2000/664/EC: Council Decision of 23 October 2000 amending Decision 2000/265/EC on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy Secretary-General of the Council of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the communication infrastructure for the Schengen environment, 'SISNET'
Date: 2000-10-23
Institutions: Council of the European Union
Subjects: Schengen Agreement, contract, financial regulation, implementation of the budget, information system, invitation to tender

L 278/24

EN

Official Journal of the European Communities

31.10.2000

COUNCIL DECISION

of 23 October 2000

amending Decision 2000/265/EC on the establishment of a financial regulation governing the
budgetary aspects of the management by the Deputy Secretary-General of the Council of contracts
concluded in his name, on behalf of certain Member States, relating to the installation and the

functioning of the communication infrastructure for the Schengen environment,

‘SISNET’

(2000/664/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the first sentence of the second subparagraph
of Article 2(1) of the Protocol annexed to the Treaty on Euro-
pean Union and to the Treaty establishing the European
Community, integrating the Schengen acquis into the frame-
work of the European Union (hereinafter referred to as ‘the
Schengen Protocol’),

Whereas:

(1)

(2)

(3)

(4)

(5)

Decision 1999/870/EC (1) authorised the Deputy Secre-
tary-General of the Council to act, in the context of the
integration of the Schengen acquis within the European
Union, as representative of certain Member States for the
purposes of concluding contracts relating to the installa-
tion and the functioning of the communication infra-
structure for the Schengen environment,
‘SISNET’, and
to manage such contracts.

The financial obligations arising under those contracts
are not borne by the general budget of the European
Union. Therefore, the provisions of the Financial Regula-
tion of 21 December 1997 applicable to the general
budget of the European Communities (2) do not apply.

Accordingly, a financial regulation was adopted under
Decision 2000/265/EC (3) setting out specific rules to
define the detailed procedures
for establishing and
implementing the budget required to meet any expenses
incurred in the course of concluding the contracts, the
obligations
once
concluded, for recovering the contributions to be paid
by the States concerned and for the presentation and
auditing of the accounts.

contracts

arising

under

those

Good accountancy practices require some minor formal
amendments to the said financial regulation.

This Decision is a development of the Schengen acquis
within the meaning of the Schengen Protocol,

Article 1

Council Decision 2000/265/EC is hereby amended as follows:

1. Article 7(1)(b) shall be replaced by the following:

‘(b) appropriations in respect of payments still outstanding
at 31 December by virtue of commitments duly entered
into between 1 January and 15 December shall be
carried over automatically to the next financial year
only.’

2. The first subparagraph of Article 7(2) shall be replaced by

the following:

‘2.
Notwithstanding paragraph 1, the Deputy Secretary-
General of the Council may forward to the Schengen Infor-
mation System Working Group, hereafter referred to as the
“SIS Working Group”, before 31 January, duly substantiated
requests to carry over to the next financial year appropri-
atons not committed at 15 December when the appropria-
tions provided for the headings concerned in the budget for
the following financial year do not cover requirements.’

3. The first sentence of Article 21 shall be replaced by the

following:

‘Payments shall be effected through a bank account specifi-
cally opened for that purpose in the name of the General
Secretariat of the Council.’

Article 2

1.

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

It shall be published in the Official Journal of the European

2.
Communities.

Done at Luxembourg, 23 October 2000.

For the Council

The President

J. GLAVANY

(1) OJ L 337, 30.12.1999, p. 41.
(2) OJ L 356, 31.12.1977, p. 1. Regulation as last amended by Regula-

tion (EC) No 2673/1999 (OJ L 326, 18.12.1999, p. 1).

(3) OJ L 85, 6.4.2000, p. 12.