This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL ACT
of 3 December 1998
laying down the staff regulations applicable to Europol employees
(1999/C 26/07)
(OJ C 26, 30.1.1999, p. 23)
Amended by:
Official Journal
No page date
►M1 Council Decision 1999/C 364/01 of 2 December 1999 C 364 1 17.12.1999
►M2 Council Decision 1999/C 364/02 of 2 December 1999 C 364 3 17.12.1999
►M3 Council Act 2001/C 112/01 of 15 March 2001 C 112 1 12.4.2001
►M4 Council Decision 2001/C 112/02 of 15 March 2001 C 112 7 12.4.2001
►M5 Council Decision 2001/C 165/01 of 28 May 2001 C 165 1 8.6.2001
►M6 Council Decision 2002/C 150/02 of 13 June 2002 C 150 2 22.6.2002
►M7 Council Act 2003/C 24/01 of 19 December 2002 C 24 1 31.1.2003
►M8 Council Decision 2003/C 152/03 of 5 June 2003 C 152 7 28.6.2003
►M9 Council Act 2003/C 152/02 of 5 June 2003 C 152 2 28.6.2003
►M10 Council Decision 2004/C 114/03 of 29 April 2004 C 114 8 30.4.2004
►M11 Council Decision 2004/C 114/04 of 29 April 2004 C 114 10 30.4.2004
►M12 Council Act 2004/C 114/02 of 29 April 2004 C 114 7 30.4.2004
►M13 Council Decision 2005/C 259/01 of 12 October 2005 C 259 1 19.10.2005
►M14 Act 2006/C 68/01 of the Management Board of Europol of 29
September 2005C 68 1 21.3.2006
►M15 Council Decision 2006/519/EC of 24 July 2006 L 203 10 26.7.2006
►M16 Council Decision 2006/C 311/01 of 4 December 2006 C 311 1 19.12.2006
►M17 Council Decision 2006/C 311/03 of 4 December 2006 C 311 11 19.12.2006
►M18 Act 2007/32/EC of the Management Board of Europol of 29 November
2006L 8 66 13.1.20071999F0130 —EN—14.01.2007 —006.001 —1
▼B
COUNCIL ACT
of 3 December 1998
laying down the staff regulations applicable to Europol employees
(1999/C 26/07)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Convention based on Article K.3 of the Treaty on
European Union, on the establishment of a European Police Office(Europol Convention) (
1), and in particular Article 30(3) thereof,
Having regard to the opinion of the Management Board,
Whereas it is for the Council, acting unanimously, to lay down detailed
arrangements applicable to Europol employees,
HAS ADOPTED THE FOLLOWING STAFF REGULATIONS:1999F0130 —EN—14.01.2007 —006.001 —2
(1) OJ C 316, 27.11.1995, p. 1.
▼B
Staff Regulations applicable to Europol employees1999F0130 —EN—14.01.2007 —006.001 —3
▼B
CONTENTS
TITLE I: General provisions
TITLE II: Europol staff
Chapter 1: General provisionsChapter 2: Rights and obligationsChapter 3: Conditions of engagementChapter 4: Working conditionsChapter 5: Remuneration and expenses
Chapter 6: Social security benefits
Section A: Sickness and accident insurance, other benefitsSection B: Insurance against invalidity and deathSection C: Retirement pension and severance grantSection D: Funding of the invalidity and life assurance scheme
and of the pension scheme
Section E: Settlement of claimsSection F: Payment of benefitsSection G: Subrogation in favour of Europol
Chapter 7: Overpayments and underpaymentsChapter 8: Disciplinary measuresChapter 9: AppealsChapter 10: Termination of employment
TITLE III: Local staffTITEL IIIA: Officials serving in a third countryTITLE IV: Transitional provisions
TITLE V: Entry into force
LIST OF APPENDICES
Appendix 1 : Europol posts
Appendix 2 : Selection procedures
Appendix 3 : Compensatory leave and remuneration for overtime
Appendix 4 : Leave
Appendix 5 : Remuneration and reimbursement of expenses
Appendix 6 : Pension scheme
Appendix 7 : Composition and procedure of the Staff Committee,
the Invalidity Committee and the Disciplinary Board
Appendix 8 : ►
M7 Special provisions concerning the Director
and Deputy Directors ◄1999F0130 —EN—14.01.2007 —006.001 —4
▼B
TITLE I
GENERAL PROVISIONS
Article 1
1. These Staff Regulations shall apply to all employees engaged
under contract by Europol. Such employees shall be:
—Europol staff, consisting of staff engaged only from the competent
authorities as mentioned in Article 2(4) of the Europol Convention,and staff who may be engaged either from these authorities or fromoutside these authorities;
—local staff, where they are explicitly mentioned in these Staff Regu-
lations.
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M7
2. The Staff Regulations shall also apply to the Director and Deputy
Directors of Europol, without prejudice to the Europol Convention andas far as not otherwise provided in Appendix 8, which establishesspecial provisions concerning the Director and Deputy Directors.
▼
M16
3. The Staff Regulations shall also apply to the Financial Controllerand Assistant Financial Controller(s) of Europol and to staff working forthe Financial Controller's Office, without prejudice to the EuropolConvention or to the Europol Financial Regulation and as far as nototherwise provided in Appendix 10, which establishes special provisionsconcerning 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 theManagement Board Secretariat, without prejudice to the EuropolConvention and as far as not otherwise provided in Appendix 11,which establishes special provisions concerning the Secretary of theManagement Board and staff working for the Management Board Secre-tariat.
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B
Article 2
1. For the purposes of these Staff Regulations, ‘Europol staff ’means
staff engaged to fill a post which is included in the list of posts inAppendix 1, with the exception of posts marked as local staff.
For each of these posts it shall be established which can be filled only
by staff engaged from the competent authorities as mentioned in Article2(4) of the Europol Convention, and which posts can be filled by otherstaff as well.
Staff recruited to a post which can be filled only by staff engaged from
the competent authorities, may be offered a temporary contract for that
post only, in accordance with Article 6.
2. Posts shall be evaluated by Europol, subject to the approval of the
Management Board of Europol, according to the nature and importanceof the tasks connected with them as well as taking into consideration therequired level of skills and relevant experience.
Each year, the number and rank of posts will be laid down in an
Appendix to the budget.
Article 3
For the purposes of these Staff Regulations, ‘local staff ’means staff
engaged according to local law for manual or service duties, assigned toa post marked as such in the list of posts in Appendix 1.1999F0130 —EN—14.01.2007 —006.001 —5
▼B
Article 4
Within Europol, a Staff Committee shall be set up to perform the
functions assigned to it by these Staff Regulations. The compositionand procedure of the Staff Committee shall be as established inAppendix 7.
All officials shall be entitled to vote in elections and stand for election
to the Staff Committee.
Article 5
Officials shall be entitled to exercise the right of association; they may
in particular be members of staff associations.
TITLE II
EUROPOL STAFF
CHAPTER 1
GENERAL PROVISIONS
▼M16
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 isnot subject to that restriction, shall initially be engaged for a fixedperiod 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 thannine years.
Only staff recruited to a post not restricted to staff engaged from the
competent authorities referred to in Article 2(4) of the EuropolConvention may be engaged for an indefinite period after serving twocontracts for a fixed period consistently to a highly satisfactory standardfor 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 ofindefinite duration. The Management Board may fix ceilings for thetotal number of such contracts to be granted.
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B
Article 7
1. The Director shall, acting solely in the interests of the service,
without regard to nationality, and without prejudice to Article 24(1),
assign each official by appointment to a post. An official may apply for
a transfer within Europol.
2. An official may be called upon to occupy temporarily a post in a
higher salary scale than his substantive salary scale. From the beginningof the fourth month of such temporary posting, he shall receive adifferential allowance equal to the difference between the remunerationcarried by his substantive scale and incremental point, and the remu-neration he would receive in respect of the incremental point at whichhe would be classified in the salary scale of his temporary posting.
Article 8
1. The salary scale and incremental point at which Europol staff are
engaged shall be stated in their contract.1999F0130 —EN—14.01.2007 —006.001 —6
▼B
2. Assignment of Europol staff to a post carrying a higher salary
scale than that at which they were engaged shall be recorded in anagreement supplementary to their contract.
CHAPTER 2
RIGHTS AND OBLIGATIONS
Article 9
An official shall carry out his duties for Europol and conduct himself
solely with the interests of Europol in mind; he shall neither seek nortake instructions from any government, authority, organisation or personoutside Europol, in accordance with Article 30(1) of the Europol
Convention.
An official shall not, without the permission of the Director, accept from
any government or from any other source outside Europol any honour,decoration, favour, gift or payment of any kind whatever, except forservices rendered either before his appointment or during special leavefor military or other national service and in respect of such service.
Article 10
An official shall be bound by the provisions on discretion and confi-
dentiality as established by Articles 31 and 32 of the EuropolConvention, and any regulations based thereon.
An official wishing to engage in an outside activity, whether gainful or
not, or to carry out any assignment outside Europol shall obtainpermission from the Director. Permission shall be refused if theactivity or assignment is such as to impair the official's independenceor to be detrimental to the work of Europol.
Article 11
An official of Europol shall conduct his private life so as not to interfere
with his official duties or bring discredit upon Europol.
Article 12
Any official who in the performance of his duties is called upon to
decide on a matter in the handling or outcome of which he has apersonal interest shall inform the Director.
Article 13
An official who is a candidate for elective public office shall apply for
leave on personal grounds for a period not exceeding three months.
The Director shall consider the case of any official elected to such
office. The Director shall, having regard to the importance of theoffice and the duties it entails for the holder, decide whether theofficial should continue in active employment or should apply forleave on personal grounds. In the latter case, the duration of the leaveshall be equal to the term for which the official has been elected. If theperson concerned holds a contract for a fixed period, the duration ofleave shall be limited to the remainder of the term of the contract.
Article 14
An official shall not, whether alone or together with others, publish or
cause to be published without the permission of the Director, any matterdealing with the work of Europol. Permission shall be refused only1999F0130 —EN—14.01.2007 —006.001 —7
▼B
where the proposed publication is liable to prejudice the interests of
Europol.
Article 15
All rights in any writings or other work done by any official in the
performance of his duties shall be the property of Europol.
Article 16
An official shall reside either in the place where he is employed or at a
distance therefrom no greater than is compatible with the properperformance of his duties.
Article 17
An official, whatever his rank, shall assist and tender advice to his
superiors; he shall be responsible for the performance of the dutiesassigned to him.
An official in charge of any branch of the service shall be responsible to
his superiors in respect of the authority conferred on him and for thecarrying out of instructions given by him. The responsibility of his
subordinates shall in no way release him from his own responsibility.
An official who receives instructions which he considers to be irregular
or likely to give rise to serious difficulties shall inform his immediatesuperior thereof, if necessary in writing. If the official then receiveswritten confirmation of his instructions from his superior, he shallcarry them out unless they constitute a breach of criminal law or ofthe relevant safety standards. He may also submit a request for decisionon the issue to the Director, in accordance with Article 22.
An official who is charged with a criminal offence shall immediately
inform the Director.
Article 18
An official may be required to make good, in whole or in part, any
damage suffered by Europol as a result of serious misconduct on his
part in the course of or in connection with the performance of his duties.
A reasoned decision shall be given by the Director in accordance with
the procedure referred to in Article 96.
The Court of Justice of the European Communities shall have unlimited
jurisdiction in disputes arising under this provision.
Article 19
The privileges and immunities enjoyed by officials shall be accorded
solely in the interests of Europol. Subject to the HeadquartersAgreement and the Protocol on Privileges and Immunities, officialsshall not be exempt from fulfilling their private obligations or fromcomplying with the laws and police regulations in force.
When privileges and immunities are in dispute, the official concerned
shall immediately inform the Director.
Article 20
Europol shall assist any official, in particular in proceedings against any
person perpetrating threats, insulting or defamatory acts or utterances, orany attack on person or property to which he or a member of his familyis subjected by reason of his position or duties.1999F0130 —EN—14.01.2007 —006.001 —8
▼B
Europol shall compensate the official for damage suffered in such cases,
insofar as the official did not either intentionally or through gravenegligence cause the damage and has been unable to obtain compen-sation from the person who did cause it.
Article 21
Europol shall promote such further training and instruction for officials
as is compatible with the proper functioning of the service and is inaccordance with its own interests.
Such training and instruction shall be taken into account for purposes of
promotion.
Article 22
Officials may submit requests to the Director of Europol.
Any decision relating to a specific individual which is taken under these
Staff Regulations shall at once be communicated in writing to theofficial concerned. Any decision adversely affecting an official shallstate the grounds on which it is based.
Article 23
The personal file of an official shall contain:
(a) all documents concerning his status and all reports relating to his
ability, efficiency and conduct;
(b) any comments by the official on such documents.
Documents shall be registered, numbered and filed in serial order; the
documents referred to in (a) may not be used or cited by Europolagainst an official unless they were communicated to him before theywere filed.
A document shall be deemed to have been communicated to an official
where the official's signature has been obtained, or failing that, thedocument has been sent to him by registered letter.
There shall be only one personal file for each official. An official shall
have the right, even after leaving the service, to acquaint himself withall the documents in his file.
The personal file shall be confidential and may be consulted only in the
offices of the administration. It shall, however, be forwarded to theCourt of Justice of the European Communities if an action concerningthe official is brought before the Court.
Acting on a proposal of the Director, submitted after consultation with
the Staff Committee, the Management Board shall lay down detailed
rules on the management, content and access to the personal file, takingaccount of the principles established in the Council of EuropeConvention of 28 January 1981.
CHAPTER 3
CONDITIONS OF ENGAGEMENT
Article 24
1. Engagement of Europol staff shall be directed to securing for the
institution the services of persons of the highest standard of ability,efficiency and integrity. In selecting Europol staff, in addition tohaving regard to personal suitability and professional qualifications,account shall be taken of the need to ensure the adequate representation1999F0130 —EN—14.01.2007 —006.001 —9
▼B
of nationals of all Member States and of the official languages of the
European Union. Europol is committed to a policy of equal opportunity.
2. A member of the Europol staff may be engaged only in
accordance with Article 2(1), and on condition that:
(a) he is a national of one of the Member States of the European
Union, and enjoys his full rights as a citizen;
(b) he has fulfilled any obligations imposed on him by the laws
concerning military service;
(c) he produces the appropriate character references as to his suitability
for the performance of his duties;
(d) he is physically fit to perform his duties, and
(e) he produces evidence of a thorough knowledge of one of the
official languages of the European Union and of a satisfactoryknowledge of another such language to the extent necessary forthe performance of his duties.
3. A candidate for a Europol post may, before he can be appointed to
the post, be subject to a prior national approval procedure to ensure that
his posting will be in conformity with national provisions forsecondment, special leave or temporary outplacement. The MemberState concerned shall define the details of this procedure.►
M3 Europol may, at the request of a Member State, agree bilateral
arrangements with that Member State on the administrative cooperationin such procedures. ◄
4. The selection procedures to be followed in engaging Europol staff
shall be as laid down in Appendix 2 to these Staff Regulations.
▼
M3
Article 25
Before the end of the first month of the probationary period and on
renewal of his/her contract, a member of the Europol staff shall bemedically examined by a medical officer appointed by Europol inorder that Europol may be satisfied that he/she fulfils or continues tofulfil the requirements of Article 24(2)(d).
The opportunity to undergo the medical examination before taking up
the Europol contract shall be offered to candidates provided they makethemselves available at their own expense.
Where a negative medical opinion is given as a result of the medical
examination provided for in the first subparagraph, the candidate may,
within 20 days of being notified of this opinion by Europol, request that
his/her case be submitted for final decision to the Invalidity Committee.The medical officer responsible for the initial negative medical opinionshall be heard by the Invalidity Committee. The candidate may refer theopinion of a doctor of his/her choice to the Invalidity Committee.
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B
Article 26
A member of the Europol staff may be required to serve a probationary
period not exceeding six months. A probationary period may not bestipulated when a contract is renewed in accordance with Article 6.
Where during his probationary period a member of the Europol staff is
prevented, by sickness or accident, from performing his duties for onemonth or more, the Director may extend his probationary period by thecorresponding length of time.
Not less than one month before the expiry of the probationary period, a
report shall be made on the ability of the member of the Europol staff toperform the duties pertaining to his post and also on his conduct and1999F0130 —EN—14.01.2007 —006.001 —10
▼B
efficiency in the service. This report shall be communicated to the
person concerned, who shall have the right to submit his commentsin writing. A member of the Europol staff whose performance has notproved adequate to justify retention in his post shall be dismissed.
A report on the probationary member of the Europol staff may be made
at any time during the probationary period if his performance isobviously proving inadequate. The report shall be communicated tothe person concerned, who shall have the right to submit hiscomments in writing. On the basis of the report, the Director maydecide to dismiss the member of the Europol staff before the end ofthe probationary period by giving him one month's notice; the period ofservice may not, however, exceed the normal probationary period.
A probationary member of the Europol staff who is dismissed shall be
entitled to compensation equal to one third of his basic salary per monthof probation completed.
Article 27
▼
M3
Europol staff shall be engaged at the first incremental point of the salaryscale determined for the post. However, the Director may, takingaccount of the conditions on the labour market in respect of the postconcerned, or the training and special experience of the successfulcandidate for the post, decide to place the successful candidate up tothe fifth incremental point of the appropriate salary scale.
▼
B
Where a contract held by an official is renewed, and the official is
appointed in the same salary scale he held under his previouscontract, he shall at least retain the incremental point acquired underhis first contract. If the official is appointed to a higher salary scale, he
shall be put on the next highest incremental point in that salary scale.
Article 28
The ability, efficiency and conduct in the service of each official, with
the exception of the Director and Deputy Directors, shall be the subjectof a periodical report made at least once every year.
The report shall be communicated to the official. He shall be entitled to
make any comments thereon which he considers relevant.
►
M3 Europol may, at the request of a Member State, agree bilateral
arrangements with that Member State on the administrative cooperationin assessment procedures. ◄
Article 29
The Director may award a maximum of two incremental points every
two years, on the basis of an assessment, taking into account theperformance of the official concerned. Teaching duties under thefurther training and instruction scheme provided for in Article 21,shall be taken into account of this assessment. Further details on theassessment procedure shall be laid down by the Management Board,acting on a proposal from the Director, submitted after consulting theStaff Committee.
Where an increment is not awarded for reasons of inefficiency of the
official concerned, the official may apply for a review of this decisionsix months after it was taken.1999F0130 —EN—14.01.2007 —006.001 —11
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CHAPTER 4
WORKING CONDITIONS
Article 30
Officials in active employment shall at all times be at the disposal of
Europol.
However, the normal working week shall be 40 hours, the hours of the
working day to be determined by the Director. Within the same limitsthe Director may, after consulting the Staff Committee, determine thehours and pattern to be worked by certain groups of officials engagedon particular duties.
An official may, moreover, be required because of the exigencies of the
service or safety rules to remain on standby duty at his place of work orat home outside normal working hours. Europol shall lay down detailedrules for the application of this paragraph after consulting the StaffCommittee.
Article 31
The Director may, on receipt of an application setting out the reasons
therefor, authorise an official to work part-time. Such authorisation shallbe refused if he considers that authorisation for part-time work would bedetrimental to the interests of Europol.
An official authorised to work part-time shall in each month, in the
manner provided for by the Director, work the proportion of thenormal working time agreed upon.
