Introductory text

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:

The Deputy Secretary-General of the Council was authorised by Decision 1999/870/EC^f1 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.

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^f2 do not apply.

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.

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

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

HAS DECIDED AS FOLLOWS: