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Council Decision of 27 March 2000 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’ (2000/265/EC)

Council Decision of 27 March 2000 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’ (2000/265/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

  1. The Deputy Secretary-General of the Council was authorised by Decision 1999/870/EC(1) 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 (hereinafter ‘Sisnet’) and to manage such contracts.

  2. The financial obligations arising under those contracts are not borne by the general budget of the European Union; therefore, the provisions of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities(2) do not apply.

  3. It is therefore necessary to establish specific rules to define the detailed procedures for establishing and implementing the budget required to meet any expenses incurred in the course of concluding the contracts, the obligations arising under those contracts once concluded, for recovering the contributions to be paid by the States concerned and for the presentation and auditing of the accounts.

  4. It is also necessary to set out the rules applicable to the conclusion of these contracts.

  5. This Decision is a development of the Schengen acquis within the meaning of the Schengen Protocol,

HAS DECIDED AS FOLLOWS:

CHAPTER I General principles

Article 1

1.

For the purposes of this Financial Regulation, the budget is the instrument which sets out forecasts of, and authorises in advance, for each financial year, the revenue and expenditure required to meet the obligations arising under the contracts referred to in Decision 1999/870/EC and Decision 2007/149/EC(3).

2.

For the purposes of this Financial Regulation, the reference to ‘SISNET’ comprises the Communication infrastructure for the Schengen environment as referred to in Decision 1999/870/EC and Decision 2007/149/EC.

Article 2

This Financial Regulation lays down detailed rules for the conclusion of contracts relating to Sisnet and for the establishment and implementation of the budget required in relation to such contracts.

Article 3

1.

The budget shall be subdivided into titles covering the budget relating to the preparatory steps leading to the conclusion of the contracts in question, including any costs incurred during the preparation of the call for tenders in respect of Sisnet, the installation budget and the operating budget for the Sisnet. If necessary, each title shall be subdivided into chapters and articles.

2.

Appropriations opened under each title may not be assigned to other expenditure titles.

Article 4

Article 5

Article 6

Article 7

CHAPTER II Establishment of the budget

Article 8

Article 9

Article 10

Article 11

CHAPTER III Implementation of the budget and accountancy

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

CHAPTER IV States' contributions

Article 25

Article 26

Article 27

Article 28

CHAPTER V Conclusion of contracts

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

CHAPTER VI Presenting and auditing the accounts

Article 46

Article 47

Article 48

CHAPTER VII Final provisions

Article 49

Article 50

Article 51