2003/171/EC: Council Decision of 27 February 2003 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: 2003-02-27
Institutions: Council of the European Union
Subjects: Schengen Agreement, contract, financial regulation, implementation of the budget, information system, invitation to tender

13.3.2003

EN

Official Journal of the European Union

L 69/25

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 27 February 2003

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’

(2003/171/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the first sentence of the second subparagraph
of Article 2(1) of
the Protocol annexed to the Treaty on
European 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)

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
Communities. Therefore, the provisions of the Financial
Regulation of 21 December 1977 applicable to the
general budget of the European Communities (2) do not
apply.

Accordingly, a financial regulation was adopted by Deci-
sion 2000/265/EC (3) setting out specific rules to define
the detailed procedures
for establishing and imple-
menting the budget required to meet any expenses

arising

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

under

those

(4)

Pursuant to the provisions of Regulation (EC, Euratom)
No 1605/2002 — the new Financial Regulation of the
European Communities — certain amendments have
been made to the internal financial control procedures
of the Community institutions, which necessitate a tech-
nical adjustment to the financial regulation contained in
Decision 2000/265/EC.

(5)

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

HAS DECIDED AS FOLLOWS:

Article 1

Article 14 of Decision 2000/265/EC shall be replaced by the
following:

‘Article 14

(1) OJ L 337, 30.12.1999, p. 41.
(2) As recast by Regulation (EC, Euratom) No 1605/2002 (OJ L 248,

16.9.2002, p. 1).

(3) OJ L 85, 6.4.2000, p. 12. Decision as amended by Decision 2000/

664/EC (OJ L 278, 31.10.2000, p. 24).

The task of financial controller shall be carried out by an
official or servant of the General Secretariat of the Council
appointed to that end by decision of the Deputy Secretary-
General, who shall define the terms of this control.’

L 69/26

EN

Official Journal of the European Union

13.3.2003

1.

2.

This Decision shall apply from 1 January 2003.

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

Article 2

Done at Brussels, 27 February 2003.

For the Council

The President

M. CHRISOCHOÏDIS