2008/319/EC: Council Decision of 14 April 2008 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: 2008-04-14
Institutions: Council of the European Union
Subjects: Schengen Information System, contract, disclosure of information, financial regulation, implementation of the budget, invitation to tender

L 109/30

EN

Official Journal of the European Union

19.4.2008

COUNCIL DECISION

of 14 April 2008

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 for the Schengen environment, ‘Sisnet’

the management by the Deputy Secretary-General of

(2008/319/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 the first sentence of the
second subparagraph of Article 2(1) thereof,

Article 1

Council Decision 2000/265/EC (4)
follows:

is hereby amended as

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

Whereas:

(1)

(2)

(3)

of

the Council was
The Deputy Secretary-General of
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 its 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

to participate

in the
The Swiss Confederation is
the Schengen acquis
provisions of
related to the
Schengen Information System from a date to be set by
the Council
the
Agreement between the European Union, the European
Community and the Swiss Confederation on the Swiss
Confederation’s association with the implementation,
application and development of the Schengen acquis (3).

in accordance with Article 15(1) of

‘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 Iceland, Norway and Switzerland.’;

Finland,

Estonia,

2. Article 26 shall be replaced by the following:

‘Article 26

The states referred to in Article 25 shall supply their
financial contributions to the Deputy Secretary-General.

The scale of contributions to be paid by the Member States
referred to in Article 25, on the one hand, and by Iceland,
Norway and Switzerland, on the other hand,
shall be
calculated annually on the basis of
the share of each
Member State concerned and of Iceland, Norway and Swit-
zerland, in the total gross domestic product (GDP) for the
preceding year of all the States referred to in Article 25. The
scale of contributions by the Member States concerned shall
be calculated annually, taking into account the contributions
of Iceland, Norway and Switzerland, on the basis of the ratio
of the VAT resources paid by each of those Member States
to the total VAT resources of the European Communities, as
established in the last amendment of
the
Union during the preceding financial year.

the budget of

(4)

From that date, the Swiss Confederation should parti-
cipate in the SISNET Budget,

(1) OJ L 337, 30.12.1999, p. 41.
(2) OJ L 66, 6.3.2007, p. 19.
(3) OJ L 53, 27.2.2008, p. 52.

the
The additional costs resulting from the extension of
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.’;

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

2007/155/EC (OJ L 68, 8.3.2007, p. 5).

19.4.2008

EN

Official Journal of the European Union

L 109/31

3. the following paragraph shall be added to Article 28:

By way of derogation from paragraph 1, and without prejudice to Article 49, Switzerland shall be

‘4.
required to pay its initial contribution by 1 July 2008.’.

Article 2

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

It shall be published in the Official Journal of the European Union.

Done at Luxembourg, 14 April 2008.

For the Council
The President

I. JARC