2008/328/EC: Council Decision of 18 April 2008 amending the Decision of the Executive Committee set up by the 1990 Schengen Convention, amending the Financial Regulation on the costs of installing and operating the technical support function for the Schengen Information System (C.SIS)
Date: 2008-04-18
Institutions: Council of the European Union
Subjects: Schengen Information System, Switzerland, equipment cost, financial regulation, operating cost

25.4.2008

EN

Official Journal of the European Union

L 113/21

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

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 18 April 2008

amending the Decision of the Executive Committee set up by the 1990 Schengen Convention,
amending the Financial Regulation on the costs of installing and operating the technical support
function for the Schengen Information System (C.SIS)

(2008/328/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Article 119 of the Convention implementing
the Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic Union,
the Federal Republic of Germany and the French Republic on
the gradual abolition of checks at their common borders (the
1990 Schengen Convention) (1),

(4)

Whereas:

(1)

(2)

(3)

The provisions of Article 119 of the 1990 Schengen
Convention provide that the costs arising from the instal-
lation and operation of C.SIS,
referred to in the
provisions of Article 92(3), shall be borne jointly by
the Contracting Parties.

The financial obligations arising from the installation and
the C.SIS are regulated by a specific
operation of
Financial Regulation, as modified by the Decision of
the Schengen Executive Committee of 15 December
1997 amending the Financial Regulation on C.SIS (2)
(hereinafter C.SIS Financial Regulation).

The C.SIS Financial Regulation applies
to Denmark,
Finland and Sweden, and to Iceland and Norway by
virtue of Council Decision 2000/777/EC (3), as well as
the
to the Czech Republic,

the Republic of Estonia,

the Republic of Lithuania,
the Republic of Malta,

the
Republic of Latvia,
the
Republic of Hungary,
Republic of Poland, the Republic of Slovenia and the
Slovak Republic
of Council Decision
virtue
2007/471/EC (4).

by

to participate

in accordance with Article 15(1) of

in the
The Swiss Confederation is
related to the
the Schengen acquis
provisions of
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 (5)
(hereinafter the Agreement).

(5)

From that date onwards the Swiss Confederation should
participate in the C.SIS Financial Regulation.

(6)

It is reasonable that the Swiss Confederation contributes
to historical C.SIS costs. However, since the Agreement
was signed on 26 October 2004, it is considered appro-
priate that it should contribute historical costs in relation
to the installation of the C.SIS from 1 January 2005. It is
also considered reasonable that it contribute to operating
costs from 1 January 2008.

(1) OJ L 239, 22.9.2000, p. 19.
(2) OJ L 239, 22.9.2000, p. 444.
(3) OJ L 309, 9.12.2000, p. 24.

(4) OJ L 179, 7.7.2007, p. 46.
(5) OJ L 53, 27.2.2008, p. 52.

L 113/22

EN

Official Journal of the European Union

25.4.2008

(7)

(8)

(9)

As regards Iceland and Norway, this Decision constitutes
a development of provisions of
the Schengen acquis
within the meaning of the Agreement concluded by the
Council of
the European Union and the Republic of
Iceland and the Kingdom of Norway concerning the
latters’ association with the implementation, application
and development of the Schengen acquis (1) which fall
within the area referred to in Article 1, point G, of
certain
Council
arrangements for the application of that Agreement.

1999/437/EC (2)

Decision

on

lishing the European Community, and Article 6(2) of
Council Decision 2002/192/EC of 28 February 2002
concerning Ireland's request to take part in some of the
provisions of the Schengen acquis (8).

(12) As

regards

this Decision
the Republic of Cyprus,
constitutes an act building on the Schengen acquis or
otherwise
of
to
Article 3(2) of the 2003 Act of Accession.

it within the meaning

related

As regards Switzerland, this Decision constitutes a de-
velopment of provisions of the Schengen acquis within
the meaning of the Agreement, which fall within the area
referred to in Article 1, point G, of Decision
1999/437/EC read in conjunction with Article 3 of
Council
and
2008/149/JHA (4).

2008/146/EC (3)

Decisions

the Protocol

As regards Liechtenstein, this Decision constitutes a de-
velopment of provisions of the Schengen acquis within
the meaning of
signed between the
European Union, the European Community, the Swiss
Confederation and the Principality of Liechtenstein on
the accession of the Principality of Liechtenstein to the
Agreement, which fall within the area referred to in
Article 1, point G, of Decision 1999/437/EC read in
conjunction with Article 3 of Council Decisions
2008/261/EC (5) and 2008/262/JHA (6).

(13)

This Decision constitutes
an act building on the
Schengen acquis or otherwise related to it within the
meaning of Article 4(2) of the 2005 Act of Accession,

HAS DECIDED AS FOLLOWS:

Article 1

In Title I, point 3 of
following indent shall be added:

the C.SIS Financial Regulation,

the

‘— in the case of the Swiss Confederation, the contribution
the costs
shall only be calculated on the basis of
incurred for
from
installation of
1 January 2005. The Swiss Confederation shall also
contribute to the operating costs of
the C.SIS from
1 January 2008.’

the C.SIS

the

(10)

The United Kingdom is taking part in this Decision, in
accordance with Article 5 of 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, and
Article 8(2) of Council Decision 2000/365/EC of
29 May 2000 concerning the request of
the United
Kingdom of Great Britain and Northern Ireland to take
part in some of the provisions of the Schengen acquis (7).

(11)

Ireland is taking part in this Decision, in accordance with
Article 5 of the Protocol integrating the Schengen acquis
into the framework of the European Union annexed to
the Treaty on European Union and the Treaty estab-

the European Community, of

(1) OJ L 176, 10.7.1999, p. 36.
(2) OJ L 176, 10.7.1999, p. 31.
(3) Council Decision of 28 January 2008 on the conclusion, on behalf
of
the Agreement between the
European Union, the European Community and the Swiss Confed-
eration on the Swiss Confederation's association with the implemen-
tation, application and development of the Schengen acquis (OJ L 53,
27.2.2008, p. 1).

(4) Council Decision of 28 January 2008 on the conclusion on behalf
of the European Union of 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 (OJ L 53,
27.2.2008, p. 50).

(5) OJ L 83, 26.3.2008. p. 3.
(6) OJ L 83, 26.3.2008. p. 5.
(7) OJ L 131, 1.6.2000, p. 43.

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

Article 2

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

Done at Luxembourg, 18 April 2008.

For the Council
The President

D. MATE

(8) OJ L 64, 7.3.2002, p. 20.