Article 32
The authorisation referred to in Article 31 shall be granted on appli-
cation by the official for a maximum of one year. The authorisationmay, however, be renewed on the same conditions. An application forrenewal shall be made by the official at least one month before theexpiry of the period for which the authorisation was granted.
If the reasons for which the authorisation was granted no longer apply,
the Director may withdraw the authorisation before expiry of the periodfor which it was granted, giving one month's notice.
The Director may likewise withdraw the authorisation if the official
concerned so requests.
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M3
The official shall be entitled, during the period for which he is
authorised to work part-time, to the corresponding percentage of hisremuneration. He/she shall, however, continue to receive the fulldependent-child allowance and the full education allowance. Contri-
butions to the sickness insurance scheme, the insurance scheme for
accident and occupational disease, the unemployment fund and thepension scheme shall be calculated by reference to the total basicsalary the official would have received had he/she worked full-time.
▼
B
The annual leave of an official who is authorised to work part-time
shall, for as long as he is so authorised, be reduced pro rata .
Portions of days to be deducted shall be disregarded.
Article 33
An official may not be required to work overtime except in cases of
urgency or exceptional pressure of work; night work and all work onSundays or public holidays may be authorised only in accordance with1999F0130 —EN—14.01.2007 —006.001 —12
▼B
the procedure laid down by the Director. The total overtime which an
official may be asked to work shall not exceed 150 hours in any sixmonths. This figure may be derogated from by decision of the Director,after consulting the Staff Committee, depending on whether compen-sation is given by way of remuneration or compensatory leave.
As provided for in Appendix 3, overtime worked by officials shall
entitle them either to compensatory leave or to remuneration wherethe requirements of the service do not allow compensatory leaveduring the two months following that in which the overtime wasworked.
Article 34
An official who is regularly expected to work at night, on Saturdays,
Sundays or public holidays, shall be entitled to special allowances whendoing shift-work which is required by Europol because of the exigenciesof the service or safety rules and which is regarded by it as a regularand permanent feature.
Acting on a proposal from the Director submitted after consulting the
Staff Committee, the Management Board shall determine the categoriesof officials entitled to such allowances, and the rates and conditionsthereof.
The normal working hours of an official on shiftwork must not exceed
the annual total of normal working hours.
Article 35
An official shall be entitled to special compensation when required to
remain on standby duty outside normal working hours in accordancewith a decision taken by the Director because of the exigencies of theservice or safety rules.
Acting on a proposal from the Director submitted after consulting the
Staff Committee, the Management Board shall determine the categoriesof officials entitled to such compensation, and the rates and conditionsthereof.
Article 36
Officials shall be entitled to annual leave of 30 working days per
calendar year.
Apart from this annual leave an official may, exceptionally on appli-
cation, be granted special leave. The rules relating to such leave are laid
down in Appendix 4.
Article 37
Pregnant women shall, in addition to the leave provided for in Article
36, be entitled on production of a medical certificate to maternity leavenot starting earlier than six weeks before the expected date ofconfinement shown in the certificate and ending 10 weeks after thedate of confinement; however, such leave shall in no case be for lessthan 16 weeks regardless of the date of commencement.
The maternity leave must include compulsory maternity leave of at least
two weeks before and after the date of confinement.
Such pregnant women shall be entitled to take time off, without loss of
pay, in order to attend pre-natal examinations, if such examinationshave to take place during working hours.1999F0130 —EN—14.01.2007 —006.001 —13
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Article 38
1. An official who provides evidence of incapacity to perform his
duties because of sickness or accident shall automatically be entitled tosick leave. The sick leave shall not exceed three months or the timeworked by the official, whichever is the longer. The leave shall notextend beyond the term of his contract.
The official concerned shall notify Europol of his incapacity as soon as
possible and at the same time state his current address. He may then berequired to undergo a medical examination arranged by Europol.
The Director may refer to the Invalidity Committee the case of any
official whose sick leave totals more than 12 months in any period ofthree years.
2. An official may be required to take leave after examination by a
medical officer appointed by Europol if his state of health so requires orif a member of his household is suffering from a contagious disease.
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3. On expiry of the time limits mentioned in paragraph 1, the case of
an official whose contract is not terminated, despite being unable toresume his/her duties, shall be put to the Invalidity Committee foradvice. He/she shall continue to receive his/her full remunerationthroughout the period during which he/she is incapable of workinguntil such time as the Director has decided to award an invalidity
pension under Article 65 or terminate his/her contract.
▼
B
Article 39
Except in case of sickness or accident, an official may not be absent
without prior permission from his immediate superior. Notwithstandingany disciplinary measures that may apply, any unauthorised absencewhich is duly established shall be deducted from the annual leave ofthe official concerned.
Article 40
A list of public holidays shall be established by the Management Board,
acting on a proposal from the Director submitted after consulting theStaff Committee.
Article 41
In exceptional circumstances a member of the Europol staff may at his
own request be granted unpaid leave on compelling personal grounds.The Director shall determine the length of such leave, which shall not
exceed one quarter of the length of time already worked by the official
and in any event not more than:
—three months if the official's seniority is less than four years,
—six months in all other cases.
While a member of the Europol staff is on unpaid leave his membership
of the social security scheme provided for in Article 56 shall besuspended.
However, a member of the Europol staff who provides evidence that he
cannot be covered by any other public scheme of insurance against therisks referred to in Article 56 may, not later than one month followingthat in which unpaid leave begins, apply to continue to be covered inaccordance with that Article, provided that he bears half the cost of thecontributions required to cover the risks referred to in Article 56 for theduration of his leave; the contribution shall be calculated by reference tohis last basic salary.1999F0130 —EN—14.01.2007 —006.001 —14
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Moreover, a member of the Europol staff who proves that he cannot
acquire pension rights under another pension scheme may apply tocontinue to acquire further pension rights throughout the period ofunpaid leave, provided that he bears the cost of a contribution equalto three times the rate laid down in Article 78; the contributions shall becalculated by reference to the basic salary for his scale and incrementalpoint.
Article 42
A member of the Europol staff who is called up for military service,
alternative service or reserve training or who is recalled to serve in thearmed forces shall be assigned leave for national service; for Europolstaff engaged for a fixed period such leave may in no circumstancesexceed the duration of the contract.
A member of the Europol staff who is called up for military service or
alternative service shall cease to receive his remuneration. He shallretain his right to retirement pension if, after completing his militaryservice or alternative service, he pays off his pension contributionsretroactively.
A member of the Europol staff who is called up for reserve training or
who is recalled to service in the armed forces shall, during the period oftraining or recall, continue to receive his remuneration subject todeduction of an amount equal to his service pay.
CHAPTER 5
REMUNERATION AND EXPENSES
▼M9
Article 43
1. The remuneration of Europol staff shall comprise basic salary,
family allowances and, if appropriate, other allowances. It shall bepaid in euro in the Netherlands.
2. Notwithstanding paragraph 1, the official, who is transferred by a
decision of the Director to a place of employment other than the Neth-erlands, may choose to have his salary paid in the currency of thecountry where he performs his duties. In that case, the remuneration,excluding any education allowances pursuant to the first subparagraph
of Article 3(1), and Article 3(2) of Appendix 5, shall be weighted, after
the compulsory deductions set out in these Staff Regulations or in anyimplementing regulations, and shall be calculated on the basis of thecorresponding exchange rate. In duly substantiated exceptional cases,the Director may make all or part of this payment in a currency otherthan that of the country of employment in such a way as to maintainpurchasing power.
3. The weighting applicable shall be calculated at a rate above, below
or equal to 100 %, as decided by the Director, reflecting the most recentweightings adopted by the Council pursuant to Article 64 of the StaffRegulations applicable to officials and other servants of the European
Communities compared to the weighting applicable in the Netherlands,
as they may be amended. The Director shall promptly inform theManagement Board of Europol of any decision taken under thisparagraph. Where however, in the case of a given country, thevariation in the cost of living measured on the basis of the weightingand the corresponding exchange rate is found to have exceeded 5 %since the last adjustment, the Director shall decide on interim measuresfor adjusting the weighting and shall inform the Management Boardthereof as soon as possible.1999F0130 —EN—14.01.2007 —006.001 —15
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Article 44
▼M3
The Management Board shall each year review the remuneration of the
officials of Europol. During this review the Management Board shallconsider whether, as a consequence of changes in the cost of living inthe Netherlands, the remuneration should be adjusted. Particular accountshould be taken of any changes in salaries in the public service in theMember States and the needs of recruitment to Europol.
▼
B
On the basis of the yearly review of the remuneration, the basic salariesand allowances may be adjusted. This decision shall be taken by theCouncil unanimously in accordance with the procedure of Title VI ofthe Treaty on European Union, based on the proposal of theManagement Board.
Article 45
Basic monthly salaries are determined in ►
M2 euros◄for each
salary scale and incremental point as provided for in the following table:
▼M17
1 2 3 4 56789 1 0 1 1
1 14 913,23
2 13 391,45
3 9 191,42 9 428,81 9 666,21 9 921,87 10 177,53 10 445,33 10 711,93 10 993,18 11 276,23 11 574,50 11 869,70
4 8 004,43 8 217,49 8 427,50 8 649,67 8 871,85 9 106,19 9 337,50 9 584,04 9 830,54 10 089,26 10 347,965 6 595,30 6 768,77 6 939,20 7 121,82 7 304,44 7 499,22 7 690,96 7 894,88 8 095,75 8 308,79 8 521,856 5 651,83 5 800,93 5 950,08 6 108,34 6 263,55 6 427,91 6 592,26 6 765,74 6 939,20 7 121,82 7 304,447 4 711,36 4 836,15 4 957,88 5 088,76 5 219,62 5 356,59 5 493,54 5 639,64 5 782,68 5 934,86 6 087,038 4 005,27 4 111,79 4 215,26 4 327,88 4 437,43 4 553,10 4 668,75 4 793,55 4 915,28 5 046,15 5 173,969 3 530,48 3 624,82 3 719,19 3 816,55 3 913,96 4 017,44 4 120,92 4 230,48 4 337,04 4 452,67 4 565,28
10 3 061,78 3 143,97 3 223,08 3 308,29 3 390,48 3 481,78 3 573,08 3 667,43 3 758,73 3 859,18 3 956,57
11 2 967,44 3 046,57 3 122,64 3 204,83 3 286,99 3 375,25 3 460,48 3 551,78 3 643,09 3 740,50 3 834,8112 2 355,70 2 419,58 2 480,44 2 544,38 2 608,30 2 678,29 2 748,30 2 821,34 2 891,33 2 967,44 3 043,5213 2 023,93 2 078,72 2 130,46 2 188,30 2 243,08 2 303,94 2 361,77 2 425,67 2 486,57 2 553,52 2 617,42
▼B
Article 46
1. Family allowances shall comprise:
(a) household allowance;
(b) dependent child allowance;
(c) education allowance.
2. Officials in receipt of family allowances specified in this Article
shall declare allowances of like nature paid from other sources; suchlatter allowances shall be deducted from those paid under Articles 1, 2and 3 of Appendix 5.1999F0130 —EN—14.01.2007 —006.001 —16
▼B
3. The dependent child allowance may be doubled by special
reasoned decision of the Director based on medical documents estab-lishing that the child concerned is suffering from a mental or physicalhandicap which involves the official in heavy expenditure.
4. Where, by virtue of Articles 1, 2 and 3 of Appendix 5, such
family allowances are paid to a person other than the official, para-graphs 2 and 3 of this Article shall apply to such a person.
Article 47
The expatriation allowance shall be a fixed allowance to which the
official is entitled for the duration of his fixed term contract(s), estab-lished per category of posts as laid down in Appendix 5. After thisperiod, this allowance shall be reduced by 10 % of the initial allowanceannually.
Article 48
In the event of an official's death, the surviving spouse or dependent
children shall receive the deceased's full remuneration until the end ofthe third month after the month in which the death occurred.
The period mentioned above shall be extended to 12 months in the case
where the official died as a consequence of one of the acts mentionedunder the second subparagraph of Article 65(1).
In the event of the death of a person entitled to a pension, the above
provisions shall apply in respect of the deceased's pension.
Article 49
Family allowances, expatriation allowance, and other fixed allowances,
shall be as established in Appendix 5.
Article 50
Subject to Articles 51 to 54 an official shall be entitled, in accordance
with Appendix 5, to reimbursement of reasonable expenses incurred by
him on taking up appointment, transfer or leaving the service, and alsoto reimbursement of reasonable expenses incurred in the course of or inconnection with the performance of his duties.
Article 51
A member of the Europol staff shall, as provided for in Appendix 5, be
entitled to reimbursement of his removal expenses. This reimbursementshall also be granted when the contract is terminated during the proba-tionary period, except where this termionation was due to conductdeemed improper for a member of the Europol staff.
Article 52
A rent allowance shall be payable as provided for in Appendix 5.
Article 53
Reasonable expenses incurred by an official on taking up an
appointment with Europol shall be reimbursed in accordance with theterms laid down in Appendix 5.1999F0130 —EN—14.01.2007 —006.001 —17
▼B
Article 54
Payment of travel expenses from place of employment to place of
origin, shall be as provided for in Appendix 5.
Article 55
1. Payment of remuneration to officials shall be made on the 15th
day of each month for the month then current. The amount of remu-
neration shall be rounded up to the nearest whole monetary unit.
2. Where remuneration is not due in respect of a complete month, the
amount shall be divided into thirtieths, and
(a) where the actual number of days payable is 15 or less, the number
of thirtieths due shall equal the actual number of days payable;
(b) where the actual number of days payable is more than 15, the
number of thirtieths due shall equal the difference between the
actual number of days not payable and 30.
3. Where entitlement to family allowances and expatriation
allowances commences after the date of entering the service, theofficial shall receive these from the first day of the month in whichsuch entitlement commences. On cessation of such entitlements, theofficial shall receive the sum due up to the last day of the month in
which entitlement ceases.
CHAPTER 6
SOCIAL SECURITY BENEFITS
Section A
Sickness and accident insurance, other benefits
Article 56
1. An official, his spouse, where such spouse is not eligible for
benefits of the same nature and of the same level by virtue of anyother legal provision or regulations, his children and other dependants
within the meaning of Article 2 of Appendix 5 are insured against
sickness up to 80 % of the expenditure incurred subject to rulesdrawn up by the Management Board, acting on a proposal from theDirector, submitted after consulting the Staff committee. This rate shallbe increased to 85 % for the following services: consultations and visits,surgical operations, hospitalisation, pharmaceutical products, radiology,analyses, laboratory tests and prostheses on medical prescription withthe exception of dental prostheses. It shall be increased to 100 % incases of tuberculosis, poliomyelitis, cancer, mental illness and otherillnesses recognised by the Director as of comparable seriousness, andfor early detection screening and in cases of confinement. However,reimbursement at 100 % shall not apply in the case of occupationaldisease or accident having given rise to the application of Article 57.
One third of the contribution required to meet such insurance cover
shall be charged to the official but so that the amount charged to himshall not exceed 2 % of his basic salary.
2. An official whose service terminates and who provides evidence
that he cannot be covered by any other public scheme of sicknessinsurance may, not later than one month following that in which hisservice terminates apply to continue, for a maximum of six months aftertermination of service, to be insured against sickness as provided for inparagraph 1. The contribution referred to in the previous paragraph shallbe calculated by reference to the last basic salary received by theofficial, half the contribution being borne by him.1999F0130 —EN—14.01.2007 —006.001 —18
▼B
By decision of the Director taken after consulting a medical officer
appointed by Europol, the period of one month for making applicationand the six months' limit specified in the preceding subparagraph shallnot apply where the person concerned is suffering from a serious orprotracted illness which he contracted before leaving the service and ofwhich he notified the institution before the end of the six months' periodspecified in the preceding subparagraph, provided that the personconcerned undergoes a medical examination arranged by Europol.
3. Where the ex-spouse of an official, a child who ceases to be an
official's dependant or a person who ceases to be treated as a dependentchild within the meaning of Article 2 of Appendix 5 can provideevidence that they cannot be covered by any other public scheme ofsickness insurance, they may continue for a maximum of one year to beinsured against sickness as provided for in paragraph 1, in their capacity
as insured persons covered under that official's insurance; this cover
shall not give rise to the levy of a contribution. This one-year periodshall commence on the date of the decree absolute of divorce or of theloss of status of dependent child or of person treated as a dependentchild.
4. An official who has remained in the service of Europol until the
age of 62 years or who is in receipt of an invalidity pension shall be
entitled to the benefits provided for in paragraph 1 after he has left theservice. The amount of contribution shall be calculated by reference tothe amount of pension.
Those benefits shall also apply to the person entitled to survivor's
pension following the death of an official who was in active
employment or who remained in the service of Europol until the age
of 62 years, or the death of a person entitled to an invalidity pension.The amount of contribution shall be calculated by reference to theamount of his pension.
5. The following shall likewise be entitled to the benefits provided
for in paragraph 1, provided that they cannot obtain cover under any
other public scheme of sickness insurance:
(a) former officials entitled to retirement pensions who left the service
of Europol before the age of 62 years;
(b) persons entitled to survivor's pension as a result of the death of a
former official who left the service of Europol before the age of 62years.
The contribution referred to in paragraph 1 shall be calculated by
reference to the pension of a former official, half the contributionbeing borne by the person entitled. However, a person entitled toorphan's pension shall not be entitled to the benefits provided for inparagraph 1, except on request. The contribution shall be calculated byreference to the orphan's pension.
6. Where the total expenditure not reimbursed for any period of 12
months exceeds half the official's basic monthly salary or pension,special reimbursement shall be allowed by the Director, account beingtaken of the family circumstances of the person concerned, in themanner provided for in the rules referred to in paragraph 1.
7. Persons entitled to the foregoing benefits shall declare the amount
of any reimbursements paid or which they can claim under any othersickness insurance scheme provided for by law or regulation for them-selves or for persons covered by their insurance.
Where the total which they would receive by way of reimbursement
exceeds the sum of the reimbursements provided for in paragraph 1, thedifference shall be deducted from the amount to be reimbursed pursuantto paragraph 1, with the exception of reimbursements obtained under aprivate supplementary sickness insurance scheme covering that part ofthe expenditure which is not reimbursable by the sickness insurancescheme of Europol.1999F0130 —EN—14.01.2007 —006.001 —19
▼M12
8. Europol may, after consulting the Staff Committee, take out an
additional sickness insurance which shall be compulsory for all officials.The full contribution required to meet this additional insurance covershall be charged to the official.
▼
B
Article 57
1. An official is insured, from the date of his entering the service,
against the risk of occupational disease and of accident subject to rulesdrawn up by the Management Board after consulting the StaffCommittee. He shall contribute to the cost of insuring against non-occupational risks up to 0,1 % of his basic salary. Such rules shallspecify which risks are not covered.
2. The benefits payable shall be as follows:
(a) in the event of death:
Payment to the persons listed below of a lump sum equal to five
times the deceased's annual basic salary calculated by reference tothe monthly amounts of salary received during the 12 months beforethe accident:
—to the deceased official's spouse and children in accordance with
the law of succession governing the official's estate; the amountpayable to the spouse shall not, however, be less than 25 % of
the lump sum,
—where there are no persons of the category above, to the other
descendants in accordance with the law of succession governingthe official's estate,
—where there are no persons of either of the two categories above,
to the relatives in the ascending line in accordance with the lawof succession governing the official's estate,
—where there are no persons of any of the three categories above,
to Europol;
(b) in the event of total permanent invalidity:
Payment to the official of a lump sum equal to eight times his
annual basic salary calculated on the basis of the monthlyamounts of salary received during the 12 months before theaccident;
(c) in the event of partial permanent invalidity:
Payment to the official of a proportion of the sum provided for in
(b), calculated by reference to the scale laid down in the rulesreferred to in paragraph 1.
The benefits listed above may be paid in addition to the benefits
provided for under the pension scheme.
3. The following shall also be covered in manner provided for in the
rules referred to in paragraph 1: medical, pharmaceutical, hospital,surgical, prosthesis, radiography, massage, orthopaedic, clinical andtransport expenses and any other similar expenditure incurred as a
result of the accident or occupational disease.
Reimbursement shall, however, only be made where the amount paid to
the official under Article 56 does not fully cover the expenditureincurred.
Article 58
Articles 56 and 57 shall apply during the period of employment, during
sick leave and during the periods of unpaid leave referred to in Articles38 and 41 in accordance with conditions laid down therein.1999F0130 —EN—14.01.2007 —006.001 —20
▼B
Article 56 shall apply to Europol staff in receipt of invalidity pension, to
recipients of a survivor's pension and to staff who are in receipt of aretirement pension.
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▼B
Article 59
1. A former member of the Europol staff who is unemployed when
his service with Europol has been terminated:
—who is not in receipt of a retirement or invalidity pension from
Europol,
—whose service is not terminated by resignation, by cancellation of
the contract for disciplinary reasons, or during the period of
probation,
—who has completed a minimum of six months' service,
—and who is resident in a Member State of the European Union,
shall be eligible for a monthly unemployment allowance under the
conditions laid down below.
Where he is entitled to unemployment benefits under a national scheme,
he shall be obliged to declare this to Europol. In such cases, the amountof those benefits will be deducted from the allowance paid underparagraph 3.
2. To be eligible for this unemployment allowance, a former member
of the Europol staff shall:
(a) be registered, at his own request, as seeking employment with the
employment authorities of the Member State in which he establisheshis residence;
(b) fulfil the obligations laid down by the law of that Member State for
persons in receipt of unemployment benefits under that law;
(c) forward every month to Europol a certificate issued by the
competent national employment authority stating whether or nothe has fulfilled the obligations and conditions referred to in (a)and (b).
The allowance may be granted or maintained by Europol, even where
the national obligations referred to under (b) have not been fulfilled, incases of illness, accident, maternity, invalidity or a situation recognisedas being similar or where the competent national authority has given adispensation from those obligations.
The Management Board shall lay down such provisions as it deems
necessary for applying this Article.
3. The unemployment allowance shall be fixed with reference to the
basic salary reached by the former member of the Europol staff at thetime of the termination of his service. This allowance shall be fixed at:
—60 % of the basic salary for an initial period of 12 months,
—45 % of the basic salary from the 13th until the 18th month,
—30 % of the basic salary from the 19th until the 24th month.
The amounts thus calculated shall be no less than ►
M17 EUR
1 004,36 ◄and no more than ►M17 EUR 2 008,72 ◄.
The minimum and maximum amounts referred to above may be
examined annually by the Management Board.
4. The unemployment allowance shall be paid to the former member
of the Europol staff for a maximum of 24 months from the date of1999F0130 —EN—14.01.2007 —006.001 —21
▼B
termination of service. If, however, during that period the former
member of the Europol staff ceases to fulfil the conditions laid downin paragraphs 1 and 2, payment of the unemployment allowance shall besuspended. Payment shall be resumed if before the expiry of that periodthe former member of the Europol staff again fulfils the said conditionsand has not acquired the right to national unemployment benefit.
5. A former member of the Europol staff who is eligible for the
unemployment allowance shall be entitled to the family allowances
provided for in Article 46. The household allowance shall be calculatedon the basis of the unemployment allowance under the conditions laiddown in Article 1 of Appendix 5.
The person concerned shall be obliged to declare any allowances of the
same kind paid from other sources to himself or to his spouse; suchallowances shall be deducted from those to be paid on the basis of thisArticle.
A former member of the Europol staff who is eligible for the unem-
ployment allowance shall be entitled, as provided for in Article 56, toinsurance cover against sickness without having to make any contri-bution.
6. A member of the Europol staff shall contribute a third of the
financing of the unemployment insurance scheme. That contribution
shall be fixed at 0,4 % of the basic salary of the person concerned.
The contribution shall be deducted monthly from the salary of theperson concerned and paid, together with the remaining two thirds tobe borne by Europol, into a Special Unemployment Fund.
Europol shall pay its contributions to this Fund each month, no later
than eight days after the payment of remuneration.
7. The unemployment allowances paid to a former member of the
Europol staff who is unemployed shall be subject to the same conditionsand procedure for applying tax as the remuneration of Europol officialsis.
8. The national departments with responsibility for employment and
unemployment, acting in accordance with their national legislation, andEuropol shall cooperate with each other in an effective manner in orderto ensure that this Article is properly applied.
9. The detailed arrangements for applying this Article shall be the
subject of rules laid down by the Management Board, acting on aproposal submitted by the Director after consulting the StaffCommittee, without prejudice to the provisions of the final subpar-agraph of paragraph 2.
Article 60
1. On the birth of a child to an official, the person who has actual
care of the child shall receive a grant of ►
M17 EUR 267,84 ◄.
The same grant shall be paid to an official who adopts a child who is
less than five years of age and is a dependant within the meaning ofArticle 2 of Appendix 5.
2. This grant shall also be payable in the event of termination of
pregnancy after not less than 28 weeks, on the production of a medical
certificate to that effect.
3. The recipient of a grant on the birth of a child shall declare any
grants of the same nature received from other sources for the samechild; such grants shall be deducted from the grant provided forabove. Where both parents are officials of Europol, the grant shall bepaid once only.1999F0130 —EN—14.01.2007 —006.001 —22
▼B
Article 61
In the event of the death of an official, an official's spouse or dependent
child, or any other dependent person within the meaning of Article 2 ofAppendix 5 who lived as part of the official's household, Europol shallreimburse the costs involved in transporting the body from the official'splace of employment to his place of origin.
However, in the event of an official's death during a mission, Europol
shall bear the costs involved in transporting the body from the place
where death occurs to the official's place of origin.
Article 62
Gifts, loans or advances may be made by the Director to officials,
former officials or where an official has died, to those entitled under
him, who are in a particularly difficult position as a result of serious or
protracted illness or where, as a result of an accident sustained duringhis employment, the official is incapable of working and proves thatsuch illness or accident is not covered by another social securityscheme.
Section B
Insurance against invalidity and death
Article 63
Europol staff are insured in accordance with the following provisions
against the risk of death and of invalidity occurring during their
employment.
The payments and benefits provided for in this Section shall be
suspended if the remuneration which a member of the staff receivesin respect of his employment is suspended pursuant to these StaffRegulations.
Article 64
Where the medical examination made before an official is engaged
shows that he is suffering from sickness or invalidity, the Directormay, insofar as risks arising from such sickness or invalidity areconcerned, decide to admit him to guaranteed benefits in respect ofinvalidity or death only after a period of four years from the date of
his entering the service of Europol.
The official may appeal against this decision to the Invalidity
Committee, which shall be established in accordance with Appendix 7.
Article 65
1. An official suffering from total invalidity who is obliged for that
reason to leave the service of Europol shall be entitled to an invaliditypension, the amount of which shall be determined as follows.
Where the invalidity arises from an accident in the course of or in
connection with the performance of his duties, from an occupationaldisease, from a public-spirited act or from risking his life to saveanother human being, the invalidity pension shall be 90 % of thefinal basic salary of the official.
Where the invalidity is due to some other cause, the invalidity pension,
calculated by reference to the final basic salary of the official, shall beequal to 2 % for each year between the date of his entering the serviceand the date on which he reaches the age of 62 years; this rate shall beincreased by 2 % for each year of pensionable service with which he1999F0130 —EN—14.01.2007 —006.001 —23
▼B
has been credited under Article 9(2) and (3) of Appendix 6, but so that
the total shall not exceed 70 % of his final basic salary.
The invalidity pension shall not be less than 120 % of the minimum
subsistence figure defined in Article 5 of Appendix 6.
In the case of invalidity deliberately brought about by the official, the
Director may decide that he will receive only the grant provided for in
Article 77.
Persons entitled to an invalidity pension shall also be entitled to the
family allowances provided for in these Staff Regulations, in accordancewith Appendix 6; household allowance shall be determined on the basisof the recipient's pension.
2. Invalidity shall be established by the Invalidity Committee.3. Entitlement to an invalidity pension shall take effect on the day
following that on which the official's engagement with Europol isterminated in accordance with Articlesw 94 and 95.
4. Europol may at any time require proof that the recipient of an
invalidity pension still fulfils the conditions for payment of that pension.Entitlement to pension shall cease if the Invalidity Committee finds thatthose conditions are no longer fulfilled.
If an official is not re-engaged by the Director, after a finding of the
Invalidity Committee that the conditions for payment of the pension areno longer fulfilled, he shall be entitled, at his own option:
—either to the severance grant provided for in Article 77 calculated on
the basis of the actual length of service,
—or, where he has reached the age of at least 50, to a retirement
pension in accordance with Section C of this Chapter.
The time during which he received invalidity pension shall be included
for the purpose of calculating his retirement pension, without paymentby him of arrears of contributions.
5. Where an official is entitled to an invalidity pension under a
national scheme, or obtains gainful employment, he shall be obligedto declare this to Europol. In such cases, the amount of those benefitsor his salary for this employment after deduction of any taxes thereon,
shall be deducted from the invalidity pension paid under this Article.
Article 66
The persons entitled under a deceased official as defined in Chapter 4 of
Appendix 6 shall be entitled to the survivor's pension as provided for inArticles 67 to 70.
In the event of the death of a former official in receipt of an invalidity
pension or in receipt of a retirement pension or who left the servicebefore reaching the age of 62 years and requested that his retirementpension be deferred until the first day of the calendar month followingthat during which he reached the age of 62 years, the persons entitledunder the deceased official, as defined in Chapter 4 of Appendix 6, shallbe entitled to the survivor's pension as provided for in that Appendix.
Where the whereabouts of a member of the Europol staff, or of a former
member of Europol staff in receipt of an invalidity or retirementpension, or of a former member of Europol staff who left the servicebefore he reached the age 62 and who has requested that his retirementpension be deferred until the first day of the calendar month followingthat in which he reaches the age of 62, are unknown for more than oneyear, the provisions of Chapters 5 and 6 of Appendix 6 shall apply byanalogy to his spouse and to persons recognised as his dependants.1999F0130 —EN—14.01.2007 —006.001 —24
▼B
Article 67
The right to receive payment of pension shall have effect from the first
day of the month following that in which death occurred or, whereapplicable, on the first day of the month following the period duringwhich the surviving spouse, orphans or dependants receive thedeceased's remuneration under Article 48.
Article 68
The widow of an official who died in the active service of Europol shall
be entitled to a widow's pension in accordance with Article 15 ofAppendix 6. The amount of the widow's pension shall be 60 % ofthe retirement pension which the official would have been paid if hehad qualified, irrespective of length of service or of age, for suchpensions at the time of his death.
The amount specified above shall be 80 % in the case where the official
died as a consequence of one of the acts referred to in Article 65(1),second subparagraph.
The amount of the survivor's pension payable shall be neither less than
the minimum subsistence figure, nor less than 35 % of the last basic
salary of the official.
The amount shall not be less than 42 % of the final basic salary
received by the official where death is due to one of the circumstancesset out in the second subparagraph of Article 65(1).
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▼B
Article 69
Where an official or person entitled to a retirement or invalidity pension
dies leaving no spouse entitled to a survivor's pension, the childrendeemed to be dependent on him shall be entitled to an orphan'spension in accordance with Article 20 of Appendix 6.
The same entitlement shall apply to children who fulfil the foregoing
conditions in the event of death or remarriage of a spouse who isentitled to a survivor's pension.
Where an official or person entitled to a retirement or invalidity pension
dies but the conditions set out in the first paragraph are not satisfied, thechildren deemed to be dependent on him shall be entitled to an orphan'spension in accordance with Article 20 of Appendix 6; the pension shall,however, be equal to half the pension calculated in accordance with thatArticle.
In the event of the death of a former member of the Europol staff who
left the service before reaching the age of 62 and requested that hisretirement pension be deferred until the first day of the calendar monthfollowing that in which he reached the age of 62, children deemed to bedependent on him shall be entitled to an orphan's pension on the sameconditions as those set out respectively in the foregoing paragraphs.
Where the spouse, not being an official of Europol, of a member of the
Europol staff or of a former member of the Europol staff in receipt of aretirement or invalidity pension dies, children dependent on thesurviving spouse within the meaning of Article 2 of Appendix 5 shallbe entitled to an orphan's pension fixed in accordance with the firstparagraph.
Orphans shall be entitled to the education allowance in accordance with
Article 3 of Appendix 5.1999F0130 —EN—14.01.2007 —006.001 —25
▼B
Article 70
In the case of divorce or where there is more than one category of
survivor who qualifies to claim survivor's pension, such pension shallbe apportioned in the manner provided for in Chapter 4 of Appendix 6.
Article 71
1. Notwithstanding any other provisions, notably those concerning
the minimum amounts payable to persons entitled to a survivor'spension, the total amount payable by way of survivor's pension plus
family allowances less tax and other compulsory deductions to the
widow and other entitled persons may not exceed the following:
(a) in the event of the death of an official in the service of Europol, the
amount of remuneration which the official would have received onthe same scale and incremental point if he had still been in theservice, plus any family allowances received by him in that caseand less tax and other compulsory deductions;
(b) for the period following the date on which the official referred to in
(a) above would have reached the age of 62, the amount of theretirement pension to which he would have been entitled thereafter,had he been alive, based on the same scale and incremental point atthe time of death, plus any family allowances which he would havereceived, less tax and other compulsory deductions;
(c) in the event of the death of a former official entitled to a retirement
pension or to an invalidity pension, the amount of the pension towhich he would have been entitled, had he been alive, subject to theallowances and deductions referred to in (b);
(d) in the event of the death of a former official who left the service
before reaching the age of 62 and requested that his retirementpension be deferred until the first day of the calendar month
following the one in which he reached the age of 62, the amount
of retirement pension to which he would have been entitled at theage of 62, had he been alive, subject to the allowances anddeductions referred to under (b).
2. For the purposes of paragraph 1, weightings which could affect the
various amounts in question shall be disregarded.
3. The maximum amount as defined in paragraph 1(a) to (d) shall be
apportioned among the persons entitled to a survivor's pension inproportion to their respective entitlements, paragraph 1 being disre-garded for this purpose.
Section C
Retirement pension and severance grant
Article 72
On leaving the service, an official who has completed at least 10 years'
service shall be entitled to a retirement pension. He shall, however, be
entitled to such pension irrespective of length of service if he is over 62
years.
The maximum retirement pension shall be 70 % of the final basic salary
carried by the last post in which the official was employed for at leastone year. It shall be payable to an official who has completed 35 years'service reckoned in accordance with Article 3 of Appendix 6. Where thenumber of years of service is less than 35, the above maximum shall bereduced proportionally.
The amount of the retirement pension must not be less than 4 % of the
minimum subsistence figure per year of service.1999F0130 —EN—14.01.2007 —006.001 —26
▼B
The pensionable age shall be 62 years.
Article 73
The widow of a former official referred to in Articles 16, 17 or 18 of
Appendix 6 shall, in the manner provided for in those Articles, beentitled to a survivor's pension.
The amount specified above shall be 80 % in the case where the official
died as a consequence of one of the acts referred to in Article 65(1),
second subparagraph.
The amount of the survivor's pension payable in these cases shall be
neither less than the minimum subsistence figure, nor less than 35 % of
the last basic salary of the former official.
The amount shall not be less than 42 % of the final basic salary
received by the former official where death is due to one of the circum-stances set out in the second subparagraph of Article 65(1).
Article 74
The provisions of Article 68 and 73 shall apply mutatis mutandis to the
widower of an official or of a former official.
Article 75
A person entitled to a retirement pension payable at the age of 62 years
or later, or to an invalidity pension, or to a survivor's pension shall beentitled, under the conditions laid down in Appendix 5 to the familyallowances specified in Article 46; the household allowance shall becalculated by reference to the pension of the recipient.
The amount of the dependent child allowance payable to the person
entitled to the survivor's pension shall, however, be twice the amount ofthe allowance provided for in Article 46(1)(b).
Article 76
Where the official is entitled to a retirement pension, his pension rights
shall be reduced in proportion to the amounts paid in pursuance ofArticle 79.
Article 77
An official aged less than 62 years whose service terminates otherwise
than by reason of death or invalidity and who is not entitled to aretirement pension and cannot benefit from the provisions of Article 9of Appendix 6 shall be entitled on leaving the service to the payment ofa severance grant calculated in accordance with Article 10 ofAppendix 6.
This grant shall be reduced by the amounts paid in pursuance of
Article 79.
Section D
Funding of the invalidity and life assurance scheme and of the
pension scheme
Article 78
1. Benefits paid under the social security scheme provided for in
sections B and C shall be charged to the Europol pension fundreferred to in Article 37 of Appendix 6.1999F0130 —EN—14.01.2007 —006.001 —27
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2. Officials shall contribute one third of the costs of financing this
social security scheme. The contribution shall be 8,25 % of the official'sbasic salary. It shall be deducted monthly from the salaries of theofficials.
3. Salaries shall in all cases be subject to deduction of this contri-
bution of the pension scheme.
4. Contributions properly deducted shall not be refunded. Contri-
butions wrongly deducted shall not confer the right to receive apension; they shall be reimbursed without interest at the request ofthe official of or those entitled under him.
Article 79
In accordance with conditions to be laid down by the Management
Board, acting on a proposal from the Director, submitted afterconsulting the Staff Committee, an official may request Europol toeffect any payments which he is required to make in order to constituteor maintain pension rights in his country of origin.
Such payments shall not exceed 16,5 % of his basic salary and shall be
charged to the Europol budget.
Section E
Settlement of claims
Article 80
Europol shall be responsible for calculating the amount of retirement,
invalidity, survivor's or provisional pension. A detailed statement of thecalculation shall be communicated to the official or to those entitledunder him and to the paying agency, at the same time as the decisionawarding the pension.
A retirement or invalidity pension shall not be paid concurrently with
the salary payable by Europol nor with the allowance payable underArticle 59.
Article 81
The amount of pension may at any time be calculated afresh if there has
been an error or omission of any kind.
Pensions shall be liable to modification or withdrawal if the award was
contrary to the provisions of these Staff Regulations or of Appendix 6.
Article 82
Where an official or former official in receipt of a retirement or inva-
lidity pension dies and those entitled under him do not apply for their
pensions within one year from the date of his death, they shall lose theirentitlement, save where force majeure is duly established.
Article 83
A former official or those entitled under him in favour of whom benefits
arise under the pension scheme shall furnish such written proof as maybe required and inform Europol of any facts liable to affect their enti-tlement.1999F0130 —EN—14.01.2007 —006.001 —28
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Article 84
Where an official has been deprived, in whole or in part, of his pension
rights under these Staff Regulations, he shall be entitled to claim reim-bursement, in proportion to the amount by which his pension has beenreduced, of the pension contributions he has paid.
Section F
Payment of benefits
Article 85
Benefits under this social security scheme shall be paid monthly in
arrears. These benefits shall, on behalf of Europol, be provided bythe institution designated by Europol; no other institution may, underany descriptions whatsoever, pay out of its own funds benefits providedfor under this social security scheme. Article 71 shall apply by analogy.
Beneficiaries may elect to have their benefits paid in the currency either
of their country of origin or of their country of residence or in►
M2 euros◄; their choice shall remain operative for at least two
years.
Section G
Subrogation in favour of Europol
Article 86
1. Where the death, accidental injury or sickness of a member of
Europol staff is caused by a third party, Europol shall, in respect ofthe obligations incumbent upon it under the Staff Regulationsconsequent upon the event causing such death, injury or sickness,stand subrogated to the rights, including rights of action, of thevictim or of those entitled under him against the third party.
2. The subrogation provided for by paragraph 1 shall extend, inter
alia, to the following:
—continued payment or remuneration in accordance with Article 38 to
the official during the period when he is temporarily unfit to work,
—payments effected in accordance with Article 48 following the death
of an official or of a former official entitled to a pension,
—benefits paid under Articles 56 and 57 and their implementing rules,
relating to insurance against sickness and accident,
—payment of the costs involved in transporting the body, as referred
to in Article 61,
—supplementary family allowances paid in accordance with Article 46
(3) and with Article 2(3) of Appendix 5 in respect of a dependent
child suffering from serious illness, infirmity or handicap,
—invalidity pensions paid in the event of an accident or sickness
resulting in permanent invalidity preventing the official fromperforming his duties,
—survivor's pension paid in the event of the death of an official or of
a former official or the death of the spouse of an official or of aformer official entitled to a pension, where the spouse is not aEuropol official,
—orphan's pension paid regardless of age to the child of an official or
former official where that child is prevented by serious illness,informity or handicap from earning a livelihood after the death ofthe person on whom he was dependent.1999F0130 —EN—14.01.2007 —006.001 —29
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3. However, Europol shall not be subrogated to rights of compen-
sation in respect of purely personal damage such as non-material injury,damages for pain and suffering or compensation for disfigurement andloss of amenity over and above the allowance granted for thoseheadings under Article 57.
4. The provisions of paragraphs 1, 2 and 3 may not be a bar to direct
action by Europol.
CHAPTER 7
OVERPAYMENTS AND UNDERPAYMENTS
Article 87
Any sum overpaid under these Staff Regulations shall be recovered
from the individual concerned, for sums overpaid in the five years
preceding the discovery of the overpayment. Sums underpaid in the
five years preceding the discovery of the underpayment shall beawarded to the individual concerned.
CHAPTER 8
DISCIPLINARY MEASURES
Article 88
1. Any failure by an official to comply with his obligations under
these Staff Regulations or the Europol Convention, whether inten-
tionally or through negligence on his part, shall make him liable to
disciplinary action.
2. Disciplinary measures shall take one of the following forms:
(a) written warning;
(b) reprimand;
(c) relegation by a maximum of five incremental points in the appro-
priate salary scale for a period not exceeding six months, or
reduction of his basic monthly salary up to a maximum amountof 25 % not exceeding the same period;
(d) placement of the official in a salary scale one below the one he is in
at the time of the disciplinary measure;
(e) removal from post and, where appropriate, reduction or withdrawal
of entitlement to retirement pension, but the consequences of thismeasure shall not affect the dependants of the official;
(f) termination of contract of officials recruited from the competent
authorities as mentioned in Article 2(4) of the Europol Convention
(with recommendation for disciplinary action).
3. In the application of disciplinary measures, due account shall be
taken of the severity of the breach of obligation, as well as of thecircumstances surrounding it, including intentionality, any possibledisruption of the normal operations of Europol, damage caused toEuropol itself, its disciplinary principles or hierarchy, and recidivismof the official concerned.
4. A single breach of obligation shall not give rise to more than one
disciplinary measure.
5. Disciplinary measures shall be applied without prejudice to
criminal liability incurred by an official through the breach of obli-gation.
6. Any official who persuades another official to breach his obli-
gations, as well as a superior of the official who knowingly tolerated1999F0130 —EN—14.01.2007 —006.001 —30
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the breach, shall be liable to the same disciplinary measures as the
official concerned.
Article 89
A Disciplinary Board shall be set up within Europol to perform the
functions assigned to it under these Staff Regulations. The compositionand procedure of the Disciplinary Board shall be as established inAppendix 7.
The Director shall have the right to issue a written warning or a
reprimand without consulting the Disciplinary Board, on a proposalfrom the official's immediate superior or on his own initiative. Theofficial concerned shall be informed of this in writing, and be heardbefore such action is taken.
Other measures shall be ordered by the Director after the disciplinary
procedure provided for in Appendix 7 has been completed. Thisprocedure shall be initiated by the Director, on a proposal from theofficial's immediate superior or on his own initiative, after hearing theofficial concerned.
Article 90
Where an allegation of serious misconduct is made against an official
by the Director, whether this amounts to failure to carry out his officialduties or to a breach of law, the Director may order that he besuspended forthwith. This decision shall be communicated to theofficial in writing. A breach of the obligation of confidentiality asestablished in Article 10 shall be considered to be serious misconduct.
The decision that an official be suspended shall specify whether he is to
continue to receive his remuneration during the period of suspension orthat part thereof is to be withheld: the part withheld shall be one half ofthe official's basic salary.
A final decision shall be taken within six months from the date when
the decision that an official be suspended came into force. Where nodecision has been taken by the end of six months, the official shallagain receive his full remuneration.
Where no disciplinary action has been taken in respect of an official, or
no other measure than a written warning, reprimand or relegation ofincremental points in his salary scale or reduction of salary inaccordance with Article 88(2)(c) has been ordered, or if no finaldecision has been taken within the period specified within thepreceding paragraph, the official concerned shall be entitled to reimbur-sement of the amount of remuneration withheld.
Where, however, the official is prosecuted for those same acts, a final
decision shall be taken only after a final verdict has been reached by thecourt hearing the case.
Article 91
An official against whom a disciplinary measure other than removal
from post or termination of contract has been ordered may each year,starting a year from the date of imposition, submit a request for thedeletion from his personal file of all reference to such measure.
The Director shall, after consulting the Disciplinary Board in cases
where the Board has taken part in the disciplinary procedure, decidewhether to grant the official's request; if he decides to do so, the file asconstituted following such deletion shall be communicated to him.
Where a disciplinary measure as mentioned in Article 88(2)(d), (e) or (f)
has been imposed on an official recruited from a competent authority as1999F0130 —EN—14.01.2007 —006.001 —31
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mentioned in Article 2(4) of the Europol Convention, the Director must
inform the competent authority thereof. Where a different disciplinarymeasure has been imposed, the Director will decide whether or not toinform the competent authority.
The preceding subparagraph will apply mutatis mutandis in cases where
the reference of the disciplinary measure has been deleted from the
personal file of the official in accordance with this Article.
CHAPTER 9
APPEALS
Article 92
1. Any person to whom these Staff Regulations apply may submit to
the Director a request that he take a decision relating to him. TheDirector shall notify the person concerned of his reasoned decisionwithin four months from the date on which the request was made. If
at the end of that period no reply to the request has been received, this
shall be deemed to constitute an implied decision rejecting it, againstwhich a complaint may be lodged in accordance with the followingparagraphs.
2. Any person to whom these Staff Regulations apply may submit to
the Director a complaint against an act adversely affecting him, eitherwhere the Director has taken a decision or where he has failed to adopta measure prescribed by the Staff Regulations. The complaint must belodged within three months. The period shall start to run:
—on the date of publication of the act if it is a measure of a general
nature,
—on the date of the notification of the decision to the person
concerned, but in no case later than the date on which the latterreceived such notification, if the measure affects a specified person;if, however, an act affecting a specified person also contains acomplaint against another person, the period shall start to run inrespect of that other person on the date on which he recveivesnotification thereof but in no case later than the date of publication,
—on the date of expiry of the period prescribed for reply where the
complaint concerns an implied decision rejecting a request asprovided for in paragraph 1.
The Director shall notify the person concerned of his reasoned decision
within four months from the date on which the complaint was lodged. If
at the end of that period no reply to the complaint has been received,
this shall be deemed to constitute an implied decision rejecting it,against which an appeal may be lodged under Article 93.
3. A request or a complaint by an official shall be submitted through
his immediate superior, except where it concerns that person, in whichcase it may be submitted direct to the authority next above.
Article 93
1. The Court of Justice of the European Communities shall have
jurisdiction in any dispute between Europol and any person to whomthese Staff Regulations apply regarding the legality of an act adverselyaffecting such a person within the meaning of Article 92(2). In disputes
of a financial character the Court of Justice shall have unlimited juris-
diction.
2. An appeal to the Court of Justice shall lie only if:—the Director has previously had a complaint submitted to him
pursuant to Article 92(2) within the period prescribed therein, and,1999F0130 —EN—14.01.2007 —006.001 —32
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—the complaint has been rejected by express decisions or by implied
decision.
3. Appeals under paragraph 2 shall be filed within three months. The
period shall begin:
—on the date of notification of the decision taken in response to the
complaint,
—on the date of expiry of the period prescribed for the reply where the
appeal is against an implied decision rejecting a complaint submittedpursuant to Article 92(2); nevertheless, where a complaint is rejectedby an express decision after having been rejected by an implieddecision but before the period for lodging an appeal has expired,the period for lodging the appeal shall start to run afresh.
4. By way of derogation from paragraph 2, the person concerned
may, after submitting a complaint to the Director pursuant to Article92(2), immediately file an appeal with the Court of Justice, providedthat such appeal is accompanied by an application either for a stay ofexecution of the contested act or for the adoption of interim measures.The proceedings in the principal action before the Court of Justice shallthen be suspended until such time as an express or implied decisionrejecting the complaint is taken.
5. Appeals under this Article shall be investigated and heard as
provided for in the Rules of Procedure of the Court of Justice of theEuropean Communities.
CHAPTER 10
TERMINATION OF EMPLOYMENT
Article 94
Aprat from cessation on death, the employment of Europol staff shall
cease:
1. Where the contract is for a fixed period:
(a) on the date stated in the contract;
(b) at the end of the period of notice specified in the contract, where
the latter contains a clause giving the official or Europol theoption to terminate earlier. Such period of notice shall be not
more than three months nor less than one month. For Europol
staff whose contracts have been renewed, the said period ofnotice shall not be less than one month per year of service,with a minimum of one month and a maximum of six months;
(c) at the end of the month in which the official reaches the age of
65 years.
If Europol terminates the contract, the official shall be entitled to
compensation equal to one third of his basic salary for the periodbetween the date when his duties end and the date when his contractexpires.
2. Where the contract is for an indefinite period:
(a) at the end of the period of notice stipulated in the contract; the
length of the period of notice shall not be less than one monthfor each completed year of service, subject to a minimum ofthree months and a maximum of 10 months. The period ofnotice shall not, however, commence to run during maternityleave or sick leave, provided such sick leave does not exceedthree months. It shall, moreover, be suspended during maternityor sick leave subject to the limits aforesaid;
(b) at the end of the month in which the official reaches the age of
65 years.1999F0130 —EN—14.01.2007 —006.001 —33
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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 accordancewith Article 65;
(c) if the period of secondment, special leave or temporary outpla-
cement agreed to by the competent authority is terminated in thecase of an official occupying a post which can be filled only bystaff 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, theofficial shall receive an allowance equal to his basic salary, plusfamily allowances at the rate of two days per month of servicecompleted.
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Article 96
1. After the disciplinary procedure provided for in Appendix 7 has
been followed, employment may be terminated without notice on disci-plinary grounds in serious cases of intentional or negligent failure of anofficial to comply with his obligations. A reasoned decision shall betaken by the Director, after the official concerned has been given anopportunity of submitting his defence.
Before his employment is terminated, an official may be suspended, in
accordance with Article 90.
2. Where employment is terminated in accordance with paragraph 1,
the Director may decide:
(a) to limit the severance grant provided for in Article 77 to repayment
of the contributon provided for in Article 78, plus compoundinterest at the rate determined in Article 10 of Appendix 6;
(b) to withhold in whole or in part the reimbursement of removal
expenses referred to in Article 8(2) of Appendix 5;
(c) to withhold in whole or in part the compensation provided for in
Article 94(1).
Article 97
1. The employment of an official shall be terminated by Europol
without notice if the Director finds:
(a) that at the time of his engagement he deliberately furnished false
information as to either his professional ability or the requirementsof Article 24(2), and
(b) that the false information furnished was a determining factor in his
being engaged.
2. In such cases the Director shall, after hearing the official
concerned, and after the disciplinary procedure provided for inAppendix 7 has been followed, declare that the official's employment
is terminated.
Before his employment is terminated, the official may be suspended in
accordance with Article 90.1999F0130 —EN—14.01.2007 —006.001 —34
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The provisions of Article 96(2) shall apply.
TITLE III
LOCAL STAFF
Article 98
Subject to the provisions of this Title, the conditions of employment of
local staff, in particular:
(a) the manner of their engagement and termination of their contract;
(b) their leave, and
(c) their remuneration
shall be determined by Europol in accordance with current rules and
practice in the place where they are to perform their duties.
Local staff shall be bound by the provisions on discretion and confi-
dentiality as established by Article 31 and 32 of the EuropolConvention, and any regulations based thereon.
Article 99
As regards social security, Europol shall be responsible for the
employer's share of the social security contributions under current regu-lations in the Netherlands.
Article 100
1. Any dispute between Europol and a member of the local staff
serving in a Member State shall be submitted to the competent courtin accordance with the laws in force in the place where he performs his
duties.
2. Any dispute between Europol and a member of the local staff
serving in a third country shall be submitted to an arbitration boardunder the conditions defined in the arbitration clause contained in hiscontract.
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TITEL IIIA
OFFICIALS SERVING IN A THIRD COUNTRY
Article 100a
Without prejudice to the other provisions of the Staff Regulations,
Appendix 9 lays down the special and exceptional provisions applicableto officials serving in a third country.
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TITLE IV
TRANSITIONAL PROVISIONS
Article 101
1. Officials who are posted to the Europol Drugs Unit (EDU) in
accordance with Article 5(2) of the Joint Action of 10 March 1995(OJ L 62, 20.3.1995, p. 1), and who have fulfilled their tasks satisfac-torily as laid down in a written assessment by the EDU management,shall be offered a new contract by the Europol Director in accordance1999F0130 —EN—14.01.2007 —006.001 —35
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with these Staff Regulations, within six months of the time the regu-
lations enter into force.
2. Such a contract shall be an initial contract for a fixed term
between one and four years as Europol staff in accordance withArticle 6, or an indefinite contract as local staff in accordance withArticle 98.
3. In the framework of the transition plan mentioned under paragraph
5, the duration of the fixed-term contract shall be adjusted downward bythe Director in conformity with the preferences expressed by theMember State concerned.
4. The job description in the contract to be offered shall take account
of the tasks and functions the official has fulfilled during his posting tothe EDU, and his qualifications and experience for the post for whichthe contract is offered. The contract shall take effect within six monthsof the date on which these Staff Regulations enter into force.
5. In offering the contracts mentioned above, the Director shall act in
accordance with a transition plan, to be submitted by him beforehand tothe Management Board for approval. The plan must take account of therotation provided for in Article 6, the necessary continuity of the orga-
nisation in the framework of the new budget, the number of years of
service with EDU, the interest of the Member States and their adequaterepresentation within Europol, the interests of the host State, and theinterests of the individuals concerned. In the transition plan, eachdifferent post shall be considered separately.
6. The posting of an official who refuses an offer or whose service
during the EDU-period has not been considered satisfactory, will beconsidered to have ended at the date of refusal or the date that theofficial receives the message that no contract will be offered.
Article 102
The pay scales given in Article 45 shall be reviewed in accordance with
Article 44 on the entry into force of these regulations.
Article 103
Officials seconded to the EDU by the Member States, with the
exception of liaison officers, may be offered a contract in accordancewith Article 101 with the approval of their seconding authorities.
TITLE V
ENTRY INTO FORCE
Article 104
These Staff Regulations shall enter into force on 1 January 1999.1999F0130 —EN—14.01.2007 —006.001 —36
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APPENDIX 1
Europol posts
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1. Subject to paragraph 3, the following posts shall in particular be Europol
posts:
Director
Deputy DirectorsAssistant Directors
Financial Controller
Secretary of the Management
Board
Head of Unit Directorate support/Secretariat of the
Corporate Governance Department
Analysis
Specialised law enforcement areas
Secretariat of the Serious Crime
Department
Human resources
Corporate communications/Public relations
Security
Head of Unit Finance
Legal affairs
Procurement
Specialised areas of Information Management
and Technology
Secretariat of the Information Management
and Technology Department
General services
Information integrity
Assistant Financial Controller(s)First officers Specialised law enforcement areas
Secretariat of the Serious Crime
Department
Analysis
Human resources —recruitment
Corporate communications/Public relations
Corporate standards and integrity
First officers Management Board Secretariat
Specialised areas of Information Management
and Technology
Secretariat of the Information Management
and Technology Department
Information integrity
Directorate support/Secretariat of the
Corporate Governance Department
Corporate communications/Public relations
Legal affairs
Procurement
Finance
Human resources —specialised areas of
Human Resources Management
[Security] (
1)1999F0130 —EN—14.01.2007 —006.001 —37
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General services
Translator
Second officers Specialised law enforcement areas
Secretariat of the Serious Crime
Department
Analysis
Second officers Financial Controller ’s Office
Management Board Secretariat
Specialised areas of Information Management
and Technology
Secretariat of the Information Management
and Technology Department
Information integrity
Directorate support/Secretariat of the
Corporate Governance Department
Legal affairs
Human resources
Finance
Procurement
Corporate communications/Public relations
[Security] (1)
General services
Translator
Directorate assistants Assistants to the Director and to the Deputy
Directors
Assistants Administrative assistants (all relevant
departments and units)
Administrative assistants for the Financial
Controller ’s Office and for the Management
Board Secretariat
Technical assistants (2)*
Temporary assistants (3)
Assistants Analytical assistants
Other personnel Specialised drivers *
Drivers *
[Security officers] (1)*
Operators *
Qualified worker *
(1) Security personnel will continue to be paid according to local conditions for as long as
this category is paid for predominantly by the Government of the Netherlands. To
indicate this, these posts have been put in square brackets.
(2) Explanatory note: In accordance with paragraph 5 of Appendix 1 to the Staff Regu-
lations, all posts marked with an asterisk shall be regarded as posts to be filled by local
staff as mentioned in Article 3 of the Staff Regulations.
(3) Contract for a maximum of one year (temporary post to meet an urgent, exceptional and
unforeseen need for staff within the limits of the Europol budget, in accordance with the
Europol Establishment Plan). These posts should in principle be restricted to cases in
which the normal recruitment procedure failed or in which recruited staff is absent due
to long term illness.
This list can be modified by unanimous decision of the Management Board (1).
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2. The posts listed in bold may only be filled by personnel engaged from the
competent national authorities, in accordance with Articles 2 and 6 of the StaffRegulations. The competent national authorities means all public bodies existing
in the Member States which are responsible under national law for preventing1999F0130 —EN—14.01.2007 —006.001 —38
(1) Paragraph replaced with the Council Act of 15 March 2001 (OJ C 112, 12.4.2001, p. 1).
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and combating criminal offences. The Member State concerned shall inform
Europol whether or not it considers a candidate for a Europol post listed in
bold as being employed by one of their competent national authorities.
3. The Management Board of Europol shall, in accordance with Article 28(1)
(15) of the Europol Convention, take part in the drawing up of the budget andthe establishment plan. In that context, it shall propose to the Council the extent
to which the posts listed in this Appendix may be filled or combined. The
Council shall decide, in accordance with Article 35 of the Europol Convention,on the budget of the organisation.
4. If, in the context of drawing up the establishment plan and budget, the
Management Board decides that a particular post in a category listed in bold
should be suject to open recruitment, the post may be filled by open competition.
In such cases, the contract to be offered may only be a temporary one with thepossibility of one renewald in accordance with Article 6 of the Staff Regulations.
5. Posts marked with an asterisk (*) shall be regarded as posts to be filled by
local staff as mentioned in Article 3 of the Staff Regulations. However, the
Council, acting on a proposal submitted by the Management Board, initiatedby the Director of Europol, shall within two years after the entry into force ofthe Europol Convention, decide whether or not these posts continue to be
regarded as posts to be filled by local staff.
6. The following scales, as established in Article 45 of the Staff Regulations,
shall be attached to the posts mentioned in paragraph 1:
Scale Post
1 Director
2 Deputy director
3 Assistant director
4 to 5 Head of unit
5 to 7 First officer
6 to 10 Directorate assistant
7 to 10 Second officer, assistant
11 to 13 Driver, operator, qualified worker,
security officer1999F0130 —EN—14.01.2007 —006.001 —39
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APPENDIX 2
Selection procedures
Article 1
Selection for an Europol post will be based on personal suitability and profes-
sional qualifications. A balanced representation of women and men is important
just as an adequate representation of nationals of all Member States and of the
official languages of the European Union.
Europol is committed to a policy of equal opportunity for all staff, regardless of
ethnic origin, religious belief, or any other irrelevant factor.
Recruitment for Europol posts shall take place in accordance with Chapter 3 of
the Staff Regulations and the following provisions.
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Article 2
1. A selection board shall be set up by the Europol Director. It shall advise the
Director on the candidates' suitability, and shall endeavour to list the candidatesin order of merit, taking into account Article 1, as well as the Director's obli-gation under Article 30(2) of the Europol Convention to take account of the need
to ensure adequate representation of nationals of all Member States and of the
official languages of the European Union.
2. The composition of the selection board shall vary according to the category
of post to be filled.
3. For the posts of assistant director, the selection board shall consist of the
director or his delegate, chairman of the board, a deputy director and the head ofthe human resources unit. Furthermore, three Member States, including thePresidency, may, if they so wish, assign a representative to serve as a member
of the selection board.
4. For posts in scales 4 to 6 and the first officer posts in scale 7 of Article 45
and Appendix 1 of the Staff Regulations, the selection board shall consist of adeputy director, chairman of the board, the head of the human resources unit, and
the head of unit concerned. Furthermore, two Member States, including the
Presidency, may, if they so wish, assign a representative to serve as a memberof the selection board.
5. Each Presidency shall determine at the beginning of its six-month period of
office, by drawing lots, which other Member States may be represented on the
selection board during the Presidency in accordance with paragraphs 3 and 4.
6. For posts in scales 7 (first officer posts excluded) to 13 of Article 45 and
Appendix 1 of the Staff Regulations, the selection board shall consist of a deputy
director or his delegate, the chairman of the board, a representative of the human
resources unit and the head of unit concerned. Furthermore the Presidency, may,if it so wishes, assign a representative to serve as a member of the selectionboard.
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7. The Selection Board shall decide whether an external expert should beappointed by the Director to the Selection Board for a specific vacancy to dealwith technical questions.
8. Where a member of the Selection Board appears to have a personal rela-
tionship with one of the applicants for a Europol post, he shall not participate inthe selection process. In such cases, the Selection Board shall propose his repla-cement to the Director.
9. In the case of a draw in a vote in the Selection Board the vote of the
Chairman will be decisive.
10. The Staff Committee shall be informed of all vacancies and selection
procedures.
11. The secretariat of the Selection Board, and other administrative functions
associated with the selection procedures, shall be the responsibility of the
Personnel Unit.1999F0130 —EN—14.01.2007 —006.001 —40
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Article 3
1. For each vacant post, an advertisement shall be drawn up by Europol
describing in detail the nature of the post, including remuneration, the dutiesto be performed, and the qualifications, skills and experience required.
The advertisement shall state specifically that candidates submit their applications
in writing, accompanied by a curriculum vitae.
The advertisement shall also provide information on the security screening the
successful applicant will be required to go through in compliance with the
confidentiality regulations based on Article 31 of the Europol Convention.
2. A vacancy for Europol staff shall be advertised in all Member States.
Europol shall inform the Europol National Units of all vacancies for Europol
posts. The National Units shall inform the relevant agencies within their Member
State of the vacancy. The competent national authorities shall be responsible forensuring that the vacancy is brought to the attention of the agencies and all thepersonnel concerned.
In the case of a vacancy for a post which may also be filled by a person not
engaged from the competent national authorities as defined in Article 2(4) of the
Europol Convention, the vacancies shall also be advertised by Europol directly,
using the Official Journal of the European Communities and such other media as
to ensure maximum exposure in all the Member States.
▼M16
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.
▼B
Article 4
Applicants shall be requested to submit their applications to Europol within 60
days after the date of publishing of the official advertisement. Europol shall send
an acknowledgment of receipt to the applicants.
Article 5
On the basis of qualifications, experience, the profile sought, and any pre-
selection as provided for in Article 24 of the Staff Regulations, the SelectionBoard will make an initial selection from the applications received.
In the cases mentioned in Article 2(6), the Selection Board may decide to leave
the initial selection to one or more of its members.
A minimum of five, if possible, and a maximum of 20 applicants per post to be
filled may be selected and shall be invited to undergo a specific post related
written or any other test procedure. The Selection Board will decide on thespecific necessities.
Article 6
The test(s) shall be prepared by the Director of Europol in consultation with the
Selection Board in order to appraise the specific qualifications and expertise of
the applicants for the post concerned. The results of the test(s) shall be marked
—on the basis of anonymity —by the Selection Board.
Article 7
The Selection Board shall interview all applicants who passed the test(s). These
interviews may also be used to test the applicants' knowledge of the official
languages of the European Union with reference to Article 30(2) of the
Europol Convention and Article 24 of the Staff Regulations.
The questions put to the applicants shall not relate in any way to the occupation
of the applicants' family members or social background.1999F0130 —EN—14.01.2007 —006.001 —41
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Article 8
The tests and interviews shall be held in The Hague. Travel expenses and any
subsistence and hotel accommodation expenses shall be reimbursed to theapplicants in accordance with the rules laid down in Appendix 5.
Article 9
Once the interviews have been completed, the Selection Board shall draw up a
list of the successful applicants in order of merit; this list shall be forwarded tothe Director as soon as possible.
▼M3
Should the selection board come to the conclusion that none of the applicants issuited for the post, it shall inform the Director, who shall reissue the adver-tisement for the post as soon as possible. In such cases the deadlines may beset at shorter periods.
▼B
Article 10
The Director shall decide as soon as possible after receiving the advice of the
Selection Board. He shall inform the members of the Selection Board of his
decision.
The Director shall inform the applicants of the outcome of the procedure.1999F0130 —EN—14.01.2007 —006.001 —42
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APPENDIX 3
Compensatory leave and remuneration for overtime
Article 1
Within the limits laid down in Article 33 of the Staff Regulations, overtime
worked by an official in scales 11 to 13 of Article 45 of the Staff Regulationsshall entitle him to compensatory leave or to remuneration as follows:
(a) For each hour of overtime, he shall be entitled to one hour and a half off as
compensatory leave; if the hour of overtime is worked between 10 p.m. and
7 a.m. or on a Sunday or on a public holiday, the entitlement to compen-satory leave shall be two hours; in the granting of compensatory leave,
account shall be taken of the requirements of the service and the preference
of the official concerned;
(b) Where the requirements of the service do not permit compensatory leave to
be taken during the two months following that during which the overtimewas worked, the Director shall authorise remuneration for uncompensated
hours of overtime at the rate of 0,578 % of the monthly basic salary for
each hour of overtime on the basis set out in subparagraph (a);
(c) To qualify for compensatory leave or remuneration for one hour's overtime,
the extra time worked must have been more than 30 minutes.
Article 2
If an official is travelling on mission, the time taken to reach the place of
assignment and to travel back shall not be treated as overtime for the purposesof this Appendix. As regards hours worked at the place of assignment in excessof the normal number of working hours, compensatory leave or remuneration, as
the case may be, may be allowed by decision of the Director.1999F0130 —EN—14.01.2007 —006.001 —43
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APPENDIX 4
Leave
CONTENTS
Articles
SECTION 1: Annual leave 1-5
SECTION 2: Special leave 6
SECTION 3: Travelling time 7
SECTION 1
Annual leave
Article 1
In the year in which an official enters or leaves the service, he shall be entitled to
two and a half working days' leave per complete month of service, to twoworking days for an incomplete month consisting of more than 15 days and to
one working day for an incomplete month of 15 days or less.
Article 2
Annual leave may be taken all at once or in several periods as desired by the
official and according to the requirements of the service. It shall, however,
include at least one period of two consecutive weeks. An official entering theservice shall be granted annual leave only after completing three months' duty;leave may be granted earlier by the Director in exceptional cases for reasons duly
substantiated.
Article 3
If, during annual leave, an official contracts an illness which would have
prevented him from attending for duty if he had not been on leave, his annual
leave shall be extended by the duration of his incapacity, subject to production ofa medical certificate.
Article 4
Where an official, for reasons other than the requirements of the service, has not
used up all his annual leave before the end of the current calendar year, the
amount of leave which may be carried over to the following year shall not
exceed 12 days. This amount of leave shall be used up in the following year.
Article 5
Where an official is recalled to duty for service reasons while on annual leave or
has had his leave cancelled, any extra costs incurred by him shall be reimbursed,subject to production of appropriate evidence, and travelling time shall be grantedafresh.
SECTION 2
Special leave
Article 6
1. In addition to annual leave, an official may, on application, be granted
special leave. In particular, in the following cases special leave shall begranted as shown:
(a) marriage of the official: five days;
(b) change of residence of the official: up to two days;1999F0130 —EN—14.01.2007 —006.001 —44
▼B
(c) birth or marriage of a child: two days;
(d) death of spouse: five days;
(e) death of a child: five days;
(f) death of father or mother, or of the father or mother of spouse: three days;
(g) serious illness of spouse: up to three days;(h) serious illness of a child: up to two days.2. In the cases mentioned in paragraph 1(d) to (h), the Director may extend
the special leave up to a maximum of 10 days.
SECTION 3
Travelling time
Article 7
1. To the period of leave provided for in Section 1 above shall be added a
maximum of four days of travelling time for the outward and return journey
based on the normal time needed to travel directly by train or, where this is not
possible, by air, between the place of leave and the place of employment if thedistance between the two places is more than 350 km by rail. For the purposes ofthis Article, the place of leave in respect of annual leave shall be the place of
origin as determined in accordance with Article 6(3) of Appendix 5.
2. Where special leave is granted in pursuance of Section 2 above, any
travelling time shall be fixed by special decision of the Director taking intoaccount particular needs.1999F0130 —EN—14.01.2007 —006.001 —45
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APPENDIX 5
Remuneration and reimbursement of expenses
CONTENTS
Article
SECTION 1: Family allowances 1 to 3
SECTION 2: Expatriation allowance 4
SECTION 3: Reimbursement of expenses
A. Rent allowance 5
B. Travel expenses 6 to 7
C. Removal expenses 8
D. Mission expenses 9 to 14
E. Fixed reimbursement of expenses 15
SECTION 1
Family allowances
Article 1
▼M3
1. The household allowance shall be fixed at 5 % of the basic salary of an
official. It shall not exceed 5 % of the amount specified for the last incremental
point of scale 6 of Article 45 of the Staff Regulations and shall not be less than5 % of the amount specified for the last incremental point of scale 11.
▼B
2. The household allowance shall be granted to:
(a) a married official;
(b) an official who has one or more dependent children within the meaning of
Article 2(2) and (3) below;
(c) by special reasoned decision of the Director based on supporting documents,
an official who, while not fulfilling the conditions laid down in (a) and (b),nevertheless actually assumes family responsibilities.
▼M3
3. If the spouse of an official is gainfully employed, with an annual income,before deduction of tax, of more than the basic annual salary of an official in the11th incremental point of scale 12, the official entitled to the household
allowance shall not receive this allowance, save by special decision of the
Director. The official shall, however, be entitled to the allowance where thecouple have one or more dependent children.
▼B
4. In cases where, under the foregoing provisions, an official and his spouseemployed in the service of Europol are both entitled to a household allowance,this shall be payable only to the person whose basic salary is the higher.
5. If the official is entitled to the household allowance only by virtue of
paragraph 2(b) and a person other than the official has by law or by an orderof court or of the competent administrative authority been given custody of all
his dependent children within the meaning of Articles 2(2) and (3) below, the
household allowance shall be paid to that other person in the name and on behalfof the official. This condition shall be deemed to be fulfilled in the case ofdependent children who have reached their majority if such children have their
normal residence with the other parent.
If, however, the official's children are in the care of several different persons, the
household allowance shall be divided among them according to the number of
children in their care.
If the person eligible by virtue of the foregoing to receive the household
allowance paid in the official's name is also eligible to receive this allowance
by reason of his or her own status as official or other member of staff, that
person shall receive the higher of the two allowances only.1999F0130 —EN—14.01.2007 —006.001 —46
▼B
Article 2
1. An official who has one or more dependent children shall, in accordance
with paragraphs 2 and 3 below, receive an allowance of ►M17 EUR 280,00 ◄
per month for each dependent child.
2. ‘Dependent child ’means the legitimate, natural or adopted child of an
official, or of his spouse, who is actually being maintained by the official.
The same shall apply to a child for whom an application for adoption has been
lodged and the adoption procedure started.
3. The allowance shall be granted:
(a) automatically for children under 18 years of age;
(b) on application, with supporting evidence, by the official for children between
18 and 21 who are receiving educational or vocational training.
4. Any person whom the official has a legal responsibility to maintain and
whose maintenance involves heavy expenditure may, exceptionally, be treated asif he were a dependent child by special reasoned decision of the Director, based
on supporting documents.
5. Payment of the allowance in respect of a child prevented by serious illness
or invalidity from earning a livelihood shall continue throughout the period of
that illness or invalidity, irrespective of age.
6. Not more than one dependent child allowance shall be paid in respect of
any one dependent child within the meaning of this Article.
7. If custody of the dependent child within the meaning of paragraphs 2 and 3
has been entrusted by law or by an order of court or of the competent admin-istrative authority to another person, the dependent child allowance shall be paid
to that person in the name and on behalf of the official.
Article 3
1. An official in receipt of an expatriation allowance shall receive an
education allowance equal to 75 % of the actual education costs incurred byhim, for actual education costs which do not exceed a maximum of►
M17 EUR 12 174,06 ◄per year for each dependent child, within the
meaning of Article 2(2) above, who is in regular full-time attendance at an
educational establishment for primary or secondary education.
The education allowance shall be ►M17 EUR 2 739,17 ◄per year for all
officials, if the child is in regular full-time attendance at an educational estab-lishment for tertiary education.
Entitlement to this allowance commences on the first day of the month in which
the child begins to attend a primary educational establishment and shall cease at
the end of the month in which the child reaches the age of 21.
2. The maximum amount mentioned in paragraph 1 shall be
►
M17 EUR 16 434,98 ◄per year, in the case where the child is disabled
and requires special teaching or training to overcome the disability or toprepare for integration into society. The limitation of the education allowancespecified in the second subparagraph of paragraph 1 shall not apply in such
cases.
3. In cases where the child attends an educational institution situated further
than 50 km away from The Hague, board costs shall also be included in the
admissible expenses under this Article, up to the maximum amount specified inparagraphs 1 and 2.
4. If custody of the child in respect of whom the education allowance is paid
has been entrusted by law or by an order of court or of the competent admin-istrative authority to another person, the educationallowance shall be paid to that
person in the name and on behalf of the official. In such case, the distance of at
least 50 km referred to in the preceding paragraph shall be calculated from theplace of residence of the person having custody of the child.
5. This Article shall be revised if a European school is opened in The Hague.1999F0130 —EN—14.01.2007 —006.001 —47
▼B
SECTION 2
Expatriation allowance
Article 4
1. An expatriation allowance shall be paid each month in accordance with
Article 47 of the Staff Regulations, as follows:
(a) for officials in scales 1, 2 and 3, an amount of ►M17 EUR 1 217,41 ◄;
(b) for officials in scales 4, 5 and 6, an amount of ►M17 EUR 913,07 ◄;
(c) for officials in scales 7, 8 and 9, an amount of ►M17 EUR 608,70 ◄;
(d) for officials in scales 10, 11, 12 and 13, an amount of
►M17 EUR 486,96 ◄.
2. The expatriation allowance shall be payable
(a) to officials:
—who are not and have never been nationals of the State in whose territory
the place where they are employed is situated, and
—who during the five years ending six months before they entered the
service did not habitually reside or carry on their main occupationwithin the European territory of that State. For the purposes of this
provision, circumstances arising from work done for another State or
for an international organisation or for the Europol Drugs Unit shallnot be taken into account;
(b) to officials who are or have been nationals of the State in whose territory the
place where they are employed is situated but who during the 10 years
ending at the date of their entering the service habitually resided outsidethe territory of the Member States of the European Union for reasonsother than the performance of duties in the service of a State or of an
international organisation.
3. For the purposes of paragraphs 1 and 2, an official who has, by marriage,
automatically acquired, without the possibility of renouncing it, the nationality ofthe State in whose territory his or her place of employment is situated, shall be
treated in the same way as an official covered by the first indent of paragraph
2(a).
SECTION 3
Reimbursement of expenses
A . Rent allowance
▼M3
Article 5
1. An official serving a contract of limited duration who is in receipt of an
expatriation allowance shall be entitled to a rent allowance if the actual rent costs
exceed 15 % of the net monthly salary in cases where he has one or moredependent children within the meaning of Article 2(2), if the actual rent costsexceed 17 % of the net monthly salary where he qualifies for a household
allowance, or exceed 20 % of the net monthly salary in other cases. Net
monthly salary within the context of this provision shall mean the net amountpaid out monthly to the official, including all allowances where applicable(except the rent allowance itself).
2. The rent allowance shall be 80 % of the actual rent costs exceeding the
amounts mentioned in paragraph 1 during the first four years of the contract.
After the first four years, the rent allowance shall be reduced by 20 % per year ofthe sum paid out during the fourth year. Where any change of accommodation
occurs after the first four years, the allowance shall be calculated on the basis of
this Article, and then reduced with the percentage arrived at from the applicationof this paragraph. Actual rent costs exceeding the reasonable maximum rent costsshall not be taken into account for the purposes of this calculation.
3. The reasonable maximum rent costs shall be ►
M17 EUR 1 718,01 ◄for
a single official, ►M17 EUR 2 290,68 ◄for an official sharing the accommo-
dation with his spouse and/or up to two dependent children within the meaning1999F0130 —EN—14.01.2007 —006.001 —48
▼M3
of Article 2(2), and ►M17 EUR 2 863,34 ◄for a staff member sharing the
accommodation with his spouse and/or three or more dependent children within
the meaning of Article 2(2).
4. Officials shall, when applying for the rent allowance, inform Europol of
their actual living arrangements, including information on whether or not theyshare their accommodation with their spouse and/or children. Where no such
information is supplied, the reasonable maximum rent costs shall be set at the
rate applicable for a single official.
5. For the purpose of calculating the rent allowance, only the net rent will be
taken into consideration, excluding furniture, taxes and any other charges.
6. The rent allowance shall under no circumstances be more than 40 % of the
actual rent costs or the reasonable maximum rent cost, whichever is the lower.
7. In cases where, under paragraphs 1 to 6, an official and his spouse
employed in the service of Europol are both entitled to a rent allowance, theyshall each be entitled to 50 % of the rent allowance due to each of them
individually.
8. The percentages mentioned in paragraph 1, as well as the reasonable
maximum rent costs, shall be reviewed each year within the context of thedecision on adaptation of the salaries on the basis of Article 44 of the StaffRegulations, taking account of the development of the rental market in The
Hague.
▼B
B . Travel expenses
Article 6
1. An official shall be entitled to reimbursement of travel expenses for
himself, his spouse and his dependants actually living in his household:
(a) on taking up his appointment, from the place where he was recruited to the
place where he is employed;
(b) on termination of service within the meaning of Articles 94 and 97 of the
Staff Regulations, from the place where he is employed to the place of originas defined in paragraph 3 below;
(c) on any transfer involving a change in the place where he is employed.
In the event of the death of an official, the widow, widower and dependants shall
be entitled to reimbursement of travel expenses under the same conditions.
Travel expenses shall also include the cost of seat reservations, transport of
luggage and, where applicable, hotel expenses necessarily incurred.
2. The basis for the calculation of reimbursement shall be:
—the shortest and most economical standard route by rail between the place of
employment and the place of recruitment or origin,
—first-class fare for officials in scales 1 to 6 of Article 45 of the Staff Regu-
lations, second-class for other officials. However, if the outward-and-returnjourney covers a distance of 800 km or more, officials in other scales shall
also be reimbursed the first-class fare,
—where the journey includes not less than six hours of night travel between 10
p.m. and 7 a.m., sleeping accommodation up to the cost of tourist class orcouchette, on production of the relevant ticket.
Where the route referred to in the first indent of the first subparagraph exceeds
500 km and in cases where the usual route includes a sea crossing, the official
concerned shall be entitled, on production of the tickets, to reimbursement of thecost of travel by air in the most economical way.
Where a means of transport other than those mentioned above is used, calculation
of reimbursement shall be based on the cost by rail in the appropriate class,
excluding sleeping accommodation. Where calculation on this basis is notpossible, the terms of reimbursement shall be determined by special decisionof the Director.
3. An official's place of origin shall be determined when he takes up his
appointment, account being taken of where he was engaged or the centre of
his interests. The place of origin as so determined may by special decision of1999F0130 —EN—14.01.2007 —006.001 —49
▼B
the Director be changed while the official is in service or when he leaves the
service. While he is in the service, however, such decision shall be taken only
exceptionally and on production by the official of appropriate supportingevidence.
Article 7
1. An official shall be entitled to be paid once each calendar year a sum
equivalent to the actual costs of travel incurred by him from the place wherehe is employed to his place of origin as defined in Article 6(3) for himself and, ifhe is entitled to the household allowance, for his spouse and dependants within
the meaning of Article 2, if the distance by rail between the place of employment
and the place of origin is more than 350 km.
Where an official and his spouse are both officials of Europol, each has the right
in respect of himself or herself and in respect of dependants to the payment of
travel expenses, in accordance with the above provisions; each dependant shallbe entitled to one payment only. The payment in respect of dependent children isfixed at the request of either spouse, on the basis of the place of origin of one or
other of them.
2. The reimbursement shall, on production of the ticket(s), be based on the
cost of a first-class return ticket by rail in the case of officials in scales 1 to 6 andof a second-class return ticket in the case of other officials. However, if the
distance of the outward-and-return journey is 800 km or more, payment for
officials in other scales shall also be based on the cost of a first-class ticket.Where calculation on these bases is not possible, the terms of payment shall befixed by special decision of the Director.
Where the distance by rail between the official's place of employment and his
place of origin exceeds 500 km and in cases where the usual route includes a seacrossing, he shall be entitled, on production of the tickets, to reimbursement ofthe cost of travel by air in the most economical way.
3. Where the official uses his private car for the purposes outlined in this
Article, he shall be reimbursed ►
M10 EUR 0,25 ◄per kilometre travelled, but
never more than the costs would have been had he travelled using public
transport.
▼M9
4. The preceding provisions shall apply to officials whose place of
employment and place of origin are in the territory of a Member State of the
European Union. An official whose place of origin is outside that territory shall
be entitled for himself and, if he is entitled to receive the household allowance,for his spouse and other dependants within the meaning of Article 2 once, ineach calendar year, subject to submission of supporting documents, to repayment
of the actual travel expenses to his place of origin, or to repayment of travel
expenses to another place not exceeding the expenses of travel to his place oforigin.
However, if the spouse and the persons referred to in Article 2(2) do not live
with the official at his place of employment, they shall be entitled once in each
calendar year, subject to the submission of supporting documents, to repaymentof travel expenses from the place of origin to the place of employment or torepayment of actual travel expenses to another place not exceeding the costs of
the former journey.
This shall also apply to officials whose place of employment is outside the
territory of a Member State of the European Union, but in such cases theDirector may decide, by special reasoned decision, that the official shall be
entitled to repayment in accordance with subparagraphs 1 and 2 a second time
within the same calendar year.
▼B
C . Removal expenses
Article 8
▼M3
1. The expenses incurred in respect of removal of furniture and personal
effects, including the cost of insurance against ordinary risks (breakage, theft,fire), shall be reimbursed to an official who is obliged to change his place of
residence in order to comply with Article 16 of the Staff Regulations and who
has not been reimbursed in respect of the same expenses from another source.1999F0130 —EN—14.01.2007 —006.001 —50
▼M3
Such reimbursement shall not exceed the amount of a quotation approved in
advance. Not less than two quotations shall be submitted to the appropriate
departments of Europol, which may, if they consider the quotation to beexcessive, select another removal firm. In the latter case, entitlement to reimbur-sement may be limited to the amount of that firm's quotation.
Reasonable expenses, other than removal costs, incurred by an official on taking
up appointment, being transferred or leaving the service with Europol shall, onthe basis of supporting documents, be reimbursed by special decision of the
Director.
▼B
2. On termination of service or on the death of an official, the expensesincurred in respect of removal from the place where he was employed to his
place of origin shall be reimbursed under the same procedure.
Where the deceased official had no spouse, the expenses shall be reimbursed to
those entitled under him.
3. Removal shall be effected within one year of the end of the probationary
period. On termination of service, removal shall be effected within three years.
Removal expenses arising after the expiry of the time-limits set out above shall
be reimbursed only in exceptional cases by special decision of the Director.
D . Mission expenses
▼M12
Article 9
1. An official travelling on official business (referred to as a ‘mission ’) and
holding an appropriate authorisation shall be entitled to the reimbursement of
mission expenses.
2. The authorisation shall state the probable duration of the mission, on the
basis of which shall be calculated any advance which the official may draw
against the subsistence allowance and travel and accommodation costs.
3. Any contribution, whether in kind or financial, received from a third party
in connection with a mission shall be declared to Europol by the official
concerned. Such contributions shall be deducted from the reimbursement towhich the official would otherwise be entitled.
4. Acting on a proposal of the Director, the Management Board acting by a
majority of two thirds of its members, shall lay down detailed rules on missionexpenses and the reimbursement thereof.
__________
▼B
E . Fixed reimbursement of expenses
►M12 Article 10 ◄
1. The Director and Deputy Directors who, by reason of their duties, incur
representation expenses may be granted a fixed rate allowance by theManagement Board, which shall determine the amount thereof in relation toactual costs.
2. In the case of officials who, as a result of special instructions, occasionally
incur representation expenses for official purposes, the amount of the represen-tation expenses to be reimbursed shall be determined by the Director, based upon
appropriate receipts.
▼M3
F . General provision
►M12 Article 11 ◄
An official shall be obliged, when taking up his service with Europol, to inform
Europol of all circumstances affecting his entitlements to allowances under the
Staff Regulations. He shall also be obliged to inform Europol without undue
delay of any subsequent changes to these circumstances.1999F0130 —EN—14.01.2007 —006.001 —51
▼M9
G . Resettlement allowance
Article 12
1. A resettlement allowance equal to one month's basic salary for an official
who is entitled to the household allowance or to a half month's basic salary inother cases, shall be paid to an official who is obliged to change his place of
residence for reasons related to a decision of the Director to transfer the official
to another place of employment.
In cases where a husband and wife who are officials of Europol are both entitled
to the resettlement allowance, this shall be payable only to the person whose
basic salary is the higher.
The resettlement allowance shall be weighted at the rate fixed for the place where
the official is employed.
2. The resettlement allowance shall be calculated by reference to the official's
marital status and salary on the day of his transfer to a new place of employment.
3. If the official so requests, fifty percent of the resettlement allowance shall
be paid in advance. The remaining fifty percent shall be paid on production of
documents establishing that the official, and his family, if he is entitled to thehousehold allowance, has settled at the place where he will be employed.
4. Notwithstanding paragraph 2, an official who is entitled to the household
allowance and does not settle with his family at the place where he is employed
shall receive only half the allowance to which he would otherwise be entitled.
The second half shall be paid when his family settles at the place where he isemployed, provided that it does so within the period of one year of the date ofhis transfer. Where the official is transferred to the place where his family resides
before his family has settled at the place where he is employed, he shall not
thereby be entitled to a resettlement allowance.1999F0130 —EN—14.01.2007 —006.001 —52
▼B
APPENDIX 6
Pension scheme
CONTENTS
Article
CHAPTER 1: General provisions 1
CHAPTER 2: Retirement pension and severance grant
Section 1: Retirement pension 2-9
Section 2: Severance grant 10
CHAPTER 3: Invalidity pension 11-14
CHAPTER 4: Survivor's pension 15-27
CHAPTER 5: Provisional pensions 28-31CHAPTER 6: Allowances 32-33
CHAPTER 7: Contributions and payment of benefits 34-37
CHAPTER 1
GENERAL PROVISIONS
Article 1
1. Where the medical examination made before an official takes up his duties
shows that he is suffering from sickness or invalidity, the Director, insofar asrisks arising from such sickness or invalidity are concerned, may decide to admitthat official to guaranteed benefits in respect of invalidity or death only after a
period of four years from the date of his entering the service of Europol.
2. An official on leave for national service as defined in Article 42 of the Staff
Regulations shall cease to benefit from the guarantees in respect of invalidity or
death arising directly from an accident sustained, or sickness contracted, byreason of such service. The foregoing provisions shall not affect the entitlementof survivors to pension on the basis of rights acquired by the official on the date
when he is placed on such leave.
3. Where in this Appendix a widow or divorced wife is mentioned, it shall
equally apply to a widower or divorced husband.
CHAPTER 2
RETIREMENT PENSION AND SEVERANCE GRANT
Section 1
Retirement pension
Article 2
A retirement pension shall be payable on the basis of the total number of years of
pensionable service acquired by the official. Each year of service reckoned as
provided for in Article 3 shall entitle him to one year of pensionable service and
each complete month to one twelfth of a year of pensionable service.
The maximum number of years of pensionable service which may be taken into
account for the calculation of retirement pension rights shall be 35.
Article 3
For the purpose of calculating years of pensionable service within the meaning of
Article 2, the following shall be taken into account:
(a) the period of service as an official of Europol in accordance with the Staff
Regulations;1999F0130 —EN—14.01.2007 —006.001 —53
▼B
(b) a period of personal leave taken in accordance with Article 41 of the Staff
Regulations;
provided that the official concerned has paid his share of the pension contribution
in respect of such periods of service.
Article 4
An official who having previously completed a period of activity in the service
of Europol as an official resumes active employment with Europol shall acquire
further pension rights. He may request that, for the purpose of calculating his
pension rights, the whole of the period of service as an official for whichcontributions have been paid be taken into account, subject to his repayingany sums paid to him pursuant to Article 10 of this Appendix or to Article 77
of the Staff Regulations or received by him by way of retirement pension, plus
compound interest at the rate of 3,5 % per annum.
Where the official, being entitled to a retirement pension, does not repay the
sums referred to in the first paragraph, a capital sum representing the actuarialequivalent of his retirement pension as at the date on which such pension ceasedto be paid to him, plus compound interest at the rate of 3,5 % per annum, shall
be paid to him in the form of a deferred retirement pension payable at the age
when he ceases to perform his duties.
Where an official, on terminating his service, is entitled to a severance grant, this
grant shall be reduced by the amount of the payments made under Article 79 of
the Staff Regulations increased with compound interest at the rate of 3,5 % perannum; where he is entitled to a retirement pension, his pension rights shall bereduced in proportion to the payments made under that Article.
Article 5
The minimum subsistence figure for the purpose of calculating pension benefits
shall correspond to the gross basic salary of scale 13, first incremental point,
provided that the person concerned has no pension rights from other sources.
Article 6
‘Actuarial equivalent of the retirement pension ’means the capital value of the
benefits accruing to the official, calculated by reference to the latest mortalitytables compiled by the budgetary authorities of the European Communities inaccordance with Article 35, the rate of interest applicable being 3,5 % per
annum.
Article 7
An official leaving the service before reaching the age of 62 years may request
that his retirement pension:
—be deferred until the first day of the calendar month following that in which
he reaches the age of 62, or
—be paid immediately, provided that he is not less than 52 years of age. In this
case, the retirement pension shall be reduced by an amount calculated by
reference to the official's age when he starts to draw his pension, as shown in
the following table:
Pension payable on early retirement expressed in terms of the pension
payable on retirement at age 62
Retirement at age Coefficient
52 0,50678
53 0,5383454 0,57266
55 0,61009
56 0,655821999F0130 —EN—14.01.2007 —006.001 —54
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Retirement at age Coefficient
57 0,69582
58 0,74508
59 0,79936
60 0,8593761 0,92593
Article 8
The right to receive payment of retirement pension shall have effect from the first
day of the calendar month following that in which the official, whether auto-matically or at his own request, becomes eligible for that pension; he shallcontinue to receive his remuneration unteil his pension becomes payable.
Article 9
1. An official who leaves the service of Europol to:
—enter the service of a government administration or a national or international
organisation which has concluded an agreement with Europol,
—pursue an activity in an employed or self-employed capacity, by virtue of
which he acquires pension rights under a scheme whose administrative bodies
have concluded an agreement with Europol,
shall be entitled to have the actuarial equivalent of his retirement pension rights
in Europol transferred to the pension fund of that administration or organisationor to the pension fund under which he acquires retirement pension rights by
virtue of the activity pursued in an employed or self-employed capacity.
2. An official who enters the service of Europol after:—leaving the service of a government administration or of a national or inter-
national organisation, or
—pursuing an activity in an employed or self-employed capacity,
shall be entitled upon establishment to have paid to the Europol fund mentioned
in Article 37 either the actuarial equivalent or the flat-rate redemption value of
retirement pension rights acquired by virtue of such service or activities.
In such case Europol shall, taking into account his salary scale on establishment,
determine the number of years of pensionable service with which he shall be
credited under its own pension scheme in respect of the former period of service,
on the basis of the amount of the actuarial equivalent of sums repaid as aforesaid.
3. Paragraph 2 shall also apply to an official who is reinstated after a period of
leave on personal grounds under Article 41 of the Staff Regulations.
Section 2
Severance grant
Article 10
An official aged less than 62 years whose service terminates otherwise than by
reason of death or invalidity and who is not entitled to a retirement pension and
cannot benefit from the provisions of Article 9(1) shall be entitled on leaving theservice to payment of:
(a) the aggregate amount deducted from his basic salary in respect of his pension
contributions, plus compound interest at the rate of 3,5 % per annum;
(b) provided that his contract has not been terminated for disciplinary reasons as
specified in Article 88 of the Staff Regulations, a severance grant propor-tionate to his actual length of service, calculated on the basis of one monthfor each year of service of the last basic salary before deductions. In cases
covered by Article 9(2), the period of former service shall likewise be
deemed to be actual service, to the extent of the number of years of1999F0130 —EN—14.01.2007 —006.001 —55
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pensionable service which Europol credited to him in accordance with the
second subparagraph of Article 9(2);
(c) the total sum paid to the Europol fund mentioned in Article 37, in
accordance with Article 9(2), plus compound interest at the rate of 3,5 %per annum.
CHAPTER 3
INVALIDITY PENSION
Article 11
Subject to the provisions of Article 1(1), an official aged less than 65 years who
at any time during the period in which he is acquiring pension rights is
recognised by the Invalidity Committee to be suffering from total permanent
invalidity preventing him from performing the duties corresponding to a postin his salary scale, and who is obliged on these grounds to end his service with
Europol shall be entitled, for so long as such incapacity persists, to invalidity
pension as provided for in Article 65 of the Staff Regulations.
Invalidity pension and retirement pension shall not be paid concurrently.
Article 12
The right to receive payment of invalidity pension shall have effect from the first
day of the calendar month following the official's retirement under Article 65 of
the Staff Regulations.
When the former official ceases to satisfy the requirements for payment of the
pension he must be reinstated in the first post corresponding to his salary scalewhich falls vacant in his type of post, provided that he satisfies the requirements
for that post. If he declines the post offered to him, he shall retain his right to
reinstatement when the next vacancy corresponding to his salary scale occurs inhis type of post subject to the same proviso; if he declines a second time, he maybe required to resign.
Where a former official in receipt of invalidity pension dies, entitlement to
pension shall cease at the end of the calendar month during which he died.
Article 13
While a former official drawing invalidity pension is aged less than 62 years,
Europol may have him medically examined periodically to ascertain that he still
satisfies the requirements for payment of the pension.
In case of invalidity of an official on a fixed-term contract, the seconding
national authority may on the date that the contract would have expired alsohave a national medical examination to determine whether the official can be
deemed suitable for reintegration into that authority.
▼M3
If an official entitled to a Europol invalidity pension is receiving an invalidity
pension from a separate national scheme for employees, on the basis of the same
situation for which he is receiving a Europol invalidity pension, or is receiving
professional income, the Europol invalidity pension shall be reduced so that thetotal amount of net income received does not exceed the maximum permissibleentitlements under Article 65(1) of the Staff Regulations.
▼B
Article 14
Where a former official who has been drawing invalidity pension is reinstated in
Europol, the time during which he received invalidity pension shall be included
for the purpose of calculating his retirement pension, without payment by him of
arrears of contributions.1999F0130 —EN—14.01.2007 —006.001 —56
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CHAPTER 4
SURVIVOR'S PENSION
Article 15
Where an official dies while in the active service of Europol or on personal leave
in accordance with the Staff Regulations, his widow shall be entitled, providedthat she has been married to him for at least one year at the time of his death andsubject to the provisions of Articles 1(1) and 21, to a widow's pension equal to
60 % of the retirement pension which the official would have been paid if he had
qualified, irrespective of length of service or of age, for such pension at the timeof death.
The duration of the marriage shall not be taken into account if there are one or
more children of the marriage or of a previous marriage of the official providedthat the widow maintains or has maintained those children, or if the official's
death resulted either from physical disability or sickness contracted in the
performance of his duties or from accident.
Article 16
Where a former official was in receipt of retirement pension his widow shall be
entitled, provided that she had been married to him for at least one year when heleft the service of Europol, and subject to the provisions of Article 21, to a
widow's pension equal to 60 % of the retirement pension which he was
receiving at the time of his death. The minimum widow's pension shall be35 % of the last basic salary; the amount of the widow's pension shall in nocase, however, exceed the amount of the retirement pension which her husband
was receiving at the time of his death.
The duration of the marriage shall not be taken into account if there are one or
more children of a marriage contracted by the official before he left the service,
provided that the widow maintains or has maintained those children.
Article 17
The widow of a former official who left the service before reaching the age of 62
years and requested that his retirement pension be deferred until the first day ofthe calendar month following that during which he reached the age of 62 years
shall be entitled, provided that she has been married to him for at least one year
when he left the service of Europol, and subject to the provisions of Article 21,to a widow's pension equal to 60 % of the retirement pension which would havebeen payable to her husband at the age of 62 years. The minimum widow's
pension shall be 35 % of the last basic salary; the amount of the widow's
pension shall in no case, however, exceed the amount of the retirementpension to which the official would have been entitled at the age of 62 years.
The duration of the marriage shall not be taken into account if there are one or
more children of a marriage contracted by the former official before he left theservice provided that the widow maintains or has maintained those children.
▼M3
Article 18
Where a former official was in receipt of an invalidity pension, his widow shall
be entitled, subject to the provisions of Article 21, provided that she was marriedto him when he became eligible for the pension, to a widow's pension equal to60 % of the invalidity pension which he was receiving at the time of his death or
would have been receiving but for commutation.
The minimum widow's pension shall be 35 % of the final basic salary; the
amount of the widow's pension shall in no case, however, exceed the amount
of the invalidity pension which her husband was entitled to at the time of hisdeath;
▼B
Article 19
For the purpose of Articles 15, 16 and 17, the duration of the marriage shall not
be taken into account where the marriage, though contracted after termination of
the official's service, has lasted at least five years.1999F0130 —EN—14.01.2007 —006.001 —57
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Article 20
1. The orphan's pension provided for in the first, second and third subpara-
graphs of Article 69 of the Staff Regulations shall for the first orphan be equal toeight tenths of the survivor's pension to which the widow of an official or former
official in receipt of a retirement or invalidity pension would have been entitled,
the reductions set out in Article 23 of this Appendix being disregarded.
It shall not be less than the minimum subsistence figure, subject to the provisions
of Article 21 of this Appendix.
2. The pension shall be increased, for each dependent child after the first, by
an amount equal to twice the dependent child allowance.
Orphans shall be entitled to education allowance in accordance with Article 3 of
Appendix 5.
3. The total amount of pension and allowance calculated in this way shall be
divided equally among the orphans entitled.
Article 21
Where an official leaves a widow and also orphans of a previous marriage or
other persons entitled under him, the total pension, calculated as if for a widow
having all these persons dependent on her, shall be apportioned among the
various persons concerned in proportion to the pensions which would havebeen payable to each category of them if treated separately.
Where an official leaves orphans of different marraiges, the total pension,
calculated as though all the children were of the same marriage, shall be appor-
tioned among the various persons concerned in proportion to the pensions whichwould have been payable to each category of them if treated separately.
For the purposes of calculating this apportionment, children of a previous
marriage of either spouse, who are recognised as dependants within themeaning of Article 2 of Appendix 5 shall be included in the category ofchildren of the marriage to the official or former official in receipt of a retirement
or invalidity pension.
In the case envisaged in the second paragraph, ascendants who are recognised as
being dependants as provided for in Article 2 of Appendix 5 shall be treated inthe same way as dependent children and, for the purpose of calculating the
apportionment, included in the category of descendants.
Article 22
The right to receive payment of survivor's pension shall have effect from the first
day of the calendar month following that in which the official or former official
in receipt of a retirement or invalidity pension died.However, where the paymentprovided for in Article 48 of the Staff Regulations is made on the death of theofficial or of the person entitled to a pension, such right shall take effect on the
first day of the fourth month following that in which death occurred.
The right to receive payment of survivor's pension shall cease at the end of the
calendar month in which the recipient of the pensions dies or ceases to satisfy the
requirements for payment of the pension.
Article 23
Where the difference in age between the deceased official or former official in
receipt of a retirement or invalidity pension and his surviving spouse, less the
length of time they have been married, is more than 10 years, the survivor's
pension, calculated in accordance with the preceding provisions, shall be subjectto a reduction, per full year of difference, amounting to:
—1 % for between 10 and 20 years,
—2 % for between 20 and 24 years,
—3 % for between 25 and 29 years,
—4 % for between 30 and 34 years,
—5 % from 35 years.1999F0130 —EN—14.01.2007 —006.001 —58
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Article 24
A widow's entitlement to survivor's pension shall cease on remarriage. She shall
be entitled to immediate payment of a capital sum equal to twice the annualamount of her survivor's pension, provided that the second paragraph of Article
69 of the Staff Regulations does not apply.
Article 25
The divorced wife of an official or a former official shall be entitled to a
survivor's pension, as defined in this chapter, provided that, on the death of
her former husband, she can justify entitlement on her own account to receive
maintenance from him by virtue of a court order or as a result of a settlementbetween herself and her former husband.
The survivor's pension may not, however, exceed the amount of maintenance
paid at the time of her former husband's death.
The divorced wife's entitlement shall cease if she remarries before her former
husband dies. The provisions of Article 24 shall apply if she remarries after her
former husband dies.
Article 26
Where the deceased official leaves more than one divorced wife entitled to
survivor's pension or one or more divorced wives and a widow entitled to asurvivor's pension, that pension shall be divided in proportion to the respective
duration of the marriages. The provisions of the second and third subparagraphs
of Article 25 shall apply.
If any of the persons entitled to pension dies or renounces her share, her share
shall accrue to the shares of the other persons, except where there are orphans'rights under the second paragraph of Article 69 of the Staff Regulations.
Reductions in respect of difference in age, as provided for in Article 23, shall be
applied separately to pensions divided in accordance with this Article.
Article 27
Where, under Article 82 of the Staff Regulations, the divorced wife ceases to be
entitled to a pension, the total pension shall be payable to the widow, providedthe second paragraph of Article 69 of the Staff Regulations does not apply.
CHAPTER 5
PROVISIONAL PENSIONS
Article 28
The spouse or persons recognised as dependants of an official in active service to
Europol or on personal leave in accordance with the Staff Regulations whose
whereabouts are unknown for more than one year provisionally receive thesurvivor's pension to which they would be entitled under this Appendix.
Article 29
The spouse or persons recognised as dependants of a former official in receipt of
retirement or invalidity pension whose whereabouts are unknown for more than
one year may provisionally receive the survivor's pension to which they wouldbe entitled under this Appendix.
Article 30
The provisions of Article 29 shall apply to persons recognised as a dependant of
a person in receipt of or entitled to a survivor's pension whose whereabouts are
unknown for more than one year.1999F0130 —EN—14.01.2007 —006.001 —59
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Article 31
Provisional pensions under Articles 28, 29 and 30 shall be converted into defi-
nitive pensions when the death of the official, former official or person entitled toa survivor's pension has been duly confirmed or he has been legally declared
missing, presumed dead.
CHAPTER 6
ALLOWANCES
Article 32
The provisions of the second paragraph of Article 75 of the Staff Regulations
shall apply to persons in receipt of a provisional pension.
The provisions of Article 75 of the Staff Regulations shall not apply to children
born more than 300 days after the death of the official or former official in
receipt of a retirement or invalidity pension.
Article 33
The award of a retirement, invalidity or survivor's pension or of a provisional
pension shall not entitle the pensioner to expatriation allowance, nor to the rent
and education allowance. However, the survivors and the invalidated officials
shall remain entitled to the rent allowance and the education allowance, but notfor a longer term than they would have been entitled to such allowances underactive service conditions.
CHAPTER 7
CONTRIBUTIONS AND PAYMENT OF BENEFITS
Article 34
An official on leave on personal grounds who continues to acquire further
pension rights on the conditions laid down in Article 41 of the Staff Regulations
shall continue to pay the contribution referred to in Article 78 of the StaffRegulations on the basis of the salary carried by his salary scale and incremental
point.
All benefits to which any such official or those entitled under him may be
entitled under this pension scheme shall be calculated on the basis of such salary.
Article 35
1. The budgetary authorities of Europol shall after each period of five years,
after consulting one or more qualified actuaries, the Director and the Staff
Committee, lay down mortality and invalidity tables and the assumed salaryincreases for use in calculating the actuarial values provided for in the StaffRegulations and in this Appendix.
▼M15__________
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Article 36
Any sums due from an official or former official in receipt of a retirement or
invalidity pension to Europol at the date when a benefit is payable under this
pension scheme shall be deducted from the amount of his benefit or from the
benefits payable to those entitled under him. The deduction may be spread over anumber of months.
Article 37
1. An independent provisional pension fund shall be established for the sole
purpose of the financing and execution of the payments under this pension1999F0130 —EN—14.01.2007 —006.001 —60
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scheme. The employee contribution (8,25 %) and employer contribution (16,5 %)
shall be deposited monthly in the fund. The means available in the fund may not
be directed temporarily nor definitively to any purpose but investment for thefinancing and execution of the payments under this pension scheme.
2. The fund shall be managed externally.3. The rules governing the fund shall be laid down by the Council.1999F0130 —EN—14.01.2007 —006.001 —61
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APPENDIX 7
Composition and procedure of the Staff Committee, the Invalidity
Committee and the Disciplinary Board
SECTION 1
Staff Committee
Article 1
A Staff Committee shall be set up, which shall represent the collective interests
of Europol staff in their relations with the Director of Europol.
The conditions for election to the Staff Committee shall be laid down by the
general assembly of the officials of Europol. Election shall be by secret ballot.
Elections to the Staff Committee shall be valid only if the majority of the
officials entitled to vote take part. If this proportion is not attained, a subsequentgeneral assembly may validly vote by the majority of those present.
The Staff Committee shall comprise a maximum of seven members, together
with their alternates if any, whose term of office shall be two years. Europol
may, however, decide to fix a shorter term of office, which may not be less than
one year. Every official of Europol shall be entitled to vote and stand forelection. The Committee shall elect a chairman.
Membership of the Staff Committee shall be such as to ensure the representation
of all officials. The Director shall take steps to ensure the appropriate cooperationbetween the Staff Committee and representatives of local staff.
The duties undertaken by members of the Staff Committee shall be deemed to be
part of their normal service in Europol. The fact of performing such duties shall
in no way be prejudicial to the persons concerned.
Taking into account the real workload of his task, the Chairman of the Staff
Committee could be attributed a partial working exemption by the Director.
Article 2
The Staff Committee shall meet at the request of the Director or at its own
initiative.
The proceedings of the Committee shall be valid only if the majority of the
members or, in their absence, their alternates are present.
The opinion of the Committee shall be communicated in writing to the Director
within five days of its adoption.
Any member of the Committee may require that his views be recorded in the
opinion of the Committee.
Europol shall put appropriate accommodation at the disposal of the Staff
Committee.
SECTION 2
Invalidity Committee
Article 3
The Invalidity Committee shall consist of three doctors:
—one appointed by Europol,
—one appointed by the official concerned, and
—one appointed by agreement between the first two doctors.
Should the official concerned fail to appoint a doctor, the President of the Court
of Justice of the European Communities shall appoint one.
In the event of failure to agree on the appointment of a third doctor within two
months of the appointment of the second doctor, the third shall be appointed by1999F0130 —EN—14.01.2007 —006.001 —62
▼B
the President of the Court of Justice of the European Communities at the request
of one of the parties concerned.
Article 4
Expenses incurred in connection with the proceedings of the Invalidity
Committee shall be borne by Europol.
Where the doctor appointed by the official concerned is resident elsewhere than
at the place where the official is employed, the official shall bear the costs of the
additional fees entailed, with the exception of first-class travel expenses, which
shall be refunded by Europol.
Article 5
The official may submit to the Invalidity Committee any reports or certificates
from his regular doctor or from any medical practitioners whom he may haveconsulted.
The Invalidity Committee's conclusions shall be communicated to the Director
and to the official concerned.
The proceedings of the Committee will not be made public.
SECTION 3
Disciplinary Board
Article 6
The Disciplinary Board shall consist of a Chairman and four members. They
shall be assisted by a secretary.
Article 7
1. The Director shall each year appoint the Chairman of the Disciplinary
Board. The Chairman shall in no circumstances also be a member of the StaffCommittee.
The Director shall also draw up a list of members for the Board.
The Staff Committee shall at the same time transmit a similar list to the Director.
2. Within five days of receipt of a report initiating either disciplinary
proceedings or the procedure provided for in Article 18 of the Staff Regulations,the Chairman of the Disciplinary Board shall, in presence of the officialconcerned, draw lots from among the names in the abovementioned lists to
decide which four members shall constitute the Board, two being drawn from
each list.
Members of the Disciplinary Board shall not be of a lower scale than that of the
official whose case the Board is to consider. If possible, one member shall be in
the same scale as the official concerned.
The Chairman shall inform each member of the composition of the Board.
3. Within five days of the formation of the Disciplinary Board, the official
charged may make an objection in respect of any of its members other than theChairman.
Within the same period any member of the Disciplinary Board may ask to be
excused from serving, provided he has legitimate grounds.
The Chairman of the Disciplinary Board shall, by drawing lots, fill any vacancies
arising.
Article 8
Members of the Disciplinary Board shall be completely independent in the
performance of their duties.
The proceedings of the Board shall not be made public.1999F0130 —EN—14.01.2007 —006.001 —63
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SECTION 4
Disciplinary proceedings
Article 9
A report shall be submitted to the Disciplinary Board by the Director, stating
clearly the facts complained of and, where appropriate, the circumstances inwhich they arose.
The report shall be communicated to the Chairman of the Disciplinary Board,
who shall bring it to the attention of the members of the Board and of the officialcharged.
Article 10
On receipt of the report, the official charged shall have the right to see his
complete personal file and to take copies of all documents relevant to the
proceedings.
Article 11
At the first meeting of the Disciplinary Board the Chairman shall appoint one of
its members to prepare a general report on the matter.
Article 12
The official charged shall have not less than 15 days from the date of receipt of
the report initiating disciplinary proceedings to prepare his defence.
When the official appears before the Disciplinary Board he shall have the right to
submit observations in writing or orally, to call witnesses and to be assisted inhis defence by a person of his own choice.
Article 13
Europol shall likewise have the right to call witnesses.
Article 14
If the Disciplinary Board requires further information concerning the facts
complained of or the circumstances in which they arose, it may order an
inquiry in which each side can submit its case and reply to the case of theother side.
The inquiry shall be conducted by the rapporteur. For the purpose of inquiry, the
Board may call for any documents relating to the matter before it.
Article 15
After consideration of the documents submitted and having regard to any
statements made orally or in writing by the official concerned and by
witnesses, and also to the results of any inquiry undertaken, the Disciplinary
Board shall, by majority vote, deliver a reasoned opinion of the disciplinarymeasure appropriate to the facts complained of and transmit the opinion to theDirector and to the official concerned within one month of the date on which the
matter was referred to the Board. The time-limit shall be three months where an
inquiry has been held on the instructions of the Board.
In the event of criminal proceedings, the Disciplinary Board may decide not to
deliver its opinion until after the court has given its decision.
The Director shall take his decision within one month; he shall first hear the
official concerned.
Article 16
The Chairman of the Disciplinary Board shall not vote on matters before the
Board save on procedural questions or in case of equality of votes.1999F0130 —EN—14.01.2007 —006.001 —64
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He shall ensure that the decisions of the Board are implemented and shall bring
all relevant information and documents to the attention of each of its members.
Article 17
The secretary shall keep minutes of meetings of the Disciplinary Board.
Witnesses shall sign the minute recording their depositions.The reasoned opinion provided for in Article 15 shall be signed by all members
of the Disciplinary Board.
Article 18
Costs incurred on the initiative of an official in the course of disciplinary
proceedings, in particular fees to a person chosen for his defence, shall beborne by the official where the disciplinary proceedings result in any of the
measures provided for under Article 88(2)(c) to (f) of the Staff Regulations.
Article 19
Where there are new facts which are supported by relevant evidence, disciplinary
proceedings may be reopened by the Director on his own initiative or at the
request of the official concerned.1999F0130 —EN—14.01.2007 —006.001 —65
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APPENDIX 8
Special provisions concerning the Director and Deputy Directors
CONTENTS
Articles
CHAPTER 1: Selection procedures....................................... 1-12
CHAPTER 2: Termination of service ................................... 13
Section 1: Resignation ................................... 14
Section 2: Compulsory resignation ............... 15
Section 3: Retirement in the interests of
Europol............................................................ 16
Section 4: Dismissal....................................... 17
Section 5: Retirement..................................... 18
CHAPTER 3: Disciplinary proceedings
Section 1: Disciplinary measures .................. 19-21
Section 2: Special provisions for the case
provided for in Article 29(6) of theEuropol Convention........................................ 22-33
CHAPTER 4: Appeals ........................................................... 34
CHAPTER 5: Special provisions concerning the Director .. 35
CHAPTER 1
SELECTION PROCEDURES
Article 1
The preparation of the opinion of the Management Board on the appointment of
the Director or a Deputy Director to be provided to the Council pursuant toArticle 29(1) of the Europol Convention shall take place in accordance with
the provisions of this Chapter.
Article 2
1. Selection for the post of Director or Deputy Director of Europol shall have
the objective of securing for Europol the services of persons of the higheststandard of ability, efficiency and integrity.
2. The selection procedure shall fully respect the principles enshrined in
Article 24(1) of the Staff Regulations.
Article 3
1. A post for Director or Deputy Director of Europol shall be deemed to be
vacant for the purpose of the application of the provisions of this Chapter:
—as from nine months before the end of the term of office of the Director or a
Deputy Director,
—upon receipt by the Council of a letter of resignation of the Director or a
Deputy Director, in accordance with Article 14,
—upon a decision of the Council on compulsory resignation, in accordance
with Article 15,
—upon a decision of the Council on retirement in the interest of the service, in
accordance with Article 16,
—upon a decision of the Council on dismissal, in accordance with Article 17,
—as from nine months before the date on which the Director or Deputy
Director reaches the age of 65,1999F0130 —EN—14.01.2007 —006.001 —66
▼M7
—upon the death of the Director or a Deputy Director.
2. For each vacant post, an advertisement shall be drawn up by the
Management Board describing in detail the nature of the post, including remu-neration, the duties to be performed, and the qualifications, skills and experiencerequired.
The advertisement shall indicate that applicants must submit their applications in
writing, accompanied by a curriculum vitae, to the Chairman of the ManagementBoard within 60 days of the date of publication in the Official Journal of the
European Communities of the advertisement, referred to in the first subparagraph,
as specified in the advertisement.
The said advertisement shall also provide information on the security screening
to be applied to the successful applicant in compliance with the confidentialityregulations adopted pursuant to Article 31 of the Europol Convention.
Article 4
1. The Management Board shall ensure that the advertisement referred to in
Article 3(2) shall be published in the Official Journal of the European Commu-
nities , and in other media, including national newspapers and specialised peri-
odicals, to ensure maximum exposure in all the Member States.
