2007/155/EC: Council Decision of 5 March 2007 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 or the Schengen environment ( SISNET )
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, financial management, financial regulation, implementation of the budget, invitation to tender

8.3.2007

EN

Official Journal of the European Union

L 68/5

COUNCIL DECISION

of 5 March 2007

amending Decision 2000/265/EC on the establishment of a financial regulation governing the
the Council, of
budgetary aspects of
contracts concluded in his name, on behalf of certain Member States, relating to the installation
and the functioning of the communication infrastructure or the Schengen environment (‘SISNET’)

the management by the Deputy Secretary-General of

(2007/155/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Protocol integrating the Schengen acquis
into the framework of the European Union, annexed to the
Treaty on European Union and to the Treaty establishing the
European Community, and in particular first sentence of the
second subparagraph of Article 2(1) thereof,

Article 1

Decision 2000/265/EC (3) is hereby amended as follows:

1. Article 1 shall be replaced by the following:

Whereas:

‘Article 1

(1)

(2)

(3)

(4)

(5)

of

The Deputy Secretary-General of
the Council was
authorised by Decision 1999/870/EC (1) and Decision
2007/149/EC (2) to act, in the context of the integration
of the Schengen acquis within the European Union, as
representative
the
certain Member
purposes of concluding contracts relating to the instal-
lation and the functioning of the communication infra-
structure for the Schengen environment (‘SISNET’) and to
manage such contracts, pending the migration to a
communication infrastructure at
the
European Community.

charge of

States

the

for

The financial obligations arising under those contracts
are borne by a specific budget (hereinafter ‘the SISNET
budget’)
communication infrastructure
referred to in those Council Decisions.

financing the

The new Member States, within the meaning of the 2003
Act of Accession, with the exception of Cyprus, are to be
integrated into the first generation Schengen Information
System (SIS 1+) on a date to be set by the Council in
accordance with Article 3(2) of
the 2003 Act of
Accession, (hereinafter the ‘SISone4ALL project’).

For

the purposes of

this Financial Regulation,

1.
the
budget is the instrument which sets out forecasts of, and
authorises in advance, for each financial year, the revenue
the obligations arising
and expenditure required to meet
under the contracts referred to in Decision 1999/870/EC
and Decision 2007/149/EC (*).

For

the purposes of

this Financial Regulation,

2.
the
reference to “SISNET” comprises the Communication infra-
structure for the Schengen environment as referred to in
Decision 1999/870/EC and Decision 2007/149/EC.
___________
(*) OJ L 66, 6.3.2007, p. 19.’;

2. Article 25(1) shall be replaced by the following:

‘1.
Budget revenue shall consist of financial contributions
from the following Member States: Austria, Belgium, the
Czech Republic, Denmark,
France,
Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta,
the Netherlands, Poland, Portugal,
Slovakia, Slovenia, Spain, Sweden, United Kingdom, as well
as Norway and Iceland.’;

Finland,

Estonia,

From that date, those Member States should participate
in the budget.

3. A new sentence shall be added to Article 26:

Two Member States, Ireland and the United Kingdom,
which contribute to the SISNET budget, but which are
not connected to the Schengen Information System,
should not contribute to additional costs entailed by
the SISone4ALL project,

‘The additional costs resulting from the extension of the
communication infrastructure
to the Czech Republic,
Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia
and Slovenia shall not be borne by Ireland or the United
Kingdom.’;

(1) OJ L 337, 30.12.1999, p. 41.
(2) OJ L 66, 6.3.2007, p. 19.

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

2003/171/EC (OJ L 69, 13.3.2003, p. 25).

L 68/6

EN

Official Journal of the European Union

8.3.2007

4. A new paragraph shall be added to Article 28:

7. Article 39(a) shall be replaced by the following:

‘3.
By way of derogation from paragraph 1, and without
prejudice to the provisions of Article 49, the Czech Republic,
Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia
and Slovenia shall be required to pay their initial contri-
butions in accordance with a schedule to be determined by
the Member States referred to in Article 25.’;

5. Article 29 shall be amended as follows:

(a) paragraphs 2 and 3 shall be replaced by the following:

‘2.
All such contracts for which the estimated value
equals or exceeds the thresholds set out in Directive
2004/2018/EC of the European Parliament and of the
Council of 31 March 2004 on the coordination of
procedures for the award of public works contracts,
public supply contracts and public service contracts (*)
shall be concluded in accordance with the provisions of
the ‘Directive on public
that Directive (hereinafter
procurement’).

Contracts for which the estimated value of the
3.
contract
in question does not exceed the thresholds
set out in the Directive on public procurement may
be made by private treaty. In such cases, the Member
States referred to in Article 25 shall none the less be
bound, as far as possible and by all appropriate means,
to enable suppliers who are likely to be able to supply
the goods and services in question to compete.

___________
(*) OJ L 134, 30.4.2004, p. 114. Directive as last
amended by Council Directive 2006/97/EC (OJ
L 363, 20.12.2006, p. 107).’;

‘(a) all proposed contracts for supplies or services, including
studies, for which the estimated value equals or exceeds
the thresholds in the Directive on public procurement;’

8. Article 43(4) shall be replaced by the following:

‘4.
The provision of such security shall be obligatory
where the value of
the contract concerned equals or
exceeds the thresholds set out in the Directive on public
procurement.’;

9. Article 49(c) shall be replaced by the following:

‘(c) adjustment of the contributions of the States referred to
in Article 25 in order to establish the proportion of
earlier SISNET installation costs to be borne by the
other State. This percentage shall be calculated on the
basis of the ratio of the VAT resources paid by the other
the European
State to the total VAT resources of
Communities for the earlier financial years in which
the necessary SISNET installation costs have been
incurred. If no data on VAT resources is available, the
adjustment of contributions shall be calculated on the
basis of the share of each Member State concerned in
the total GDP of all the Member States referred to in
Article 25. The percentage contribution shall be the
subject of a ‘credit note’ to the States referred to in
Article 25 for an amount pro rata to their share as
calculated in accordance with Article 26. The other
States may choose to allocate the amount concerned
towards their share of the budget or request reimbur-
sement.’

(b) paragraph 5 shall be replaced by the following:

Article 2

‘5.
The tendering procedures and selection and award
criteria shall be determined and governed by the
provisions of the Directive on public procurement, as
supplemented by the provisions of this Financial Regu-
lation.’;

This Decision shall take effect from the date of its adoption.

Article 3

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

6. The fifth subparagraph of Article 37 shall be replaced by the

following:

to adopt

‘The Advisory Committee shall endeavour
its
opinions by consensus. If such consensus is not possible,
its opinions by a
the Advisory Committee shall adopt
its representatives. A quorum of 19
simple majority of
shall be required for the proceedings to be valid.
In the
event of a tied vote, the Chairman shall have the casting
vote.’;

Done at Brussels, 5 March 2007.

For the Council
The President

F.-W. STEINMEIER