# Official Journal C 71/23 M

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 71 |
| | |
| English edition | Information and Notices | Volume 4923 March 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 71

English edition

Information and Notices

Volume 4923 March 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 071/1 | Euro exchange rates | 1 |
| 2006/C 071/2 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment (
  1
  ) | 2 |
| 2006/C 071/3 | State Aid (Articles 87 to 89 of the Treaty Establishing the European Union) — Commission Communication to the Member States and other interested parties pursuant to Article 88(2) of the EC Treaty — State aid C 40/2003 (ex N 50/B/2002) — R&D aid for Ibermática (
  1
  ) | 8 |
| 2006/C 071/4 | Amendment of the List of standards and/or specifications for electronic communications networks, services and associated facilities and services (
  1
  ) | 9 |
| 2006/C 071/5 | Prior notification of a concentration (Case COMP/M.4020 — Wingas/ZGHG/JV) — Candidate case for simplified procedure (
  1
  ) | 10 |
| 2006/C 071/6 | Prior notification of a concentration (Case COMP/M.4135 — Lactalis/Galbani) (
  1
  ) | 11 |
| 2006/C 071/7 | Non-opposition to a notified concentration (Case COMP/M.4034 — Telenor/Vodafone Sverige) (
  1
  ) | 12 |
| | EUROPEAN ECONOMIC AREA |
| | EFTA Court |
| 2006/C 071/8 | Actions brought on 21 December 2005 by the EFTA Surveillance Authority against the Principality of Liechtenstein (Joined Cases E-5/05, E-6/05, E-7/05, E-8/05, E-9/05) | 13 |
| | EFTA Surveillance Authority |
| 2006/C 071/9 | Public holidays in 2006: EEA EFTA States and EEA institutions | 15 |

Notice No

Contents

page

I   Information

Commission

2006/C 071/1

Euro exchange rates

1

2006/C 071/2

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment (
  1
  )

1

2

2006/C 071/3

State Aid (Articles 87 to 89 of the Treaty Establishing the European Union) — Commission Communication to the Member States and other interested parties pursuant to Article 88(2) of the EC Treaty — State aid C 40/2003 (ex N 50/B/2002) — R&D aid for Ibermática (
  1
  )

1

8

2006/C 071/4

Amendment of the List of standards and/or specifications for electronic communications networks, services and associated facilities and services (
  1
  )

1

9

2006/C 071/5

Prior notification of a concentration (Case COMP/M.4020 — Wingas/ZGHG/JV) — Candidate case for simplified procedure (
  1
  )

1

10

2006/C 071/6

Prior notification of a concentration (Case COMP/M.4135 — Lactalis/Galbani) (
  1
  )

1

11

2006/C 071/7

Non-opposition to a notified concentration (Case COMP/M.4034 — Telenor/Vodafone Sverige) (
  1
  )

1

12

EUROPEAN ECONOMIC AREA

EFTA Court

2006/C 071/8

Actions brought on 21 December 2005 by the EFTA Surveillance Authority against the Principality of Liechtenstein (Joined Cases E-5/05, E-6/05, E-7/05, E-8/05, E-9/05)

13

EFTA Surveillance Authority

2006/C 071/9

Public holidays in 2006: EEA EFTA States and EEA institutions

15

| | II   Preparatory Acts pursuant to Title VI of the Treaty on European Union |
| --- | --- |
| 2006/C 071/0 | Initiative by the Republic of Austria with a view to the adoption of a Council Act amending Europol's staff regulations | 16 |

II   Preparatory Acts pursuant to Title VI of the Treaty on European Union

2006/C 071/0

Initiative by the Republic of Austria with a view to the adoption of a Council Act amending Europol's staff regulations

16

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

---

I Information

Commission

| 23.3.2006 | EN | Official Journal of the European Union | C 71/1 |
| --- | --- | --- | --- |

23.3.2006

EN

Official Journal of the European Union

C 71/1

---

Euro exchange rates (1)

22 March 2006

(2006/C 71/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2069 |
| JPY | Japanese yen | 141,34 |
| DKK | Danish krone | 7,4617 |
| GBP | Pound sterling | 0,69140 |
| SEK | Swedish krona | 9,3775 |
| CHF | Swiss franc | 1,5736 |
| ISK | Iceland króna | 86,51 |
| NOK | Norwegian krone | 7,9435 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5756 |
| CZK | Czech koruna | 28,670 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 266,00 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6961 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,9133 |
| RON | Romanian leu | 3,5325 |
| SIT | Slovenian tolar | 239,54 |
| SKK | Slovak koruna | 37,660 |
| TRY | Turkish lira | 1,6255 |
| AUD | Australian dollar | 1,6859 |
| CAD | Canadian dollar | 1,4139 |
| HKD | Hong Kong dollar | 9,3656 |
| NZD | New Zealand dollar | 1,9425 |
| SGD | Singapore dollar | 1,9515 |
| KRW | South Korean won | 1 175,04 |
| ZAR | South African rand | 7,6858 |
| CNY | Chinese yuan renminbi | 9,6921 |
| HRK | Croatian kuna | 7,3405 |
| IDR | Indonesian rupiah | 10 969,51 |
| MYR | Malaysian ringgit | 4,455 |
| PHP | Philippine peso | 61,697 |
| RUB | Russian rouble | 33,5270 |
| THB | Thai baht | 47,041 |

Currency

Exchange rate

USD

US dollar

1,2069

JPY

Japanese yen

141,34

DKK

Danish krone

7,4617

GBP

Pound sterling

0,69140

SEK

Swedish krona

9,3775

CHF

Swiss franc

1,5736

ISK

Iceland króna

86,51

NOK

Norwegian krone

7,9435

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5756

CZK

Czech koruna

28,670

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

266,00

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6961

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,9133

RON

Romanian leu

3,5325

SIT

Slovenian tolar

239,54

SKK

Slovak koruna

37,660

TRY

Turkish lira

1,6255

AUD

Australian dollar

1,6859

CAD

Canadian dollar

1,4139

HKD

Hong Kong dollar

9,3656

NZD

New Zealand dollar

1,9425

SGD

Singapore dollar

1,9515

KRW

South Korean won

1 175,04

ZAR

South African rand

7,6858

CNY

Chinese yuan renminbi

9,6921

HRK

Croatian kuna

7,3405

IDR

Indonesian rupiah

10 969,51

MYR

Malaysian ringgit

4,455

PHP

Philippine peso

61,697

RUB

Russian rouble

33,5270

THB

Thai baht

47,041

---

(1)

Source: reference exchange rate published by the ECB.

---

| 23.3.2006 | EN | Official Journal of the European Union | C 71/2 |
| --- | --- | --- | --- |

23.3.2006

EN

Official Journal of the European Union

C 71/2

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment

(2006/C 71/02)

(Text with EEA relevance)

| Aid No | XE 3/04 |
| --- | --- |
| Member State | Spain |
| Region | Cantabria |
| Title of aid scheme | Promoting the formation of agricultural cooperatives in Cantabria |
| Legal basis | Artículo 6o.1.A de la Orden 55/2003, de 11 de diciembre, por la que se regulan y convocan ayudas para el fomento del asociacionismo agrario en Cantabria (BOC del 22 de diciembre) |
| Annual expenditure planned or overall amount of individual aid granted to the company | Annual overall amount | EUR 0, 05 million |
| Loans guaranteed | |
| Maximum aid intensity | In conformity with Article 4(2)-(5) and Articles 5 and 6 of the Regulation | Yes | |
| Date of implementation: | 1.1.2004 |
| Duration of scheme: | 2004-2007 |
| Objective of aid | Art. 4: Creation of employment | Yes |
| Art. 5: Recruitment of disadvantaged and disabled workers | No |
| Art. 6: Employment of disabled workers | No |
| Economic sectors | — | All Community sectors (1) eligible for employment aid |

Aid No

XE 3/04

Member State

Spain

Region

Cantabria

Title of aid scheme

Promoting the formation of agricultural cooperatives in Cantabria

Legal basis

Artículo 6o.1.A de la Orden 55/2003, de 11 de diciembre, por la que se regulan y convocan ayudas para el fomento del asociacionismo agrario en Cantabria (BOC del 22 de diciembre)

Annual expenditure planned or overall amount of individual aid granted to the company

Annual overall amount

EUR 0, 05 million

Loans guaranteed

Maximum aid intensity

In conformity with Article 4(2)-(5) and Articles 5 and 6 of the Regulation

Yes

Date of implementation:

1.1.2004

Duration of scheme:

2004-2007

Objective of aid

Art. 4: Creation of employment

Yes

Art. 5: Recruitment of disadvantaged and disabled workers

No

Art. 6: Employment of disabled workers

No

Economic sectors

—

All Community sectors (1) eligible for employment aid

No

| — | All manufacturing (1) |
| --- | --- |

—

All manufacturing (1)

No

| — | All services (1) |
| --- | --- |

—

All services (1)

No

| — | Other (all agricultural sectors) |
| --- | --- |

—

Other (all agricultural sectors)

Yes

Name and address of the granting authority

Name:

Consejería de Ganadería, Agricultura y Pesca.

Dirección General de Agricultura

Address:

| C/Gutiérrez Solana, s/n. |
| --- |
| E-39011 Santander |

C/Gutiérrez Solana, s/n.

E-39011 Santander

Other information

The other aid governed by the said scheme has been approved by the European Commission under Articles 87 and 88 of the Treaty (aid No N 619/2002)

Aid subject to prior notification to the Commission

The measure excludes awards of aid or requires prior notification to the Commission of awards of aid in conformity with Article 9 of the Regulation.

Yes

| Aid No | XE 19/04 |
| --- | --- |
| Member State | Germany |
| Region | Bavaria |
| Title of aid scheme | Promotion of new jobs by means of recruitment grants:
  promotion by means of recruitment grants of the recruitment and in-house training of under-qualified unemployed people in new jobs subject to obligatory social insurance
  The aid is in line with the single programming document for Objective 2 Bavaria 2000-2006 — priority 2, competitive companies, jobs for the future; measure 4, support for the modernisation, competitiveness and promotion of internally generated potential; individual measure (e), promotion of new jobs by means of recruitment grants to the employer — and with the supplementary programme for Objective 2 Bavaria 2000-2006 (programme adjustment) |
| Legal basis | BayVwVfG
  BayHO (insb. Art. 23 und 44)
  EPPD zu Ziel 2 Bayern 2000-2006 und Programmergänzung zu Ziel 2 (Schwerpunkt 2, Maßnahme 4, Einzelmaßnahme e) |
| Annual expenditure planned | Annual overall amount | EUR 600 000 |
| Loans guaranteed | |
| Maximum aid intensity | In conformity with Articles 4(2)-(5), 5 and 6 of the Regulation | Yes | |
| Date of implementation | From 27 September 2004 |
| Duration of scheme or individual aid award | Until 31 December 2006 |
| Objective of aid | Art. 4: Creation of employment | |
| Art. 5: Recruitment of disadvantaged and disabled workers | Yes |
| Art. 6: Employment of disabled workers | |
| Economic sectors concerned | All Community sectors (2) eligible for employment aid | Yes |
| Name and address of the granting authority | Name:
  Bayerisches Landesamt für Versorgung und Familienförderung |
| Address:





  Hegelstraße 2 |
| D-95447 Bayreuth |

Aid No

XE 19/04

Member State

Germany

Region

Bavaria

Title of aid scheme

Promotion of new jobs by means of recruitment grants:

promotion by means of recruitment grants of the recruitment and in-house training of under-qualified unemployed people in new jobs subject to obligatory social insurance

The aid is in line with the single programming document for Objective 2 Bavaria 2000-2006 — priority 2, competitive companies, jobs for the future; measure 4, support for the modernisation, competitiveness and promotion of internally generated potential; individual measure (e), promotion of new jobs by means of recruitment grants to the employer — and with the supplementary programme for Objective 2 Bavaria 2000-2006 (programme adjustment)

Legal basis

BayVwVfG

BayHO (insb. Art. 23 und 44)

EPPD zu Ziel 2 Bayern 2000-2006 und Programmergänzung zu Ziel 2 (Schwerpunkt 2, Maßnahme 4, Einzelmaßnahme e)

Annual expenditure planned

Annual overall amount

EUR 600 000

Loans guaranteed

Maximum aid intensity

In conformity with Articles 4(2)-(5), 5 and 6 of the Regulation

Yes

Date of implementation

From 27 September 2004

Duration of scheme or individual aid award

Until 31 December 2006

Objective of aid

Art. 4: Creation of employment

Art. 5: Recruitment of disadvantaged and disabled workers

Yes

Art. 6: Employment of disabled workers

Economic sectors concerned

All Community sectors (2) eligible for employment aid

Yes

Name and address of the granting authority

Name:

Bayerisches Landesamt für Versorgung und Familienförderung

Address:

Hegelstraße 2

D-95447 Bayreuth

Other information

The scheme is partially financed with ESF funds.

Aid subject to prior notification to the Commission

In conformity with Article 9 of the Regulation

Yes

| Aid No | XE 7/05 |
| --- | --- |
| Member State | Poland |
| Region | Nuts Level 3 sub-region 1 (3.02.01.06) |
| Title of aid scheme or name of company receiving individual aid | Exemption of companies from property tax within the horizontal aid framework. |
| Legal basis | Uchwała Rady Miasta Jeleniej Góry w sprawie zwolnienia przedsiębiorców z podatku od nieruchomości w ramach pomocy horyzontalnej.
  Art. 7 ust. 1 ustawy z dnia 12 stycznia 1991 r. o podatkach i opłatach lokalnych (jednolity tekst: Dz.U. z 2002 r. nr 9, poz. 84 ze zmianami) |
| Annual expenditure planned or overall amount of individual aid granted to the company | Annual overall amount | EUR 0,20 million |
| Loans guaranteed | |
| Maximum aid intensity | In conformity with Articles 4(2)-(5), 5 and 6 of the Regulation | Yes | |
| Date of implementation | 23.11.2004 |
| Duration of scheme or individual aid award | Until 31.12.2006 |
| Objective of aid | Art. 4: Creation of employment | Yes |
| Art. 5: Recruitment of disadvantaged and disabled workers | |
| Art. 6: Employment of disabled workers | |
| Economic sectors concerned | — | All Community sectors (3) eligible for employment aid |

Aid No

XE 7/05

Member State

Poland

Region

Nuts Level 3 sub-region 1 (3.02.01.06)

Title of aid scheme or name of company receiving individual aid

Exemption of companies from property tax within the horizontal aid framework.

Legal basis

Uchwała Rady Miasta Jeleniej Góry w sprawie zwolnienia przedsiębiorców z podatku od nieruchomości w ramach pomocy horyzontalnej.

Art. 7 ust. 1 ustawy z dnia 12 stycznia 1991 r. o podatkach i opłatach lokalnych (jednolity tekst: Dz.U. z 2002 r. nr 9, poz. 84 ze zmianami)

Annual expenditure planned or overall amount of individual aid granted to the company

Annual overall amount

EUR 0,20 million

Loans guaranteed

Maximum aid intensity

In conformity with Articles 4(2)-(5), 5 and 6 of the Regulation

Yes

Date of implementation

23.11.2004

Duration of scheme or individual aid award

Until 31.12.2006

Objective of aid

Art. 4: Creation of employment

Yes

Art. 5: Recruitment of disadvantaged and disabled workers

Art. 6: Employment of disabled workers

Economic sectors concerned

—

All Community sectors (3) eligible for employment aid

Yes

| — | All manufacturing (3) |
| --- | --- |

—

All manufacturing (3)

Yes

| — | All services (3) |
| --- | --- |

—

All services (3)

Yes

Name and address of the granting authority

Name:

Prezydent Miasta Jeleniej Góry

Address:

| Plac Ratuszowy 58 |
| --- |
| PL-58-500 Jelenia Góra |

Plac Ratuszowy 58

PL-58-500 Jelenia Góra

Other information

If the aid programme is co-financed by Community funds, please insert the following sentence:

The aid programme is not co-financed by Community funds.

Aid subject to prior notification to the Commission

In conformity with Article 9 of the Regulation

Yes

| Aid No | XE 14/05 |
| --- | --- |
| Member State | Spain |
| Region | Extremadura |
| Title of aid scheme or name of company receiving individual aid | Programme for promoting employment-generating activity: Emerging social economy |
| Legal basis | Capítulo V del Decreto 136/2005, de 7 de junio publicado en el Diario Oficial de Extremadura no 66, de 9 de junio de 2005 |
| Annual expenditure planned or overall amount of individual aid granted to the company | Annual overall amount | EUR 1,2 million |
| Loans guaranteed | EUR 1,2 million |
| Maximum aid intensity | In conformity with Articles 4(2)-(5), 5 and 6 of the Regulation | Yes | |
| Date of implementation | 11.7.2005 |
| Duration of scheme or individual aid award | Until 30.6.2007 (31.12.2006 plus the six-month transitional period) |
| Objective of aid | Art. 4: Creation of employment | Yes |
| Art. 5: Recruitment of disadvantaged and disabled workers | |
| Art. 6: Employment of disabled workers | |
| Economic sectors concerned | — | All Community sectors (4) eligible for employment aid |

Aid No

XE 14/05

Member State

Spain

Region

Extremadura

Title of aid scheme or name of company receiving individual aid

Programme for promoting employment-generating activity: Emerging social economy

Legal basis

Capítulo V del Decreto 136/2005, de 7 de junio publicado en el Diario Oficial de Extremadura no 66, de 9 de junio de 2005

Annual expenditure planned or overall amount of individual aid granted to the company

Annual overall amount

EUR 1,2 million

Loans guaranteed

EUR 1,2 million

Maximum aid intensity

In conformity with Articles 4(2)-(5), 5 and 6 of the Regulation

Yes

Date of implementation

11.7.2005

Duration of scheme or individual aid award

Until 30.6.2007 (31.12.2006 plus the six-month transitional period)

Objective of aid

Art. 4: Creation of employment

Yes

Art. 5: Recruitment of disadvantaged and disabled workers

Art. 6: Employment of disabled workers

Economic sectors concerned

—

All Community sectors (4) eligible for employment aid

| — | All manufacturing (4) |
| --- | --- |

—

All manufacturing (4)

| — | All services (4) |
| --- | --- |

—

All services (4)

| — | Oher: agriculture |
| --- | --- |

—

Oher: agriculture

Yes

Name and address of the granting authority

Name:

Dirección General de Empleo — Consejería de Economía y Trabajo de la Junta de Extremadura

Address:

| Paseo de Roma s/n. |
| --- |
| E-06800 Mérida |
| Persona de contacto: José Ramón Sánchez González (Jefe de Servicio de Autoempleo y Economía Social) |
| Teléfono: 0034-924004569 |
| E-mail: jrsanchez@eco.juntaex.es |

Paseo de Roma s/n.

E-06800 Mérida

Persona de contacto: José Ramón Sánchez González (Jefe de Servicio de Autoempleo y Economía Social)

Teléfono: 0034-924004569

E-mail: jrsanchez@eco.juntaex.es

Aid subject to prior notification to the Commission

The measure excludes awards of aid or requires prior notification to the Commission of awards of aid in conformity with Article 9 of the Regulation.

Yes

| Aid No | XE 16/05 |
| --- | --- |
| Member State | Poland |
| Region | Entire country |
| Title of aid scheme or name of company receiving individual aid | Aid for job creation for persons with an agricultural background and persons threatened by restructuring processes. |
| Legal basis | Art. 31 ustawy z dnia 20 kwietnia 2004 r. o Narodowym Planie Rozwoju (Dz.U. nr 116, poz. 1206).
  Rozporządzenie Ministra Gospodarki i Pracy z dnia 17 grudnia 2004 r. w sprawie udzielania pomocy na wspieranie inwestycji w zakresie zatrudnienia (Dz.U. z 2004 r., nr 267, poz. 2653). Rozporządzenie weszło w życie 17 grudnia 2004 r. |
| Annual expenditure planned or overall amount of individual aid granted to the company | Annual overall amount | Forecast expenditure under the scheme is as follows:






  — | in 2005: EUR 28 600 000:






  — | 21 075 000 from the ESF, |

Aid No

XE 16/05

Member State

Poland

Region

Entire country

Title of aid scheme or name of company receiving individual aid

Aid for job creation for persons with an agricultural background and persons threatened by restructuring processes.

Legal basis

Art. 31 ustawy z dnia 20 kwietnia 2004 r. o Narodowym Planie Rozwoju (Dz.U. nr 116, poz. 1206).

Rozporządzenie Ministra Gospodarki i Pracy z dnia 17 grudnia 2004 r. w sprawie udzielania pomocy na wspieranie inwestycji w zakresie zatrudnienia (Dz.U. z 2004 r., nr 267, poz. 2653). Rozporządzenie weszło w życie 17 grudnia 2004 r.

Annual expenditure planned or overall amount of individual aid granted to the company

Annual overall amount

Forecast expenditure under the scheme is as follows:

—

in 2005: EUR 28 600 000:

—

21 075 000 from the ESF,

| — | 7 525 000 from the State budget. |
| --- | --- |

—

7 525 000 from the State budget.

| — | in 2006: EUR 28 600 000:






  — | 21 075 000 from the ESF, |
| --- | --- | --- |

—

in 2006: EUR 28 600 000:

—

21 075 000 from the ESF,

| — | 7 525 000 from the State budget. |
| --- | --- |

—

7 525 000 from the State budget.

Total expenditure until the end of the scheme (31 December 2006) is estimated at EUR 57 200 000 approx.

The scheme will be implemented within the framework of:

| — | Measure 2.3 — Vocational conversion for persons with an agricultural background |
| --- | --- |

—

Measure 2.3 — Vocational conversion for persons with an agricultural background

| — | Measure 2.4 — Vocational conversion of persons threatened by restructuring processes under the Integrated Regional Operational Programme |
| --- | --- |

—

Measure 2.4 — Vocational conversion of persons threatened by restructuring processes under the Integrated Regional Operational Programme

Loans guaranteed

Maximum aid intensity

In conformity with Articles 4(2)-(5), 5 and 6 of the Regulation

Yes

Date of implementation

17.12.2004

Duration of scheme or individual aid award

Until 31.12.2006

Objective of aid

Art. 4: Creation of employment

Yes

Art. 5: Recruitment of disadvantaged and disabled workers

No

Art. 6: Employment of disabled workers

No

Economic sectors concerned

| — | All Community sectors (5) eligible for employment aid |
| --- | --- |

—

All Community sectors (5) eligible for employment aid

No

| — | All manufacturing (5) |
| --- | --- |

—

All manufacturing (5)

No

| — | All services (5) |
| --- | --- |

—

All services (5)

No

| — | Other |
| --- | --- |

—

Other

Only companies outside the industries undergoing restructuring, i.e. not forming part of the following sectors: mining of lignite and coal, iron and steel (6) and shipbuilding, are eligible for aid

Yes

Name and address of the granting authority

Name:

Marszałek Województwa/Dyrektor Wojewódzkiego Urzędu Pracy właściwego ze względu na miejsce realizacji projektu/

Address:

16 Urzędów Marszałkowskich/Wojewódzkich Urzędów Pracy w całym kraju

Other information

The aid scheme is co-financed with funds from the European Social Fund as part of Measure 2.3 — Vocational conversion for persons with an agricultural background and Measure 2.4 — Vocational conversion of persons threatened by restructuring processes under the Integrated Regional Operational Programme

Aid subject to prior notification to the Commission

In conformity with Article 9 of the Regulation

Yes

---

(1)  With the exception of the shipbuilding sector and of other sectors which are the subject of special rules in regulations and directives governing all state aid within the sector.

(2)  With the exception of the shipbuilding sector and of other sectors subject to special rules in regulations and directives governing all state aid within the sector.

(3)  With the exception of the shipbuilding sector and of other sectors subject to special rules in regulations and directives governing all state aid within the sector.

(4)  With the exception of the shipbuilding sector and of other sectors subject to special rules in regulations and directives governing all state aid within the sector.

(5)  With the exception of the shipbuilding sector and of other sectors subject to special rules in regulations and directives governing all state aid within the sector.

(6)  As per the document entitled ‘Restructuring and Development of the Iron and Steel Industry in Poland to 2006,’ adopted by the Cabinet on 10 January 2003 with amendments accepted on 25 March 2003, the Iron and Steeling Restructuring Act of 24 January 2001 (Government Gazette 2001/111, item 1196, 2003/56, item 495, 2003/90, item 844, 2003/139, item 1325, 2004/12, item 102) and the Notice of the Minister for the Economy, Labour and Social Policy of 23 February 2004 on the register of steelworks and subsidiaries (Monitor Polski No 12, item 195).

---

| 23.3.2006 | EN | Official Journal of the European Union | C 71/8 |
| --- | --- | --- | --- |

23.3.2006

EN

Official Journal of the European Union

C 71/8

---

STATE AID

(Articles 87 to 89 of the Treaty Establishing the European Union)

Commission Communication to the Member States and other interested parties pursuant to Article 88(2) of the EC Treaty

State aid C 40/2003 (ex N 50/B/2002) — R&D aid for Ibermática

(2006/C 71/03)

(Text with EEA relevance)

By the following letter, dated 24 March 2004, the Commission informed Spain of its decision to terminate the procedure provided for in Article 88(2) of the EC Treaty.

‘By letter dated 16 January 2002, registered as received by the Commission on 17 January 2002, the Spanish authorities notified planned aid for Ibermática. The file was divided into two parts. The first, registered under number N 50/A/02, concerned the part of the aid that relates to productive investment. It was authorised by the Commission on 27 November 2002 (1). The second, registered under number N 50/B/02, concerns the part of the aid that relates to investment in research and development (R&D). It is that part to which this decision relates.

The Commission asked the Spanish authorities for additional information on the measures on a number of occasions. The Spanish authorities provided answers to the questions, most recently by letter dated 23 April 2003, registered as received by the Commission on the same date.

By letter sent to the Spanish authorities on 12 June 2003, the Commission initiated the procedure provided for in Article 88(2) of the EC Treaty in order to examine the measure more closely. The decision was published in the Official Journal of the European Union on 9 August 2003 (2).

By letter dated 14 January 2004, registered as received by the Commission on 16 January 2004, the Spanish authorities withdrew their notification of the measure. They stated that the R&D project would not be undertaken and that the aid would not therefore be granted.

The Commission notes that, pursuant to Article 8 of Council Regulation (EC) No 659/99 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (3), the Member State concerned may withdraw its notification in due time before the Commission has taken a decision on the aid. In cases where the Commission has already initiated the formal investigation procedure, it must close it.

Consequently, the Commission has decided to close the formal investigation procedure provided for in Article 88(2) of the EC Treaty on the aid in question, having noted that Spain had withdrawn its notification.’.

---

(1)  OJ C 186, 6.8.2003, p. 18.

1

(2)  OJ C 189, 9.8.2003, p. 2.

2

(3)  OJ L 83, 27.3.1999, p. 1.

3

---

| 23.3.2006 | EN | Official Journal of the European Union | C 71/9 |
| --- | --- | --- | --- |

23.3.2006

EN

Official Journal of the European Union

C 71/9

---

Amendment of the List of standards and/or specifications for electronic communications networks, services and associated facilities and services

(2006/C 71/04)

(Text with EEA relevance)

EXPLANATORY NOTE CONCERNING THE AMENDMENT OF THE LIST OF STANDARDS AND/OR SPECIFICATIONS FOR ELECTRONIC COMMUNICATIONS NETWORKS, SERVICES AND ASSOCIATED FACILITIES AND SERVICES

The Commission had signalled in the Communication on interoperability of digital interactive television services (1) its intention to add two more digital interactive television standards, MHEG-5 and WTVML, to the list of standards conditional upon their adoption by European Telecommunications Standards Institute (ETSI).

These two standards, MHEG-5 and WTVML have now been adopted by ETSI, and the list of standards is hereby being revised.

Chapter VI of the List of standards and/or specifications for electronic communications networks, services and associated facilities and services as published in the Official Journal of the European Union, reference OJ C 331, 31.12.2002, p.47 is amended as follows:

The heading APPLICATION PROGRAM INTERFACES (APIs), and all the text on page 47 under this heading is deleted, and replaced by the following heading and text:

INTERACTIVE DIGITAL TELEVISION

Article 18(1)(a) of the Framework Directive requires Member States to encourage, in accordance with the provisions of Article 17(2), providers of digital interactive television services for distribution to the public in the Community on digital interactive television platforms, regardless of the transmission mode, to use an open API.

Application Program Interfaces (APIs)

| Technical interfaces and/or service features | Reference | Notes |
| --- | --- | --- |
| Digital Video Broadcasting (DVB); Multimedia Home Platform (MHP) Specification 1.1.1 | — | ETSI TS 102 812 |

Technical interfaces and/or service features

Reference

Notes

Digital Video Broadcasting (DVB); Multimedia Home Platform (MHP) Specification 1.1.1

—

ETSI TS 102 812

version 1.2.1

Digital Video Broadcasting (DVB); Multimedia Home Platform (MHP) Specification 1.0.3

| — | ETSI ES 201 812 |
| --- | --- |

—

ETSI ES 201 812

version 1.1.1

previously TS 101 812 v. 1.3.1

MHEG-5 Broadcast Profile

| — | ETSI ES 202 184 |
| --- | --- |

—

ETSI ES 202 184

version 1.1.1

Standards for the realisation of interactive television content

| Technical interfaces and/or service features | Reference | Notes |
| --- | --- | --- |
| WTVML, Specification for a Lightweight Microbrowser for interactive TV applications, based on and compatible with WML | — | ETSITS 102 322 |

Technical interfaces and/or service features

Reference

Notes

WTVML, Specification for a Lightweight Microbrowser for interactive TV applications, based on and compatible with WML

—

ETSITS 102 322

version 1.1.1

---

(1)  COM(2004) 541.

1

---

| 23.3.2006 | EN | Official Journal of the European Union | C 71/10 |
| --- | --- | --- | --- |

23.3.2006

EN

Official Journal of the European Union

C 71/10

---

Prior notification of a concentration

(Case COMP/M.4020 — Wingas/ZGHG/JV)

Candidate case for simplified procedure

(2006/C 71/05)

(Text with EEA relevance)

| 1. | On 14 March 2006 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings ZMB Gasspeicher Holding GmbH (‘ZGHG’) (Austria) ultimately owned by OAO Gazprom (Russia) and Wingas GmbH (‘Wingas’) (Germany) ultimately owned by BASF (Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Wingas UK Storage Limited (‘Wingas Storage’) (United Kingdom) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 14 March 2006 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings ZMB Gasspeicher Holding GmbH (‘ZGHG’) (Austria) ultimately owned by OAO Gazprom (Russia) and Wingas GmbH (‘Wingas’) (Germany) ultimately owned by BASF (Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Wingas UK Storage Limited (‘Wingas Storage’) (United Kingdom) by way of purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:






  — | for Wingas: Europe-wide natural gas trading and marketing; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Wingas: Europe-wide natural gas trading and marketing;

| — | for ZGHG: sole purpose vehicle established to hold a stake in the JV; |
| --- | --- |

—

for ZGHG: sole purpose vehicle established to hold a stake in the JV;

| — | for Wingas Storage: the construction and the operation of the storage facility in Saltfleetby. |
| --- | --- |

—

for Wingas Storage: the construction and the operation of the storage facility in Saltfleetby.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4020 — Wingas/ZGHG/JV, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4020 — Wingas/ZGHG/JV, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

---

| 23.3.2006 | EN | Official Journal of the European Union | C 71/11 |
| --- | --- | --- | --- |

23.3.2006

EN

Official Journal of the European Union

C 71/11

---

Prior notification of a concentration

(Case COMP/M.4135 — Lactalis/Galbani)

(2006/C 71/06)

(Text with EEA relevance)

| 1. | On 15 March 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Groupe Lactalis SA (Lactalis, France) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Gruppo Galbani S.p.A (Galbani, Italy) by way of purchase of shares. |
| --- | --- |

1.

On 15 March 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Groupe Lactalis SA (Lactalis, France) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Gruppo Galbani S.p.A (Galbani, Italy) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for Lactalis: dairy products including cheeses; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Lactalis: dairy products including cheeses;

| — | for Galbani: dairy products including cheeses. |
| --- | --- |

—

for Galbani: dairy products including cheeses.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4135 — Lactalis/Galbani, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4135 — Lactalis/Galbani, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

| 23.3.2006 | EN | Official Journal of the European Union | C 71/12 |
| --- | --- | --- | --- |

23.3.2006

EN

Official Journal of the European Union

C 71/12

---

Non-opposition to a notified concentration

(Case COMP/M.4034 — Telenor/Vodafone Sverige)

(2006/C 71/07)

(Text with EEA relevance)

On 22 December 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://europa.eu.int/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://europa.eu.int/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32005M4034. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32005M4034. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

---

EUROPEAN ECONOMIC AREA

EFTA Court

| 23.3.2006 | EN | Official Journal of the European Union | C 71/13 |
| --- | --- | --- | --- |

23.3.2006

EN

Official Journal of the European Union

C 71/13

---

Actions brought on 21 December 2005 by the EFTA Surveillance Authority against the Principality of Liechtenstein

(Joined Cases E-5/05, E-6/05, E-7/05, E-8/05, E-9/05)

(2006/C 71/08)

Five actions against the Principality of Liechtenstein were brought before EFTA Court on 21 December 2005 by the EFTA Surveillance Authority, represented by Tor Arne Solberg-Johansen and Elisabethann Wright, acting as agents of the EFTA Surveillance Authority, 35, Rue Belliard, B-1040 Brussels.

The applicant claims that the Court should:

| 1. | In Case E-5/05: Declare that by failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 5cm of Annex XI to the Agreement on the European Economic Area (Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)) as adapted to the EEA Agreement by Protocol 1 thereto and by the sectoral adaptations contained in Annex XI to that Agreement, within the time limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under that Act and Article 7 of the EEA Agreement; |
| --- | --- |

1.

In Case E-5/05: Declare that by failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 5cm of Annex XI to the Agreement on the European Economic Area (Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)) as adapted to the EEA Agreement by Protocol 1 thereto and by the sectoral adaptations contained in Annex XI to that Agreement, within the time limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under that Act and Article 7 of the EEA Agreement;

| 2. | In Case E-6/05: Declare that by failing to ensure compliance with, or to supply the Authority with such information as would allow it to confirm compliance with the provisions of the Act referred to at point 13a of Annex XIV and point 5cg of Annex XI to the Agreement on the European Economic Area (Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services) as adapted to the EEA Agreement by Protocol 1 thereto and by the sectoral adaptation contained in Annex XIV and Annex XI to that Agreement, within the time limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under that Act and Article 7 of the EEA Agreement; |
| --- | --- |

2.

In Case E-6/05: Declare that by failing to ensure compliance with, or to supply the Authority with such information as would allow it to confirm compliance with the provisions of the Act referred to at point 13a of Annex XIV and point 5cg of Annex XI to the Agreement on the European Economic Area (Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services) as adapted to the EEA Agreement by Protocol 1 thereto and by the sectoral adaptation contained in Annex XIV and Annex XI to that Agreement, within the time limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under that Act and Article 7 of the EEA Agreement;

| 3. | In Case E-7/05: Declare that by failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 5cj of Annex XI to the Agreement on the European Economic Area (Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) as adapted to the EEA Agreement by Protocol 1 thereto and by the sectoral adaptation contained in Annex XI to that Agreement, within the time limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under that Act and Article 7 of the EEA Agreement; |
| --- | --- |

3.

In Case E-7/05: Declare that by failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 5cj of Annex XI to the Agreement on the European Economic Area (Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) as adapted to the EEA Agreement by Protocol 1 thereto and by the sectoral adaptation contained in Annex XI to that Agreement, within the time limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under that Act and Article 7 of the EEA Agreement;

| 4. | In Case E-8/05: Declare that by failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 5cl of Annex XI to the Agreement on the European Economic Area (Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services) as adapted to the EEA Agreement by Protocol 1 thereto and by the sectoral adaptations contained in Annex XI to that Agreement, within the time limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under that Act and Article 7 of the EEA Agreement; |
| --- | --- |

4.

In Case E-8/05: Declare that by failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 5cl of Annex XI to the Agreement on the European Economic Area (Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services) as adapted to the EEA Agreement by Protocol 1 thereto and by the sectoral adaptations contained in Annex XI to that Agreement, within the time limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under that Act and Article 7 of the EEA Agreement;

| 5. | In Case E-9/05: Declare that by failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 5ck of Annex XI to the Agreement on the European Economic Area (Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)) as adapted to the EEA Agreement by Protocol 1 thereto within the time limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under that Act and Article 7 of the EEA Agreement;
  and |
| --- | --- |

5.

In Case E-9/05: Declare that by failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 5ck of Annex XI to the Agreement on the European Economic Area (Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)) as adapted to the EEA Agreement by Protocol 1 thereto within the time limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under that Act and Article 7 of the EEA Agreement;

and

| 6. | Order the Principality of Liechtenstein to bear the costs of the proceedings. |
| --- | --- |

6.

Order the Principality of Liechtenstein to bear the costs of the proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The case concerns the non-implementation of telecommunications directives. |
| --- | --- |

—

The case concerns the non-implementation of telecommunications directives.

| — | Liechtenstein does not dispute that, by the expiry of the time limit, it had not taken the measures necessary to ensure implementation of the directives. |
| --- | --- |

—

Liechtenstein does not dispute that, by the expiry of the time limit, it had not taken the measures necessary to ensure implementation of the directives.

---

EFTA Surveillance Authority

| 23.3.2006 | EN | Official Journal of the European Union | C 71/15 |
| --- | --- | --- | --- |

23.3.2006

EN

Official Journal of the European Union

C 71/15

---

Public holidays in 2006: EEA EFTA States and EEA institutions

(2006/C 71/09)

| 2006 | Iceland | Liechtenstein | Norway | EFTA Surveillance Authority | EFTA Court |
| --- | --- | --- | --- | --- | --- |
| 1 January | X | X | X | X | X |
| 2 January | | X | | X | |
| 6 January | | X | | | |
| 2 February | | X | | | |
| 28 February | | X | | | |
| 19 March | | X | | | |
| 13 April | X | | X | | |
| 14 April | X | X | X | X | |
| 17 April | X | X | X | X | X |
| 20 April | X | | | | |
| 1 May | X | X | X | X | X |
| 17 May | | | X | | |
| 25 May | X | X | X | X | X |
| 26 May | | | | X | |
| 5 June | X | X | X | X | X |
| 15 June | | X | | | |
| 17 June | X | | | | |
| 23 June | | | | | X |
| 7 August | X | | | | |
| 15 August | | X | | | X |
| 8 September | | X | | | |
| 1 November | | X | | X | X |
| 8 December | | X | | | |
| 24 December | | X | | | |
| 25 December | X | X | X | X | X |
| 26 December | X | X | X | X | X |
| 31 December | | X | | | |

2006

Iceland

Liechtenstein

Norway

EFTA Surveillance Authority

EFTA Court

1 January

X

X

X

X

X

2 January

X

X

6 January

X

2 February

X

28 February

X

19 March

X

13 April

X

X

14 April

X

X

X

X

17 April

X

X

X

X

X

20 April

X

1 May

X

X

X

X

X

17 May

X

25 May

X

X

X

X

X

26 May

X

5 June

X

X

X

X

X

15 June

X

17 June

X

23 June

X

7 August

X

15 August

X

X

8 September

X

1 November

X

X

X

8 December

X

24 December

X

25 December

X

X

X

X

X

26 December

X

X

X

X

X

31 December

X

---

II Preparatory Acts pursuant to Title VI of the Treaty on European Union

| 23.3.2006 | EN | Official Journal of the European Union | C 71/16 |
| --- | --- | --- | --- |

23.3.2006

EN

Official Journal of the European Union

C 71/16

---

Initiative by the Republic of Austria with a view to the adoption of a Council Act amending Europol's staff regulations

(2006/C 71/10)

THE COUNCIL OF THE EUROPEAN UNION

Having regard to the Convention on the establishment of a European Police Office (‘Europol Convention’) (1), and in particular Article 30(3) thereof,

Having regard to the initiative by the Republic of Austria,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Management Board of Europol,

Whereas:

| (1) | It is desirable to amend the Staff Regulations applicable to Europol employees, as laid down in the Council Act of 3 December 1998 (2) (hereinafter referred to as the ‘Staff Regulations’), in order to provide for a maximum period of service of nine years under two fixed term contracts for all employees, |
| --- | --- |

(1)

It is desirable to amend the Staff Regulations applicable to Europol employees, as laid down in the Council Act of 3 December 1998 (2) (hereinafter referred to as the ‘Staff Regulations’), in order to provide for a maximum period of service of nine years under two fixed term contracts for all employees,

| (2) | It is furthermore desirable to amend the Staff Regulations in order to regulate the employment relationships of the Financial Controller, of the Assistant Financial Controller(s) and of staff working for the Financial Controller's Office, and the employment relationships of the Secretary of the Management Board of Europol and of staff working for the Management Board Secretariat. |
| --- | --- |

(2)

It is furthermore desirable to amend the Staff Regulations in order to regulate the employment relationships of the Financial Controller, of the Assistant Financial Controller(s) and of staff working for the Financial Controller's Office, and the employment relationships of the Secretary of the Management Board of Europol and of staff working for the Management Board Secretariat.

| (3) | It is for the Council, acting unanimously, to lay down the detailed arrangements applicable to Europol employees and make subsequent amendments, |
| --- | --- |

(3)

It is for the Council, acting unanimously, to lay down the detailed arrangements applicable to Europol employees and make subsequent amendments,

HAS ADOPTED THIS ACT:

Article 1

The Staff Regulations are hereby amended as follows:

| 1) | The following paragraphs shall be added to Article 1:
  ‘3.   The Staff Regulations shall also apply to the Financial Controller and Assistant Financial Controller(s) of Europol and to staff working for the Financial Controller's Office, without prejudice to the Europol Convention or to the Europol Financial Regulation and as far as not otherwise provided in Appendix 10, which establishes special provisions concerning the Financial Controller, the Assistant Financial Controller(s) and staff working for the Financial Controller's Office.
  4.   The Staff Regulations shall also apply to the Secretary of the Management Board of Europol and to staff working for the Management Board Secretariat, without prejudice to the Europol Convention and as far as not otherwise provided in Appendix 11, which establishes special provisions concerning the Secretary of the Management Board and staff working for the Management Board Secretariat.’; |
| --- | --- |

1)

The following paragraphs shall be added to Article 1:

‘3.   The Staff Regulations shall also apply to the Financial Controller and Assistant Financial Controller(s) of Europol and to staff working for the Financial Controller's Office, without prejudice to the Europol Convention or to the Europol Financial Regulation and as far as not otherwise provided in Appendix 10, which establishes special provisions concerning the Financial Controller, the Assistant Financial Controller(s) and staff working for the Financial Controller's Office.

4.   The Staff Regulations shall also apply to the Secretary of the Management Board of Europol and to staff working for the Management Board Secretariat, without prejudice to the Europol Convention and as far as not otherwise provided in Appendix 11, which establishes special provisions concerning the Secretary of the Management Board and staff working for the Management Board Secretariat.’;

| 2) | Article 6 shall be replaced by the following:
  ‘Article 6
  All Europol staff, whether recruited to a post which can be filled only by staff engaged from the competent authorities referred to in Article 2(4) of the Europol Convention or whether recruited to a post which is not subject to that restriction, shall initially be engaged for a fixed period of between one and five years.
  First contracts may be renewed. The total length of the fixed-term contracts, including any periods of renewal, shall not be more than nine years.
  Only staff recruited to a post not restricted to staff engaged from the competent authorities referred to in Article 2(4) of the Europol Convention may be engaged for an indefinite period after serving two contracts for a fixed period consistently to a highly satisfactory standard for a minimum period of service of six years.
  The Management Board of Europol shall give its consent on a yearly basis insofar as the Director of Europol intends to grant contracts of indefinite duration. The Management Board may fix ceilings for the total number of such contracts to be granted.’; |
| --- | --- |

2)

Article 6 shall be replaced by the following:

‘Article 6

All Europol staff, whether recruited to a post which can be filled only by staff engaged from the competent authorities referred to in Article 2(4) of the Europol Convention or whether recruited to a post which is not subject to that restriction, shall initially be engaged for a fixed period of between one and five years.

First contracts may be renewed. The total length of the fixed-term contracts, including any periods of renewal, shall not be more than nine years.

Only staff recruited to a post not restricted to staff engaged from the competent authorities referred to in Article 2(4) of the Europol Convention may be engaged for an indefinite period after serving two contracts for a fixed period consistently to a highly satisfactory standard for a minimum period of service of six years.

The Management Board of Europol shall give its consent on a yearly basis insofar as the Director of Europol intends to grant contracts of indefinite duration. The Management Board may fix ceilings for the total number of such contracts to be granted.’;

| 3) | Article 95 shall be replaced by the following:
  ‘Article 95
  Employment, whether for a fixed or for an indefinite period, may be terminated by Europol without notice:






  (a) | during or at the end of the probationary period in accordance with Article 26; |
| --- | --- | --- |

3)

Article 95 shall be replaced by the following:

‘Article 95

Employment, whether for a fixed or for an indefinite period, may be terminated by Europol without notice:

(a)

during or at the end of the probationary period in accordance with Article 26;

| (b) | if the official ceases to satisfy the requirements of Article 24(2)(a) and (d); however, if the official ceases to satisfy the requirements of Article 24(2)(d), his contact may be terminated only in accordance with Article 65; |
| --- | --- |

(b)

if the official ceases to satisfy the requirements of Article 24(2)(a) and (d); however, if the official ceases to satisfy the requirements of Article 24(2)(d), his contact may be terminated only in accordance with Article 65;

| (c) | if the period of secondment, special leave or temporary outplacement agreed to by the competent authority is terminated in the case of an official occupying a post which can be filled only by staff engaged from the competent authorities referred to in Article 2(4) of the Europol Convention; |
| --- | --- |

(c)

if the period of secondment, special leave or temporary outplacement agreed to by the competent authority is terminated in the case of an official occupying a post which can be filled only by staff engaged from the competent authorities referred to in Article 2(4) of the Europol Convention;

| (d) | if the official is unable to resume his duties at the end of a period of paid sick leave as provided for in Article 38. In such a case, the official shall receive an allowance equal to his basic salary, plus family allowances at the rate of two days per month of service completed.’; |
| --- | --- |

(d)

if the official is unable to resume his duties at the end of a period of paid sick leave as provided for in Article 38. In such a case, the official shall receive an allowance equal to his basic salary, plus family allowances at the rate of two days per month of service completed.’;

| 4) | Article 3(3) of Appendix 2 shall be replaced by the following:
  ‘3.   Without prejudice to the maximum periods of service provided for in Article 6 of the Staff Regulations, for all vacant posts both internal and external applications shall be considered.’; |
| --- | --- |

4)

Article 3(3) of Appendix 2 shall be replaced by the following:

‘3.   Without prejudice to the maximum periods of service provided for in Article 6 of the Staff Regulations, for all vacant posts both internal and external applications shall be considered.’;

| 5) | the following appendix 10 shall be added after Appendix 9:

  ‘APPENDIX 10
  Special provisions concerning the Financial Controller, the Assistant Financial Controller(s) and staff working for the Financial Controller's Office
  CHAPTER 1
  FUNCTION AND DUTIES
  Article 1
  1.   The Financial Controller shall be responsible for and shall perform the tasks assigned to him by the Europol Convention and by the Europol Financial Regulation, and all other tasks assigned to the Financial Controller by the Management Board.
  2.   In accordance with Article 20 of the Europol Financial Regulation, in carrying out his duties, the Financial Controller shall be accountable solely to the Management Board and shall be responsible to it for their performance.
  3.   The Assistant Financial Controller(s) shall be responsible for and shall perform the tasks assigned to them by the Europol Convention and by the Europol Financial Regulation, and all other tasks assigned to them by the Financial Controller.
  4.   In carrying out their duties, the Assistant Financial Controller(s) and any additional staff working for the Financial Controller's Office shall be accountable solely to the Management Board and shall be responsible to it for their performance.
  5.   The Financial Controller and one or more Assistant Financial Controller(s) shall be appointed in accordance with Article 35(7) of the Europol Convention and with the further rules set out in this Appendix.
  Article 2
  1.   Unless provided otherwise in this Appendix, where the Staff Regulations provide for the exercise of authority or control by the Director over members of Europol staff, any such provision shall be read, in respect of the Financial Controller, the Assistant Financial Controller(s) and additional staff working for the Financial Controller's Office, as referring to the Chairman of the Management Board.
  2.   Any decision taken in accordance with this Appendix by the Management Board or by the Chairman of the Management Board that requires legal implementation shall be formalised by the Director, acting as the legal representative of Europol in accordance with Article 29(5) of the Europol Convention.
  CHAPTER 2
  ELIGIBILITY AND SELECTION PROCEDURES
  Article 3
  In accordance with Article 35(7) of the Europol Convention and Article 20 of the Europol Financial Regulation, the Financial Controller and the Assistant Financial Controller(s) shall be selected from one of the official audit bodies of one of the Member States.
  Article 4
  Recruitment for the post of Financial Controller shall be carried out in accordance with Article 35(7) of the Europol Convention and Chapter 3 and Appendix 2 of the Staff Regulations, subject to the following special provisions:






  (a) | a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the representatives of three Member States, including the Presidency, the others being determined by the drawing of lots by the Management Board; those three members shall elect one of their number as the Chairman of the Selection Board; |
| --- | --- | --- |

5)

the following appendix 10 shall be added after Appendix 9:

‘APPENDIX 10

Special provisions concerning the Financial Controller, the Assistant Financial Controller(s) and staff working for the Financial Controller's Office

CHAPTER 1

FUNCTION AND DUTIES

Article 1

1.   The Financial Controller shall be responsible for and shall perform the tasks assigned to him by the Europol Convention and by the Europol Financial Regulation, and all other tasks assigned to the Financial Controller by the Management Board.

2.   In accordance with Article 20 of the Europol Financial Regulation, in carrying out his duties, the Financial Controller shall be accountable solely to the Management Board and shall be responsible to it for their performance.

3.   The Assistant Financial Controller(s) shall be responsible for and shall perform the tasks assigned to them by the Europol Convention and by the Europol Financial Regulation, and all other tasks assigned to them by the Financial Controller.

4.   In carrying out their duties, the Assistant Financial Controller(s) and any additional staff working for the Financial Controller's Office shall be accountable solely to the Management Board and shall be responsible to it for their performance.

5.   The Financial Controller and one or more Assistant Financial Controller(s) shall be appointed in accordance with Article 35(7) of the Europol Convention and with the further rules set out in this Appendix.

Article 2

1.   Unless provided otherwise in this Appendix, where the Staff Regulations provide for the exercise of authority or control by the Director over members of Europol staff, any such provision shall be read, in respect of the Financial Controller, the Assistant Financial Controller(s) and additional staff working for the Financial Controller's Office, as referring to the Chairman of the Management Board.

2.   Any decision taken in accordance with this Appendix by the Management Board or by the Chairman of the Management Board that requires legal implementation shall be formalised by the Director, acting as the legal representative of Europol in accordance with Article 29(5) of the Europol Convention.

CHAPTER 2

ELIGIBILITY AND SELECTION PROCEDURES

Article 3

In accordance with Article 35(7) of the Europol Convention and Article 20 of the Europol Financial Regulation, the Financial Controller and the Assistant Financial Controller(s) shall be selected from one of the official audit bodies of one of the Member States.

Article 4

Recruitment for the post of Financial Controller shall be carried out in accordance with Article 35(7) of the Europol Convention and Chapter 3 and Appendix 2 of the Staff Regulations, subject to the following special provisions:

(a)

a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the representatives of three Member States, including the Presidency, the others being determined by the drawing of lots by the Management Board; those three members shall elect one of their number as the Chairman of the Selection Board;

| (b) | the advertisement shall be drawn up by the Management Board; |
| --- | --- |

(b)

the advertisement shall be drawn up by the Management Board;

| (c) | the Head of the Human Resources Unit shall act as the Secretary of the Selection Board and shall provide administrative support as required; he shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the procedure; |
| --- | --- |

(c)

the Head of the Human Resources Unit shall act as the Secretary of the Selection Board and shall provide administrative support as required; he shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the procedure;

| (d) | the test(s), if any, shall be prepared exclusively by the members of the Selection Board, who may decide against the need for written test(s); all pre-selected candidates shall be interviewed by the Selection Board; |
| --- | --- |

(d)

the test(s), if any, shall be prepared exclusively by the members of the Selection Board, who may decide against the need for written test(s); all pre-selected candidates shall be interviewed by the Selection Board;

| (e) | the list of the successful candidates in order of merit drawn up by the Selection Board shall be forwarded to the Chairman of the Management Board; |
| --- | --- |

(e)

the list of the successful candidates in order of merit drawn up by the Selection Board shall be forwarded to the Chairman of the Management Board;

| (f) | the Management Board shall select the successful candidate by unanimous decision, in accordance with Article 35(7) of the Europol Convention. |
| --- | --- |

(f)

the Management Board shall select the successful candidate by unanimous decision, in accordance with Article 35(7) of the Europol Convention.

Article 5

Recruitment of one or more Assistant Financial Controller(s) and of staff working for the Financial Controller's office shall be carried out in accordance with Chapter 3 and Appendix 2 of the Staff Regulations and, in respect of the Assistant Financial Controller(s), with Article 35(7) of the Europol Convention, subject to the following special provisions:

| (a) | for the recruitment of an Assistant Financial Controller, a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the Financial Controller, who shall act as the Chairman of the Selection Board, two representatives of Member States, including the Presidency, the other being determined by the drawing of lots by the Management Board, and the Head of the Human Resources Unit, who shall act as the secretary to the Selection Board; the secretary of the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the selection procedure; |
| --- | --- |

(a)

for the recruitment of an Assistant Financial Controller, a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the Financial Controller, who shall act as the Chairman of the Selection Board, two representatives of Member States, including the Presidency, the other being determined by the drawing of lots by the Management Board, and the Head of the Human Resources Unit, who shall act as the secretary to the Selection Board; the secretary of the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the selection procedure;

| (b) | for the recruitment of other staff working for the Financial Controller's Office, a Selection Board shall be set up by the Financial Controller, who shall act as the Chairman of the Selection Board, and the Head of the Human Resources Unit, who shall act as the secretary of the Selection Board; the secretary of the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the selection procedure; furthermore the Presidency may, if it so wishes, assign a representative to serve as a member of the Selection Board; |
| --- | --- |

(b)

for the recruitment of other staff working for the Financial Controller's Office, a Selection Board shall be set up by the Financial Controller, who shall act as the Chairman of the Selection Board, and the Head of the Human Resources Unit, who shall act as the secretary of the Selection Board; the secretary of the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the selection procedure; furthermore the Presidency may, if it so wishes, assign a representative to serve as a member of the Selection Board;

| (c) | the advertisement shall be drawn up by the Selection Board; |
| --- | --- |

(c)

the advertisement shall be drawn up by the Selection Board;

| (d) | the test(s) shall be prepared exclusively by the members of the Selection Board, who shall interview all pre-selected candidates; |
| --- | --- |

(d)

the test(s) shall be prepared exclusively by the members of the Selection Board, who shall interview all pre-selected candidates;

| (e) | the list of the successful candidates in order of merit drawn up by the Selection Board shall be forwarded to the Chairman of the Management Board; |
| --- | --- |

(e)

the list of the successful candidates in order of merit drawn up by the Selection Board shall be forwarded to the Chairman of the Management Board;

| (f) | as regards the Assistant Financial Controller(s), the Management Board shall select the successful candidate(s) by unanimous decision, in accordance with Article 35(7) of the Europol Convention and Article 20(1) of the Europol Financial Regulation; |
| --- | --- |

(f)

as regards the Assistant Financial Controller(s), the Management Board shall select the successful candidate(s) by unanimous decision, in accordance with Article 35(7) of the Europol Convention and Article 20(1) of the Europol Financial Regulation;

| (g) | as regards other staff working for the Financial Controller's Office, the Chairman of the Management Board shall select the successful candidate. |
| --- | --- |

(g)

as regards other staff working for the Financial Controller's Office, the Chairman of the Management Board shall select the successful candidate.

CHAPTER 3

TERM OF OFFICE, CONDITIONS OF ENGAGEMENT AND INCOMPATIBILITIES

Article 6

1.   The initial term of office of the Financial Controller shall be determined by the Management Board by unanimous decision in accordance with Article 6 of the Staff Regulations. The contract may be renewed by unanimous decision of the Management Board in accordance with Article 6 of the Staff Regulations.

2.   The initial term of office of the Assistant Financial Controller(s) shall be determined by the Management Board by unanimous decision in accordance with Article 6 of the Staff Regulations. The contract may be renewed by unanimous decision of the Management Board in accordance with Article 6 of the Staff Regulations.

3.   The initial term of office of staff working for the Financial Controller shall be determined by the Chairman of the Management Board in accordance with Article 6 of the Staff Regulations. On the basis of advice from the Financial Controller, contracts may be renewed by decision of the Chairman of the Management Board in accordance with Article 6 of the Staff Regulations.

Article 7

1.   The post of Financial Controller shall be deemed to correspond to that of a Head of Unit in accordance with Article 45 and Appendix 1 of the Staff Regulations.

2.   The post of Assistant Financial Controller(s) shall be deemed to correspond to that of First Officer in accordance with Article 45 and Appendix 1 of the Staff Regulations.

Article 8

1.   The initial salary scale and the incremental point at which the Financial Controller and the Assistant Financial Controller(s) shall be engaged shall be determined by unanimous decision of the Management Board.

2.   In the case of the Financial Controller, all the periodical reports and decisions provided for in Chapter 3 of the Staff Regulations shall be made by the Chairman of the Management Board, who shall be assisted to that end by his predecessors as regards previous periods of service.

3.   In the case of the Assistant Financial Controller(s), all the periodical reports and decisions provided for in Chapter 3 of the Staff Regulations shall be made by the Financial Controller and shall be subject to confirmation by the Chairman of the Management Board.

Article 9

1.   The initial salary scale and the incremental point at which staff working for the Financial Controller's Office shall be engaged shall be determined by the Chairman of the Management Board.

2.   In the case of staff working for the Financial Controller's Office, on the basis of advice from the Financial Controller, all the periodical reports and decisions provided for in Chapter 3 of the Staff Regulations shall be made by the Financial Controller and confirmed by the Chairman of the Management Board.

Article 10

Once their terms of office have been completed, neither the Financial Controller nor the Assistant Financial Controller(s) may be recruited for a Europol post subject to the authority of the Director for at least eighteen months.

CHAPTER 4

TERMINATION OF SERVICE

Article 11

The service of the Financial Controller or of the Assistant Financial Controller(s) shall be terminated in accordance with Chapter 10 of the Staff Regulations, subject to the following special provisions:

| (a) | any decision to terminate the service of the Financial Controller or of the Assistant Financial Controller(s) shall be taken by the Management Board by unanimous decision; |
| --- | --- |

(a)

any decision to terminate the service of the Financial Controller or of the Assistant Financial Controller(s) shall be taken by the Management Board by unanimous decision;

| (b) | a decision to terminate the service of the Financial Controller or of the Assistant Financial Controller(s) on disciplinary grounds shall take into account the special provisions on disciplinary proceedings set out in Chapter 5 of this Appendix. |
| --- | --- |

(b)

a decision to terminate the service of the Financial Controller or of the Assistant Financial Controller(s) on disciplinary grounds shall take into account the special provisions on disciplinary proceedings set out in Chapter 5 of this Appendix.

Article 12

The service of staff working for the Financial Controller's Office shall be terminated in accordance with Chapter 10 of the Staff Regulations, subject to the following special provisions:

| (a) | any decision to terminate the service of staff working for the Financial Controller's Office shall be taken by the Chairman of the Management Board, acting on the reasoned advice of the Financial Controller; |
| --- | --- |

(a)

any decision to terminate the service of staff working for the Financial Controller's Office shall be taken by the Chairman of the Management Board, acting on the reasoned advice of the Financial Controller;

| (b) | a decision to terminate the service of staff working for the Financial Controller's Office on disciplinary grounds shall take into account the special provisions on disciplinary proceedings set out in Chapter 5 of this Appendix. |
| --- | --- |

(b)

a decision to terminate the service of staff working for the Financial Controller's Office on disciplinary grounds shall take into account the special provisions on disciplinary proceedings set out in Chapter 5 of this Appendix.

CHAPTER 5

DISCIPLINARY PROCEEDINGS

Article 13

Disciplinary proceedings against the Financial Controller and the Assistant Financial Controller(s) shall be carried out in accordance with Article 49(5) of the Financial Regulation and Chapter 8 and Appendix 7 of the Staff Regulations, subject to the following special provisions:

| (a) | a Disciplinary Board shall be set up by the Management Board, which shall consist of the Chairman of the Management Board, who shall serve as the Chairman of the Disciplinary Board, and of representatives of three Member States determined by the drawing of lots by the Management Board; the representatives shall be of higher or comparable rank or level of seniority to the Financial Controller or the Assistant Financial Controller(s); they shall not at the same time be members of the Management Board; |
| --- | --- |

(a)

a Disciplinary Board shall be set up by the Management Board, which shall consist of the Chairman of the Management Board, who shall serve as the Chairman of the Disciplinary Board, and of representatives of three Member States determined by the drawing of lots by the Management Board; the representatives shall be of higher or comparable rank or level of seniority to the Financial Controller or the Assistant Financial Controller(s); they shall not at the same time be members of the Management Board;

| (b) | a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacancies arise for other reasons, they shall be filled by the drawing of lots; |
| --- | --- |

(b)

a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacancies arise for other reasons, they shall be filled by the drawing of lots;

| (c) | the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs Unit if that is desired; |
| --- | --- |

(c)

the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs Unit if that is desired;

| (d) | the Management Board shall have the right to issue a written warning or a reprimand by unanimous decision without consulting the Disciplinary Board, on a proposal from the Chairman of the Management Board or one of its other members; the Financial Controller or the Assistant Financial Controller(s) shall be informed thereof in writing, and shall be heard before any such action is taken; |
| --- | --- |

(d)

the Management Board shall have the right to issue a written warning or a reprimand by unanimous decision without consulting the Disciplinary Board, on a proposal from the Chairman of the Management Board or one of its other members; the Financial Controller or the Assistant Financial Controller(s) shall be informed thereof in writing, and shall be heard before any such action is taken;

| (e) | other disciplinary measures shall be ordered by the Management Board by unanimous decision once the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations has been completed; that procedure shall be initiated by the Chairman of the Management Board, once he has heard the Financial Controller or the Assistant Financial Controller(s); |
| --- | --- |

(e)

other disciplinary measures shall be ordered by the Management Board by unanimous decision once the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations has been completed; that procedure shall be initiated by the Chairman of the Management Board, once he has heard the Financial Controller or the Assistant Financial Controller(s);

| (f) | the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide on a request for the removal of all references to disciplinary measures from the personal file provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the Management Board, who shall consult the members of the Management Board; |
| --- | --- |

(f)

the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide on a request for the removal of all references to disciplinary measures from the personal file provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the Management Board, who shall consult the members of the Management Board;

| (g) | a report shall be submitted to the Disciplinary Board by the Management Board, stating clearly the facts complained of and, where appropriate, the circumstances in which they arose; |
| --- | --- |

(g)

a report shall be submitted to the Disciplinary Board by the Management Board, stating clearly the facts complained of and, where appropriate, the circumstances in which they arose;

| (h) | at the first meeting of the Disciplinary Board, the members shall appoint one of their number to prepare a general report on the matter; |
| --- | --- |

(h)

at the first meeting of the Disciplinary Board, the members shall appoint one of their number to prepare a general report on the matter;

| (i) | the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be sent to the Financial Controller and to the Management Board, which shall take its decision by unanimity within one month of receiving the opinion, after hearing the Financial Controller or the Assistant Financial Controller(s); |
| --- | --- |

(i)

the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be sent to the Financial Controller and to the Management Board, which shall take its decision by unanimity within one month of receiving the opinion, after hearing the Financial Controller or the Assistant Financial Controller(s);

| (j) | where there are new facts which are supported by relevant evidence, the disciplinary procedure may be reopened by the Management Board on its own initiative or at the request of the Financial Controller or the Assistant Financial Controller(s). |
| --- | --- |

(j)

where there are new facts which are supported by relevant evidence, the disciplinary procedure may be reopened by the Management Board on its own initiative or at the request of the Financial Controller or the Assistant Financial Controller(s).

Article 14

Disciplinary proceedings against staff working for the Financial Controller's Office shall be carried out in accordance with Chapter 8 and Appendix 7 of the Staff Regulations, subject to the following special provisions:

| (a) | a Disciplinary Board shall be set up by the Management Board, which shall consist of three representatives of Member States determined by the drawing of lots by the Management Board; the representatives shall be of a higher or comparable rank or level of seniority to the member of staff working for the Financial Controller's Office; they shall not at the same time be members of the Management Board; they shall agree that one of their number shall act as Chairman of the Disciplinary Board; |
| --- | --- |

(a)

a Disciplinary Board shall be set up by the Management Board, which shall consist of three representatives of Member States determined by the drawing of lots by the Management Board; the representatives shall be of a higher or comparable rank or level of seniority to the member of staff working for the Financial Controller's Office; they shall not at the same time be members of the Management Board; they shall agree that one of their number shall act as Chairman of the Disciplinary Board;

| (b) | a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacancies arise for other reasons, they shall be filled by the drawing of lots; |
| --- | --- |

(b)

a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacancies arise for other reasons, they shall be filled by the drawing of lots;

| (c) | the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs Unit if that is desired; |
| --- | --- |

(c)

the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs Unit if that is desired;

| (d) | the Management Board shall have the right to issue a written warning or a reprimand by unanimous decision without consulting the Disciplinary Board, on his own initiative or on a proposal from one of the members of the Management Board; the member of staff working for the Financial Controller's Office shall be informed thereof in writing, and shall be heard before any such action is taken; |
| --- | --- |

(d)

the Management Board shall have the right to issue a written warning or a reprimand by unanimous decision without consulting the Disciplinary Board, on his own initiative or on a proposal from one of the members of the Management Board; the member of staff working for the Financial Controller's Office shall be informed thereof in writing, and shall be heard before any such action is taken;

| (e) | other disciplinary measures shall be ordered by the Chairman of the Management Board once the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations has been completed; that procedure shall be initiated by the Chairman of the Management Board, once he has heard the member of staff working for the Financial Controller's Office; |
| --- | --- |

(e)

other disciplinary measures shall be ordered by the Chairman of the Management Board once the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations has been completed; that procedure shall be initiated by the Chairman of the Management Board, once he has heard the member of staff working for the Financial Controller's Office;

| (f) | the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide on a request for the removal of all references to disciplinary measures from the personal file provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the Management Board; |
| --- | --- |

(f)

the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide on a request for the removal of all references to disciplinary measures from the personal file provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the Management Board;

| (g) | a report shall be submitted to the Disciplinary Board by the Chairman of the Management Board, stating clearly the facts complained of and, where appropriate, the circumstances in which they arose; |
| --- | --- |

(g)

a report shall be submitted to the Disciplinary Board by the Chairman of the Management Board, stating clearly the facts complained of and, where appropriate, the circumstances in which they arose;

| (h) | at the first meeting of the Disciplinary Board, the members shall appoint one of their number to prepare a general report on the matter; |
| --- | --- |

(h)

at the first meeting of the Disciplinary Board, the members shall appoint one of their number to prepare a general report on the matter;

| (i) | the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be sent to the member of staff working for the Financial Controller's Office and to the Chairman of the Management Board, who shall take his decision within one month of receiving the opinion, after hearing the member of staff working for the Financial Controller's Office; |
| --- | --- |

(i)

the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be sent to the member of staff working for the Financial Controller's Office and to the Chairman of the Management Board, who shall take his decision within one month of receiving the opinion, after hearing the member of staff working for the Financial Controller's Office;

| (j) | where there are new facts which are supported by relevant evidence, the disciplinary procedure may be reopened by the Chairman of the Management Board on his own initiative or at the request of the official concerned. |
| --- | --- |

(j)

where there are new facts which are supported by relevant evidence, the disciplinary procedure may be reopened by the Chairman of the Management Board on his own initiative or at the request of the official concerned.

CHAPTER 6

LIABILITY

Article 15

1.   As regards the liability of the Financial Controller and the Assistant Financial Controller(s) under Article 49(5) and (6) of the Financial Regulation, the Financial Controller and the Assistant Financial Controller(s) shall insure themselves against such risks.

2.   Europol shall cover the insurance costs relating thereto.

CHAPTER 7

APPEALS

Article 16

1.   Complaints by the Financial Controller, an Assistant Financial Controller or a member of staff working for the Financial Controller's Office pursuant to Article 92(2) of the Staff Regulations shall be submitted to, and dealt with by, the authority which took the definitive decision in the matter.

2.   Appeals by the Financial Controller, an Assistant Financial Controller or a member of staff working for the Financial Controller's Office pursuant to Article 93 of the Staff Regulations shall lie only if the authority which took the definitive decision in the matter previously had a complaint submitted to it pursuant to paragraph 1 and that complaint was rejected by express decision or implicit decision. However, the person concerned may, after submitting a complaint pursuant to paragraph 1, immediately file an appeal with the Court of Justice of the European Communities, under the conditions laid down in Article 93(4) of the Staff Regulations.

CHAPTER 8

SPECIAL PROVISIONS CONCERNING THE FINANCIAL CONTROLLER AND TRANSITIONAL PROVISIONS

Article 17

Where the Financial Controller is unable to exercise his functions for a period of more than one month, or the position of Financial Controller is vacant, his duties shall be performed by an Assistant Financial Controller. For that purpose the Management Board shall indicate the order of replacement whenever an Assistant Financial Controller is appointed.

Article 18

When decisions concerning the Financial Controller, the Assistant Financial Controller(s) or staff working for the Financial Controller's Office or contractual arrangements concerning a person occupying the post of Financial Controller, Assistant Financial Controller or staff working for the Financial Controller's Office were made before the entry into force of this Appendix, such decisions or contractual arrangements shall continue to apply.’;

| 6) | the following appendix shall be added after Appendix 10:

  ‘APPENDIX 11
  Special provisions concerning the Secretary of the Management Board and staff working for the Management Board Secretariat
  CHAPTER 1
  FUNCTION AND DUTIES
  Article 1
  1.   The Management Board shall be given the support of a Secretary and of additional staff working for the Management Board Secretariat so that it may carry out its duties.
  2.   In carrying out their duties, the Secretary of the Management Board and staff working for the Management Board Secretariat shall be accountable solely to the Management Board and shall be responsible to it for their performance. However, if authorised by the Management Board in advance, under its authority they may also carry out other duties in the interests of Europol.
  Article 2
  1.   Unless provided otherwise in this Appendix, where the Staff Regulations provide for the exercise of authority or control by the Director or by Europol over members of Europol staff, any such provision shall be read, in respect of the Secretary of the Management Board and of staff working for the Management Board Secretariat, as referring to the Chairman of the Management Board.
  2.   Any decision taken in accordance with this Appendix by the Management Board or by the Chairman of the Management Board that requires legal implementation shall be formalised by the Director, acting as the legal representative of Europol in accordance with Article 29(5) of the Europol Convention.
  CHAPTER 2
  ELIGIBILITY AND SELECTION PROCEDURES
  Article 3
  The posts of Secretary of the Management Board and of additional staff working for the Management Board Secretariat shall not be restricted to staff engaged from the competent authorities referred to in Article 2(4) of the Europol Convention.
  Article 4
  Recruitment for the post of Secretary of the Management Board shall be carried out in accordance with Chapter 3 and Appendix 2 of the Staff Regulations, subject to the following special provisions:






  (a) | a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the representatives of three Member States, including the Presidency, the others being determined by the drawing of lots by the Management Board; those three members shall elect one of their number as the Chairman of the Selection Board; |
| --- | --- | --- |

6)

the following appendix shall be added after Appendix 10:

‘APPENDIX 11

Special provisions concerning the Secretary of the Management Board and staff working for the Management Board Secretariat

CHAPTER 1

FUNCTION AND DUTIES

Article 1

1.   The Management Board shall be given the support of a Secretary and of additional staff working for the Management Board Secretariat so that it may carry out its duties.

2.   In carrying out their duties, the Secretary of the Management Board and staff working for the Management Board Secretariat shall be accountable solely to the Management Board and shall be responsible to it for their performance. However, if authorised by the Management Board in advance, under its authority they may also carry out other duties in the interests of Europol.

Article 2

1.   Unless provided otherwise in this Appendix, where the Staff Regulations provide for the exercise of authority or control by the Director or by Europol over members of Europol staff, any such provision shall be read, in respect of the Secretary of the Management Board and of staff working for the Management Board Secretariat, as referring to the Chairman of the Management Board.

2.   Any decision taken in accordance with this Appendix by the Management Board or by the Chairman of the Management Board that requires legal implementation shall be formalised by the Director, acting as the legal representative of Europol in accordance with Article 29(5) of the Europol Convention.

CHAPTER 2

ELIGIBILITY AND SELECTION PROCEDURES

Article 3

The posts of Secretary of the Management Board and of additional staff working for the Management Board Secretariat shall not be restricted to staff engaged from the competent authorities referred to in Article 2(4) of the Europol Convention.

Article 4

Recruitment for the post of Secretary of the Management Board shall be carried out in accordance with Chapter 3 and Appendix 2 of the Staff Regulations, subject to the following special provisions:

(a)

a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the representatives of three Member States, including the Presidency, the others being determined by the drawing of lots by the Management Board; those three members shall elect one of their number as the Chairman of the Selection Board;

| (b) | the advertisement shall be drawn up by the Management Board; |
| --- | --- |

(b)

the advertisement shall be drawn up by the Management Board;

| (c) | the Head of the Human Resources Unit shall act as the secretary of the Selection Board and shall provide administrative support as required; he shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the procedure; |
| --- | --- |

(c)

the Head of the Human Resources Unit shall act as the secretary of the Selection Board and shall provide administrative support as required; he shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the procedure;

| (d) | the test(s), if any, shall be prepared exclusively by the members of the Selection Board, who may decide against the need for written test(s); all pre-selected candidates shall be interviewed by the Selection Board; |
| --- | --- |

(d)

the test(s), if any, shall be prepared exclusively by the members of the Selection Board, who may decide against the need for written test(s); all pre-selected candidates shall be interviewed by the Selection Board;

| (e) | the list of the successful candidates in order of merit drawn up by the Selection Board shall be forwarded to the Chairman of the Management Board; |
| --- | --- |

(e)

the list of the successful candidates in order of merit drawn up by the Selection Board shall be forwarded to the Chairman of the Management Board;

| (f) | the Management Board shall select the successful candidate by majority decision. |
| --- | --- |

(f)

the Management Board shall select the successful candidate by majority decision.

Article 5

Recruitment of staff working for the Management Board Secretariat shall be carried out in accordance with Chapter 3 and Appendix 2 of the Staff Regulations, subject to the following special provisions:

| (a) | for the post of First Officer, a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the Secretary of the Management Board and two representatives of Member States, including the Presidency, the other being determined by the drawing of lots by the Management Board, one of whom shall serve as the Chairman of the Selection Board, and the Head of the Human Resources Unit, who shall act as the secretary of the Selection Board; the secretary of the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the selection procedure; |
| --- | --- |

(a)

for the post of First Officer, a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the Secretary of the Management Board and two representatives of Member States, including the Presidency, the other being determined by the drawing of lots by the Management Board, one of whom shall serve as the Chairman of the Selection Board, and the Head of the Human Resources Unit, who shall act as the secretary of the Selection Board; the secretary of the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the selection procedure;

| (b) | for any post below First Officer, a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the Secretary of the Management Board, who shall act as the Chairman of the Selection Board, and the Head of the Human Resources Unit, who shall act as the secretary of the Selection Board; the secretary of the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the selection procedure; furthermore the Presidency may, if it so wishes, assign a representative to serve as a member of the Selection Board; |
| --- | --- |

(b)

for any post below First Officer, a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the Secretary of the Management Board, who shall act as the Chairman of the Selection Board, and the Head of the Human Resources Unit, who shall act as the secretary of the Selection Board; the secretary of the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the selection procedure; furthermore the Presidency may, if it so wishes, assign a representative to serve as a member of the Selection Board;

| (c) | the advertisement shall be drawn up by the Selection Board; |
| --- | --- |

(c)

the advertisement shall be drawn up by the Selection Board;

| (d) | the test(s) shall be prepared exclusively by the members of the Selection Board, who shall interview all pre-selected candidates; |
| --- | --- |

(d)

the test(s) shall be prepared exclusively by the members of the Selection Board, who shall interview all pre-selected candidates;

| (e) | the list of the successful candidates in order of merit drawn up by the Selection Board shall be forwarded to the Chairman of the Management Board; |
| --- | --- |

(e)

the list of the successful candidates in order of merit drawn up by the Selection Board shall be forwarded to the Chairman of the Management Board;

| (f) | the Chairman of the Management Board shall select the successful candidate. |
| --- | --- |

(f)

the Chairman of the Management Board shall select the successful candidate.

CHAPTER 3

TERM OF OFFICE AND CONDITIONS OF ENGAGEMENT

Article 6

1.   The initial term of office of the Secretary of the Management Board shall be determined by the Management Board in accordance with Article 6 of the Staff Regulations. The contract may be renewed by the Management Board in accordance with Article 6 of the Staff Regulations.

2.   The initial term of office of staff working for the Management Board Secretariat shall be determined by the Chairman of the Management Board in accordance with Article 6 of the Staff Regulations. On the basis of advice from the Secretary of the Management Board, contracts may be renewed by decision of the Chairman of the Management Board in accordance with Article 6 of the Staff Regulations.

Article 7

The post of Secretary of the Management Board shall be deemed to correspond to that of a Head of Unit in accordance with Article 45 and Appendix 1 of the Staff Regulations.

Article 8

1.   The initial salary scale and the incremental point at which the Secretary of the Management Board shall be engaged shall be determined by the Management Board.

2.   In the case of the Secretary of the Management Board, all the periodical reports provided for in Chapter 3 of the Staff Regulations shall be made by the Chairman of the Management Board, who shall be assisted to that end by the Head of the Human Resources Unit and who shall also prepare the decision of the Management Board on the award of additional incremental points following every two years of service.

Article 9

1.   The initial salary scale and the incremental point at which staff working for the Management Board Secretariat shall be engaged shall be determined by the Chairman of the Management Board on a proposal from the Selection Board.

2.   In the case of staff working for the Management Board Secretariat, on the basis of advice from the Secretary of the Management Board, all the periodical reports provided for in Chapter 3 of the Staff Regulations shall be made by the Chairman of the Management Board, who shall also decide on the award of additional incremental points following every two years of service.

CHAPTER 4

TERMINATION OF SERVICE

Article 10

The service of the Secretary of the Management Board shall be terminated in accordance with Chapter 10 of the Staff Regulations, subject to the following special provisions:

| (a) | any decision to terminate the service of the Secretary of the Management Board shall be taken by the Management Board; |
| --- | --- |

(a)

any decision to terminate the service of the Secretary of the Management Board shall be taken by the Management Board;

| (b) | a decision to terminate the service of the Secretary of the Management Board on disciplinary grounds shall take into account the special provisions on disciplinary proceedings set out in Chapter 5 of this Appendix. |
| --- | --- |

(b)

a decision to terminate the service of the Secretary of the Management Board on disciplinary grounds shall take into account the special provisions on disciplinary proceedings set out in Chapter 5 of this Appendix.

Article 11

The service of staff working for the Management Board Secretariat shall be terminated in accordance with Chapter 10 of the Staff Regulations, subject to the following special provisions:

| (a) | any decision to terminate the service of staff working for the Management Board Secretariat shall be taken by the Chairman of the Management Board; |
| --- | --- |

(a)

any decision to terminate the service of staff working for the Management Board Secretariat shall be taken by the Chairman of the Management Board;

| (b) | a decision to terminate the service of staff working for the Management Board Secretariat on disciplinary grounds shall take into account the special provisions on disciplinary proceedings set out in Chapter 5 of this Appendix. |
| --- | --- |

(b)

a decision to terminate the service of staff working for the Management Board Secretariat on disciplinary grounds shall take into account the special provisions on disciplinary proceedings set out in Chapter 5 of this Appendix.

CHAPTER 5

DISCIPLINARY PROCEEDINGS

Article 12

Disciplinary proceedings against the Secretary of the Management Board shall be carried out in accordance with Chapter 8 and Appendix 7 of the Staff Regulations, subject to the following special provisions:

| (a) | a Disciplinary Board shall be set up by the Management Board, which shall consist of the Chairman of the Management Board, who shall serve as the Chairman of the Disciplinary Board, and of representatives of three Member States determined by the drawing of lots by the Management Board; the representatives shall be of a higher or comparable rank or level of seniority to the Secretary of the Management Board; they shall not at the same time be members of the Management Board; |
| --- | --- |

(a)

a Disciplinary Board shall be set up by the Management Board, which shall consist of the Chairman of the Management Board, who shall serve as the Chairman of the Disciplinary Board, and of representatives of three Member States determined by the drawing of lots by the Management Board; the representatives shall be of a higher or comparable rank or level of seniority to the Secretary of the Management Board; they shall not at the same time be members of the Management Board;

| (b) | a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacancies arise for other reasons, they shall be filled by the drawing of lots; |
| --- | --- |

(b)

a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacancies arise for other reasons, they shall be filled by the drawing of lots;

| (c) | the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs Unit if that is desired; |
| --- | --- |

(c)

the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs Unit if that is desired;

| (d) | the Management Board shall have the right to issue a written warning or a reprimand by majority decision without consulting the Disciplinary Board, on a proposal from the Chairman of the Management Board or one of its other members; the Secretary of the Management Board shall be informed thereof in writing, and shall be heard before any such action is taken; |
| --- | --- |

(d)

the Management Board shall have the right to issue a written warning or a reprimand by majority decision without consulting the Disciplinary Board, on a proposal from the Chairman of the Management Board or one of its other members; the Secretary of the Management Board shall be informed thereof in writing, and shall be heard before any such action is taken;

| (e) | other disciplinary measures shall be ordered by the Management Board by majority decision once the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations has been completed; that procedure shall be initiated by the Chairman of the Management Board, once he has heard the Secretary of the Management Board; |
| --- | --- |

(e)

other disciplinary measures shall be ordered by the Management Board by majority decision once the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations has been completed; that procedure shall be initiated by the Chairman of the Management Board, once he has heard the Secretary of the Management Board;

| (f) | the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide on a request for the removal of all references to disciplinary measures from the personal file provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the Management Board, who shall consult the members of the Management Board; |
| --- | --- |

(f)

the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide on a request for the removal of all references to disciplinary measures from the personal file provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the Management Board, who shall consult the members of the Management Board;

| (g) | a report shall be submitted to the Disciplinary Board by the Management Board, stating clearly the facts complained of and, where appropriate, the circumstances in which they arose; |
| --- | --- |

(g)

a report shall be submitted to the Disciplinary Board by the Management Board, stating clearly the facts complained of and, where appropriate, the circumstances in which they arose;

| (h) | at the first meeting of the Disciplinary Board, the members shall appoint one of their number to prepare a general report on the matter; |
| --- | --- |

(h)

at the first meeting of the Disciplinary Board, the members shall appoint one of their number to prepare a general report on the matter;

| (i) | the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be sent to the Secretary of the Management Board and to the Management Board, which shall take its decision by majority within one month of receiving the opinion, after hearing the Secretary of the Management Board; |
| --- | --- |

(i)

the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be sent to the Secretary of the Management Board and to the Management Board, which shall take its decision by majority within one month of receiving the opinion, after hearing the Secretary of the Management Board;

| (j) | where there are new facts which are supported by relevant evidence, the disciplinary procedure may be reopened by the Management Board on its own initiative or at the request of the Secretary of the Management Board. |
| --- | --- |

(j)

where there are new facts which are supported by relevant evidence, the disciplinary procedure may be reopened by the Management Board on its own initiative or at the request of the Secretary of the Management Board.

Article 13

Disciplinary proceedings against staff working for the Management Board Secretariat shall be carried out in accordance with Chapter 8 and Appendix 7 of the Staff Regulations, subject to the following special provisions:

| (a) | a Disciplinary Board shall be set up by the Management Board, which shall consist of three representatives of Member States determined by the drawing of lots by the Management Board; the representatives shall be of a higher or comparable rank or level of seniority to the member of staff working for the Management Board; they shall not at the same time be members of the Management Board; they shall agree that one of their number shall act as Chairman of the Disciplinary Board; |
| --- | --- |

(a)

a Disciplinary Board shall be set up by the Management Board, which shall consist of three representatives of Member States determined by the drawing of lots by the Management Board; the representatives shall be of a higher or comparable rank or level of seniority to the member of staff working for the Management Board; they shall not at the same time be members of the Management Board; they shall agree that one of their number shall act as Chairman of the Disciplinary Board;

| (b) | a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacancies arise for other reasons, they shall be filled by the drawing of lots; |
| --- | --- |

(b)

a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacancies arise for other reasons, they shall be filled by the drawing of lots;

| (c) | the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs Unit if that is desired; |
| --- | --- |

(c)

the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs Unit if that is desired;

| (d) | the Chairman of the Management Board shall have the right to issue a written warning or a reprimand without consulting the Disciplinary Board, on his own initiative or on a proposal from one of the members of the Management Board; the member of staff working for the Management Board Secretariat shall be informed thereof in writing, and shall be heard before any such action is taken; |
| --- | --- |

(d)

the Chairman of the Management Board shall have the right to issue a written warning or a reprimand without consulting the Disciplinary Board, on his own initiative or on a proposal from one of the members of the Management Board; the member of staff working for the Management Board Secretariat shall be informed thereof in writing, and shall be heard before any such action is taken;

| (e) | other disciplinary measures shall be ordered by the Chairman of the Management Board once the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations has been completed; that procedure shall be initiated by the Chairman of the Management Board, once he has heard the member of staff working for the Management Board Secretariat; |
| --- | --- |

(e)

other disciplinary measures shall be ordered by the Chairman of the Management Board once the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations has been completed; that procedure shall be initiated by the Chairman of the Management Board, once he has heard the member of staff working for the Management Board Secretariat;

| (f) | the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide on a request for the removal of all references to disciplinary measures from the personal file provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the Management Board; |
| --- | --- |

(f)

the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide on a request for the removal of all references to disciplinary measures from the personal file provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the Management Board;

| (g) | a report shall be submitted to the Disciplinary Board by the Chairman of the Management Board, stating clearly the facts complained of and, where appropriate, the circumstances in which they arose; |
| --- | --- |

(g)

a report shall be submitted to the Disciplinary Board by the Chairman of the Management Board, stating clearly the facts complained of and, where appropriate, the circumstances in which they arose;

| (h) | at the first meeting of the Disciplinary Board, the members shall appoint one of their number to prepare a general report on the matter; |
| --- | --- |

(h)

at the first meeting of the Disciplinary Board, the members shall appoint one of their number to prepare a general report on the matter;

| (i) | the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be sent to the member of staff working for the Management Board Secretariat and to the Chairman of the Management Board, who shall take his decision within one month of receiving the opinion, after hearing the official concerned; |
| --- | --- |

(i)

the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be sent to the member of staff working for the Management Board Secretariat and to the Chairman of the Management Board, who shall take his decision within one month of receiving the opinion, after hearing the official concerned;

| (j) | where there are new facts which are supported by relevant evidence, the disciplinary procedure may be reopened by the Chairman of the Management Board on his own initiative or at the request of the official concerned. |
| --- | --- |

(j)

where there are new facts which are supported by relevant evidence, the disciplinary procedure may be reopened by the Chairman of the Management Board on his own initiative or at the request of the official concerned.

CHAPTER 6

APPEALS

Article 14

1.   Complaints by the Secretary of the Management Board or a member of staff working for the Management Board Secretariat pursuant to Article 92(2) of the Staff Regulations shall be submitted to, and dealt with by, the authority which took the definitive decision in the matter.

2.   Appeals by the Secretary of the Management Board or a member of staff working for the Management Board Secretariat pursuant to Article 93 of the Staff Regulations shall lie only if the authority which took the definitive decision in the matter previously had a complaint submitted to it pursuant to paragraph 1 and that complaint was rejected by express decision or implicit decision. However, the person concerned may, after submitting a complaint pursuant to paragraph 1, immediately file an appeal with the Court of Justice of the European Communities, under the conditions laid down in Article 93(4) of the Staff Regulations.

CHAPTER 7

TRANSITIONAL PROVISIONS

Article 15

When decisions of the Management Board or contractual arrangements of a person occupying the post of Secretary of the Management Board or of a member of staff working for the Management Board Secretariat were made before the entry into force of this Appendix, such decisions or contractual arrangements shall continue to apply.’.

Article 2

This Act shall enter into force on the first day after that of its adoption.

Article 3

This Act shall be published in the Official Journal of the European Union.

Official Journal of the European Union

Done at Brussels,

For the Council

The President

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(1)  OJ C 316, 27.11.1995, p. 2. Convention as last amended by the Protocol of 27 November 2003 (OJ C 2, 6.1.2004, p. 1).

1

(2)  OJ C 26, 30.1.1999, p. 23. Act as last amended by the Council Decision of 12 October 2005 (OJ C 259, 19.10.2005, p. 1).

2

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