Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to first sentence of the second subparagraph of Article 2(1) of 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,

Whereas:

The Deputy Secretary-General of the Council was authorised by Decision 1999/870/EC^f1 and Decision 2007/149/EC^f2 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 its migration to a communication infrastructure under the responsibility of the European Union.

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.

The Sisnet budget is governed by a specific Financial Regulation established by Council Decision 2000/265/EC^f3, hereinafter referred to as the ‘Sisnet Financial Regulation’, which provides for different procedures from those of the Financial Regulation applicable to the general budget of the European Communities, as set out in Council Regulation (EC, Euratom) No 1605/2002^f4.

It is appropriate, by analogy, to bring the Sisnet Financial Regulation into line with the Community Financial Regulation, whilst simplifying the internal procedures within the Council Secretariat, in particular by abolishing the role of the financial controller and where appropriate replacing his functions by those of the internal auditor established by Article 85 of Regulation (EC, Euratom) No 1605/2002.

Current procedures should also be made smoother and more appropriate to actual practice, for instance by adapting deadlines in respect of calls for funds and payments, and updating some provisions in the current procedural or legislative frameworks.

The Sisnet Financial Regulation was amended by Council Decision 2007/155/EC^f5 and Council Decision 2008/319/EC in order to allow Switzerland to participate in the Sisnet budget. Switzerland should also be allowed to participate in possible future activities of the Advisory Committee.

The proposed amendments have no financial impact on the Member States’ contributions to the Sisnet budget,

HAS DECIDED AS FOLLOWS: