2007/149/EC: Council Decision of 5 March 2007 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 and managing contracts relating to the provision of services concerning a communication infrastructure for the Schengen environment, pending its migration to a communication infrastructure at the charge of the European Community
Date: 2007-03-05
Institutions: Council of the European Union
Subjects: Council of the European Union, Schengen Agreement, Secretary General of an Institution, communications systems, contract, invitation to tender, power of implementation

6.3.2007

EN

Official Journal of the European Union

L 66/19

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 5 March 2007

authorising the Deputy Secretary-General of
the European Union to act as
representative of certain Member States for the purpose of concluding and managing contracts
relating to the provision of services concerning a communication infrastructure for the Schengen
environment, pending its migration to a communication infrastructure at the charge of the
European Community

the Council of

(2007/149/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Protocol integrating the Schengen acquis
into the framework of the European Union, annexed to the
Treaty on European Union and the Treaty establishing the
European Community, in particular its Article 7,

Whereas:

(1)

(2)

The Council authorised the Deputy Secretary-General of
the Council by Decision 1999/870/EC (1) to conclude
and manage on behalf of certain Member States the
contract relating to the installation and the functioning
of the communication infrastructure for the Schengen
environment, the ‘Sisnet’.

The contract for the Sisnet concluded on the basis of that
authorisation will
on 13
November 2008 and cannot be renewed or extended
through direct negotiation with the current contractor.

automatically

terminate

(1) OJ L 337, 30.12.1999, p. 41.

(4)

(5)

(6)

The Member States concerned have expressed the need to
have the current contract for the Sisnet followed up by a
new contract, and 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 a new
contract for the Sisnet.

constitutes

The performance of such a task by the Deputy Secretary-
General of
the Council on behalf of certain Member
tasks
States
performed by the Deputy Secretary-General pursuant to
his obligations under
the
European Community and the Treaty on European
Union.

task distinct

the Treaty

establishing

from the

a

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

Such tendering procedure entails some risks that are
outside of the control of the Council and the Member
States, the Council of 15 February 2007 also asks the
Commission to make proposals as soon as possible to
provide for the possibility of migrating the SIS, Sirene
and Vision onto the s-TESTA network by 13 November
2008, under its responsibility,

L 66/20

EN

Official Journal of the European Union

6.3.2007

HAS DECIDED AS FOLLOWS:

Article 4

Article 1

The Council hereby authorises the Deputy Secretary-General of
the Council to act as the representative of the Member States
the Czech Republic, Denmark,
concerned (Austria, Belgium,
Estonia, Finland, France, Germany, Greece, Hungary,
Ireland,
the Netherlands,
Italy, Latvia, Lithuania, Luxembourg, Malta,
Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United
Kingdom), with respect to:

(a)

for tenders for the provision of
the execution of a call
services concerning a communication infrastructure for the
Schengen environment, pending its migration to a commu-
nication infrastructure at
the European
Community;

the charge of

(b) the conclusion and management of the contracts for the

provision of such services.

Article 2

tenders and
The work involved in preparing the call
managing the subsequent contracts 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.

for

1.
The special bank account in the name of the Secretary-
General of the Council, opened for the purpose of managing the
contracts as referred to in Decision 1999/870/EC, shall be used
relating to the conclusion and
in respect of
management of the contracts mentioned in Article 1.

the budget

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 tasks pursuant to this Decision.

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 Union.

Article 3

Done at Brussels, 5 March 2007.

in the performance of

All questions relating to any non-contractual liability resulting
from the acts or omissions of the General Secretariat of the
Council
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.

administrative

its

For the Council
The President

F.-W. STEINMEIER