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 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’)
(2007/155/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
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,
Whereas:
(1) 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 of certain Member States for the purposes of concluding contracts relating to the installation and the functioning of the communication infrastructure for the Schengen environment (‘SISNET’) and to manage such contracts, pending the migration to a communication infrastructure at the charge of the European Community.
(2) The financial obligations arising under those contracts are borne by a specific budget (hereinafter ‘the SISNET budget’) financing the communication infrastructure referred to in those Council Decisions.
(3) 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’).
(4) From that date, those Member States should participate in the budget.
(5) 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,
Decision 2000/265/EC (3) is hereby amended as follows:
1. Article 1 shall be replaced by the following:
2. Article 25(1) shall be replaced by the following:
3. A new sentence shall be added to Article 26:
4. A new paragraph shall be added to Article 28:
5. Article 29 shall be amended as follows:
(a) paragraphs 2 and 3 shall be replaced by the following:
(b) paragraph 5 shall be replaced by the following:
6. The fifth subparagraph of Article 37 shall be replaced by the following:
7. Article 39(a) shall be replaced by the following:
‘(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:
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 State to the total VAT resources of the European 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 reimbursement.’
This Decision shall take effect from the date of its adoption.
This Decision shall be published in the Official Journal of the European Union.