Treaty on European Union and the Treaty establishing the
European Community, integrating the Schengen acquis into the
framework of the European Union (hereinafter the ‘Schengen
Protocol’),

Whereas:

(1)

(2)

(3)

(4)

(5)

The Secretary-General of the Council has been author-
ised to manage on behalf of
those Member States
concerned the contract relating to the installation and
the functioning of the SIRENE Network Phase II (1);

The Member States concerned have decided not
to
extend the contract for the SIRENE Network Phase II,
which will therefore terminate on 23 August 2001;

A new communication infrastructure for the Schengen
environment, to be called ‘SISNET’ must accordingly be
provided for by 23 August 2001, which will require the
execution of preparatory measures for the conclusion of
the relevant contracts, the conclusion of the contracts
themselves and the management of those contracts;

The Member States concerned have requested the
Deputy Secretary-General of the Council to represent
them with respect to the execution of the necessary
preparatory measures as well as the conclusion and
management of the contracts in question;

The performance of such a task by the Deputy Secretary-
General of the Council on behalf of certain Member
States
tasks
performed by the Deputy Secretary-General pursuant to

task distinct

constitutes

from the

a

(1) Council Decision 1999/322/EC of 3 May 1999, OJ L 123,

13.5.1999, p. 49.

his obligations under the Treaty establishing the Euro-
pean Community and the Treaty on European Union;

(6)

It is therefore appropriate to have this task assigned to
the Deputy Secretary-General by way of an explicit
decison of the Council,

HAS DECIDED AS FOLLOWS:

Article 1

1.
The Council hereby authorises the Deputy Secretary-
General of the Council to act as the representative of the
concerned (Belgium, Denmark, Germany,
member States
Greece, Spain, France,
the Netherlands,
Austria, Portugal, Finland and Sweden), with respect to:

Italy, Luxembourg,

(a) the execution of a call for tenders for the delivery, installa-
tion and management of
the SISNET and any other
preparatory measures which may be necessary in this
regard; and

(b) the conclusion and management of the contracts for the
delivery, installation and management of the SISNET and
the supply of services relating to the use thereof,

2.
The authorisation under paragraph 1 above shall apply so
long as payments under the aforementioned contracts are not
charged to the general budget of the European Union but
continue to be charged to the Member States concerned.

Ireland and/or of

3.
The Deputy Secretary-General shall aslo be authorised to
the United
act as the representative of
Kingdom with respect to the matters set out in paragraph 1
above, pursuant to any future Council decision on the partici-
pation of either of these Member States in some or all of the
provisions of the Schengen acquis,
in accordance with the
provisions of Article 4 of the Schengen Protocol.

L 337/42

EN

Official Journal of the European Communities

30. 12. 1999

Article 2

The work involved in preparing the call
for tenders and
managing the subsequent contracts referred to in Article 1(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 Secretariat of the
Council in the performance of its administrative tasks pursuant
to this Decision shall be governed by Article 288, second
paragraph, of the Treaty establishing the European Community.
Article 235 of that Treaty shall therefore apply to any disputes
relating to compensation for damage.

Article 4

The special bank account in the name of the Secretary-
1.
General of the Council, opened for the purpose of managing
the contracts mentioned in Decision 1999/322/EC, shall be

used in respect of the budget relating to the conclusion and
management of the contracts mentioned in Article 1(1).

2.
The Deputy Secretary-General shall be authorised to use
the bank account referred to in paragraph 1 for the purposes
of carrying out his obligations pursuant to this Decision.

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

Article 5

Article 6

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

Done at Brussels, 17 December 1999.

For the Council

The President

K. HEMILÄ