2. Europol shall inform the Europol National Units of a vacancy for a post of
Director or Deputy Director. The National Units shall inform the relevant
agencies within their Member State of the vacancy. The competent national
authorities shall be responsible for ensuring that the vacancy is brought to theattention of the agencies and all the personnel concerned.
3. For all vacant posts, both internal and external applications shall be
considered.
4. Europol shall send an acknowledgement of receipt to the applicants.5. Europol shall inform the Europol National Units of the applications
received in order to allow the Member States, through their National Unit or
otherwise, to forward to the Management Board an advice regarding the
applicants. The authorities of the Member States involved in this procedureshall maintain the strictest confidentiality with regard to the information received.
6. As part of the admissibility procedure, evidence shall be provided through
documentation issued by the Member State concerned that a candidate complies
with the appropriate character references as to the suitability for the performanceof the vacant function.
Article 5
1. The Management Board shall set up a Committee (hereinafter referred to as
‘the Committee ’) to prepare the Management Board's opinion to be submitted to
the Council in accordance with Article 29(1) of the Europol Convention. The
Committee shall make an initial assessment of the applicants.
2. For the post of Deputy Director, the Committee shall comprise the Director
or his delegate as one of its members. Furthermore, four Member States indicatedto that end by drawing lots by the Management Board, shall assign a represen-
tative to serve as a member of the Committee.
3. For the post of Director, five Member States indicated to that end by
drawing lots by the Management Board, shall assign a representative to serveas a member of the Committee.
4. The members of the Committee assigned to serve pursuant to paragraphs 2
and 3 shall serve as members of the Committee until the selection procedure hasbeen completed.
5. Where there is reason to believe that a member of the Committee has a
personal relationship with one of the applicants for the post, he shall not parti-
cipate in the selection process. In such cases, the Member State which presentedthe member shall propose to the Management Board that he be replaced and shallassign another representative to serve as a member of the Committee.
6. The secretariat of the Management Board shall provide the secretariat of the
Committee.1999F0130 —EN—14.01.2007 —006.001 —67
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Article 6
1. At the first meeting of the Committee, the members shall indicate one of its
members as Chairman.
2. The Committee may request the assistance of one or more assessors for the
performance of its tasks. Such request shall be addressed to the Chairman of the
Management Board who shall decide on the matter. Assessors shall not have thestatus of members of the Committee.
3. The tasks of the Committee shall include:
(a) making an initial assessment of the applicants, taking into account their
professional qualifications, skills and experience;
(b) interviewing applicants;
(c) reporting to the Management Board.
Article 7
1. Where it is deemed necessary, the Management Board may decide to
organise a specific post-related assessment procedure. The Management Board
shall decide on the specific necessities.
In that case, the assessment procedure shall be conducted by the Committee in
order to appraise the specific qualifications and expertise of the applicants for thepost concerned.
2. The Committee shall interview all applicants whose application is
admissible and who meet the requirements set out in the advertisement, with aview to assessing their qualifications, skills and experience required and theirability to perform the duties inherent to the post to be filled. The interviews shall
also be used to test the applicants' knowledge of the official languages of the
institutions of the European Union with reference to Article 30(2) of the EuropolConvention and Article 1 of this Appendix.
3. Where considered necessary by the Committee, a second round of
interviews for all or some of the applicants may be held.
Article 8
The tests and interviews shall be held in The Hague. Travel expenses and any
subsistence and hotel accommodation expenses shall be reimbursed to the
applicants, the members of the Committee and the assessors in accordance
with the rules laid down in Appendix 5.
Article 9
Once the interviews have been completed, the Committee shall draw up a duly
reasoned report on the applications received and the procedure followed by it.The decision of the Committee establishing the report shall be taken by simplemajority. The said report shall be forwarded to the Management Board as soon as
possible after the interviews have been held, together with the curriculum vitae of
the applicants whose application is admissible and who meet the requirements setout in the advertisement.
Article 10
1. On the basis of the report of the Committee and any further information it
may wish to obtain from the Committee, the Management Board shall draw upan opinion to be submitted to the Council.
2. The Management Board may, if it deems this necessary, hear some or all of
the applicants before drawing up its opinion. If it so happens that a member of
the Management Board is also on the list of applicants, he shall not be presentwhen the opinion of the Management Board is drawn up.
3. In its opinion, the Management Board shall present the full list of the
applicants, indicating among them a short-list of suitable applicants together
with the full file of each of those applicants.1999F0130 —EN—14.01.2007 —006.001 —68
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4. The Management Board shall ensure that the applicants on the short-list
meet the conditions for engagement provided for in Article 24(2)(d) and (3) of
the Staff Regulations.
5. The Chairman of the Management Board shall forward the opinion of the
Management Board to the Council in order to allow the latter to take its decisionas envisaged by Article 29(1) of the Europol Convention on the basis of allrelevant information.
Article 11
Members of the Committee, assessors, as well as members of the Management
Board and Europol officials involved, shall maintain the strictest confidentiality
with regard to the applicants and the results of the selection procedure.
Article 12
Where the terms of office of the Director or a Deputy Director can be renewed in
accordance with Article 29(1) or (2) of the Europol Convention, the Management
Board may decide, by majority vote, to derogate from the procedure established
in this Chapter. In such cases the Management Board shall draw up, at the latesttwelve months before the term of office ends, an opinion advising the Council torenew the term of office. The procedure laid down in this Chapter shall be
followed when the Council decides not to renew the nomination or when the
Council fails to take a decision in this respect within three months after thereceipt of the Management Board opinion.
CHAPTER 2
TERMINATION OF SERVICE
Article 13
The service of the Director or a Deputy Director of Europol shall be terminated
by:
(a) resignation;
(b) compulsory resignation;
(c) retirement in the interests of Europol;
(d) dismissal following a disciplinary procedure;
(e) retirement; or
(f) death.
Section 1
Resignation
Article 14
1. A Director or Deputy Director who wishes to resign before the end of his
term of office shall state unequivocally in writing his intention to leave the
service of Europol, proposing the date on which his resignation should takeeffect. The letter of resignation shall be addressed to the President of theCouncil, with a copy to the Chairman of the Management Board.
2. The Council shall take its decision confirming the resignation within two
month of receiving the letter of resignation. The Council may, however, refuse to
accept the resignation if disciplinary proceedings against the person concerned
are in progress at the date of the receipt of the letter or if such proceedings arestarted within the following 60 days.
3. Resignation shall take effect on the date specified by the Council. That date
shall not be later than three months after the date proposed by the personconcerned in his letter of resignation. However, the Council may, if necessary
for the good functioning of Europol, stipulate that such resignation shall not take
effect until his successor has taken up his duties.1999F0130 —EN—14.01.2007 —006.001 —69
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Section 2
Compulsory resignation
Article 15
The service of the Director or a Deputy Director may be terminated by the
Council upon request of the Management Board, without notice, where theconditions referred to in Article 95(b) or (c) of the Staff Regulations are met.
Section 3
Retirement in the interests of Europol
Article 16
1. The Director or a Deputy Director may be retired in the interests of Europol
by a decision of the Council. The Council shall take such a decision after
obtaining the opinion of the Management Board and hearing the personconcerned, with a two-thirds majority. Such retirement shall not constitute adisciplinary measure.
2. The Director or Deputy Director thus retired shall, until the date envisaged
for the end of his term of office, receive an allowance as follows:
(a) for three months, a monthly allowance equal to his basic salary;
(b) for the fourth to the sixth month, a monthly allowance of 85 % of his basic
salary;
(c) for the following period, a monthly allowance of 70 % of his basic salary.
3. During the period of entitlement to the allowance, the Director or Deputy
Director shall not be entitled to the monthly unemployment allowance referred toin Article 59 of the Staff Regulations. Where the Director or Deputy Director is
after this period entitled to an unemployment allowance pursuant to Article 59 of
the Staff Regulations, the period of entitlement to the allowance referred to inparagraph 2 shall be deducted from the period of entitlement of the unem-ployment allowance.
4. Income received by the persons concerned from any new employment or
from a retirement pension pursuant to Article 72 of the Staff Regulations during
the period in which they receive an allowance in accordance with paragraph 2shall be deducted from the allowance provided for in that paragraph if thatincome and the allowance together exceed the total remuneration last received
by the official calculated by reference to the table of salaries applicable on the
first day of the month for which the allowance is to be paid. The personconcerned shall furnish such written proof as may be required and inform
Europol of any facts liable to affect his entitlement.
5. During the period of entitlement to the allowance, the person concerned
shall be entitled, in respect of himself and persons covered by his insurance, tobenefits under the sickness insurance scheme provided for in Article 56(1) of theStaff Regulations, on condition that he pays the appropriate contribution
calculated by reference to the allowance specified in paragraph 2 of this
Article and that he cannot be covered by any other public scheme against thesame risks.
6. As from the end of the period referred to in paragraph 5, Article 56(2) of
the Staff Regulations shall apply mutatis mutandis .
Section 4
Dismissal following a disciplinary procedure
Article 17
After the disciplinary proceedings provided for in Chapter 3 have been followed,
service may be terminated by the Council in accordance with Article 29(6) of theEuropol Convention on disciplinary grounds in serious cases of intentional or
negligent failure of the Director or a Deputy Director to comply with his obli-
gations.1999F0130 —EN—14.01.2007 —006.001 —70
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Section 5
Retirement
Article 18
The service of the Director or a Deputy Director shall cease on the last day of the
month in which the person concerned reaches the age of 65.
CHAPTER 3
DISCIPLINARY PROCEEDINGS
Section 1
Disciplinary measures
Article 19
1. Any failure by the Director or a Deputy Director to comply with his
obligations under the Staff Regulations or the Europol Convention, whether
intentionally or through negligence on his part, shall make him liable to disci-
plinary action.
Such a failure shall inter alia include the proven deliberate furnishing of false
information as to either his professional ability or the requirements of Article 24(2) of the Staff Regulations, where the false information furnished was a deter-mining factor in his being engaged.
2. Disciplinary measures shall take one of the following forms:
(a) written warning;
(b) reprimand;
(c) reduction of his basic monthly salary up to a maximum amount of 25 % for a
period not exceeding six months;
(d) removal from post and, where appropriate, reduction or withdrawal of enti-
tlement to retirement pension, but the consequences of this measure shall notaffect the dependants of the Director or the Deputy Director.
3. Article 88(3) to (6) of the Staff Regulations shall apply in the case of
disciplinary proceedings against the Director or a Deputy Director.
Article 20
1. The Director shall have the right to issue a written warning or a reprimand
to the Deputy Director on his own initiative without consulting a Disciplinary
Board. The person concerned shall be informed of this in writing, and be heardby the Director before such action is taken.
2. The Management Board shall have the right to issue a written warning or a
reprimand to the Director on its own initiative without consulting a DisciplinaryBoard. The person concerned shall be informed of this in writing, and be heard
by the Management Board before such action is taken.
Article 21
Where an allegation of serious misconduct is made against the Director or a
Deputy Director, whether this amounts to failure to carry out his official duties orto a breach of law, the Management Board, acting by a two-thirds majority andafter having given the person concerned the opportunity to state his views, may
order that he be suspended forthwith, under the conditions laid down by Article
90 of the Staff Regulations. Such decision shall be in writing and duly reasoned.1999F0130 —EN—14.01.2007 —006.001 —71
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Section 2
Special provisions for the case provided for in Article 29(6) Europol
Convention
Article 22
1. Without prejudice to Article 20, the Council may decide to order any of the
disciplinary measures indicated in Article 19(2) after the disciplinary proceedingsprovided for in this section have been completed.
2. Disciplinary proceedings shall be initiated by decision of the Management
Board on its own initiative, after hearing the person concerned.
3. A Disciplinary Board shall be set up by the Management Board. It shall
prepare the Management Board's opinion on the need for disciplinary measuresindicated in Article 19(2) to be submitted to the Council in accordance withArticle 29(6) of the Europol Convention.
4. The Disciplinary Board shall consist of the following members: a represen-
tative of the Member State holding the Presidency of the Management Board at
the time when the Management Board took the decision as referred to in
paragraph 2, a representative of the Member State which held the Presidencyimmediately preceding, a representative of the Member State holding thePresidency immediately afterwards, and representatives of two other Member
States, to be determined by lot. The representatives shall be of a higher or
comparable rank or level of seniority as the Director or Deputy Directorconcerned, and shall not at the same time be a member of the ManagementBoard. Where possible, they shall have experience with conducting disciplinary
proceedings.
5. The Chairman of the Board shall also be determined by lot by the
Management Board, but may not be the representative of the Member State
holding the Presidency.
6. Within five days of the formation of the Disciplinary Board, the Director or
Deputy Director charged may make an objection in respect of any of its
members.
Within the same period, any member of the Disciplinary Board may request to be
excused from serving, provided he has legitimate grounds.
The Management Board shall, where it decides to uphold the objection or to
grant the request to be excused, by drawing lots, fill any vacancies arising
ensuring that there is no more than one representative per Member State in the
Disciplinary Board.
7. The members of the Disciplinary Board indicated pursuant to paragraphs 4
or 6 shall serve as members of the Board until the tasks of the Disciplinary
Board in the disciplinary procedure have been completed.
8. However, where in the course of the disciplinary procedure there is reason
to believe that a member of the Disciplinary Board has a personal relationship
with the Director or the Deputy Director charged or is physically unable to fulfilhis duties, he shall not participate in the disciplinary process. In such cases, theMember State which presented the member shall propose to the Management
Board that he be replaced and shall assign another representative to serve as
member of the Disciplinary Board.
9. Members of the Disciplinary Board shall be completely independent in the
performance of their duties. The proceedings of the Board shall be secret.
10. The secretariat of the Management Board shall provide the secretariat of
the Disciplinary Board.
Article 23
1. A report shall be submitted to the Disciplinary Board by the Management
Board, stating clearly the facts complained of and, where appropriate, the circum-stances in which they arose.
2. The Management Board shall appoint a representative in the disciplinary
proceedings. He shall not be a member of the disciplinary board.
3. The report referred to in paragraph 1 shall be communicated to the
Chairman of the Disciplinary Board, who shall bring it to the attention of the
members of the board and the Director or Deputy Director charged.1999F0130 —EN—14.01.2007 —006.001 —72
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4. On receipt of the said report, the Director or Deputy Director charged shall
have the right to see his complete personal file and to take copies of all
documents relevant to the proceedings.
Article 24
At the first meeting of the Disciplinary Board, the members shall indicate one of
its members to prepare a general report on the matter.
Article 25
1. The Director or Deputy Director charged shall have not less than 15 days
from the date of receipt of the report initiating disciplinary proceedings to prepare
his defence.
2. When the Director or Deputy Director appears before the Disciplinary
Board he shall have the right to submit observations in writing or orally, tocall witnesses and to be assisted in his defence by a person of his own choice.
Article 26
The Management Board shall likewise have the right to call witnesses.
Article 27
1. If the Disciplinary Board requires further information concerning the facts
complained of or the circumstances in which they arose, it may order an inquiry
in which each side may submit its case and reply to the case of the other side.
2. The inquiry shall be conducted by the rapporteur. For the purpose of
inquiry, the Disciplinary Board may call for the submission or productions ofany documents relating to the matter before it.
Article 28
After consideration of the documents submitted and having regard to any
statements made orally or in writing by the Director or Deputy Director
concerned and by witnesses, and to the results of any inquiry undertaken, the
Disciplinary Board shall, by majority vote, deliver a duly reasoned opinion onthe disciplinary measure appropriate to the facts complained of and transmit theopinion to the Management Board and to the Director or Deputy Director
concerned within one month of the date on which the matter was referred to
the Disciplinary Board. This time limit shall be three months where an inquiryhas been held on the instructions of the Board.
Article 29
1. The secretariat shall keep minutes of the meetings of the Disciplinary
Board.
2. Witnesses shall sign the minute recording their depositions.3. The duly reasoned opinion provided for in Article 28 shall be signed by all
members of the Disciplinary Board.
Article 30
Costs incurred on the initiative of the Director or Deputy Director concerned in
the course of disciplinary proceedings, in particular fees due to a person chosenfor his defence, shall be borne by the Director or Deputy Director concerned
where the disciplinary proceedings result in any of the measures provided for in
Article 19(2)(c) or (d).
Article 31
1. Upon receipt of the report by the Disciplinary Board, the Management
Board shall decide whether an opinion is to be submitted to the Council in
accordance with Article 29(6) of the Europol Convention, and, if so, deliver a1999F0130 —EN—14.01.2007 —006.001 —73
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duly reasoned opinion on the disciplinary measure, indicated in Article 19(2),
appropriate to the facts complained of.
2. The Management Board shall take the decision referred to in paragraph 1 as
soon as possible. Before drawing up its opinion it shall give the Director or
Deputy Director concerned the opportunity to be heard.
3. The Chairman of the Management Board shall forward the opinion of the
Management Board to the Council as envisaged by Article 29(6) of the EuropolConvention, and a copy thereof to the Director or Deputy Director charged.
4. Should the Management Board decide that no opinion is to be submitted to
the Council in accordance with Article 29(6) of the Europol Convention, it shall
have the right to issue a written warning or a reprimand in accordance withArticle 20.
Article 32
1. Upon receipt of the opinion from the Management Board, the Council shall,
in accordance with Article 29(6) of the Europol Convention, after having given
the Director or Deputy Director concerned the opportunity to state his views,decide whether a disciplinary measure is to be applied.
2. Should the Council decide that a disciplinary measure as referred to in
Article 19(2) is to be applied, it shall indicate in its decision the precise nature
of the measure as well as the date from which the measure is to be applied. The
decision shall be duly reasoned and shall be notified to the person concerned andto Europol.
3. The Council shall take the decision referred to in paragraph 1 without
undue delay.
Article 33
1. Where there are new facts which are supported by relevant evidence, disci-
plinary proceedings may be reopened upon request by the Director or the DeputyDirector concerned.
2. Where the final disciplinary measure is taken by the Director, the request
shall be submitted to the Director. The Director shall decide whether to grant theDeputy Director's request.
3. Where the final disciplinary measure is taken by the Management Board,
the request shall be submitted to the Management Board. The Management
Board shall decide whether to grant the Director's or the Deputy Director'srequest.
4. Where the final disciplinary measure is taken by the Council, the request
shall be submitted to the Management Board. The Management Board shall
decide whether to submit an opinion to the Council advising the Council to
grant the Director's or the Deputy Director's request.
CHAPTER 4
APPEALS
Article 34
1. Complaints of the Director or a Deputy Director pursuant to Article 92(2)
of the Staff Regulations shall be submitted to, and treated by, the authority whichtook the definitive decision in the matter.
2. Appeals from the Director or a Deputy Director to the Court of Justice of
the European Communities as referred to in Article 93 of the Staff Regulations
shall lie only if the authority which took the definitive decision in the matter has
previously had a complaint submitted to it pursuant to paragraph 1 and thatcomplaint has been 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 Commu-
nities, under the conditions set out in Article 93(4) of the Staff Regulations.1999F0130 —EN—14.01.2007 —006.001 —74
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CHAPTER 5
SPECIAL PROVISIONS CONCERNING THE DIRECTOR
Article 35
1. Wherever the Director wishes to exercise a right conferred upon him by
virtue of the Staff Regulations with respect to himself, and the power to take adecision in the matter under the Staff Regulations is conferred upon the Director,he shall inform the chairman of the Management Board thereof. In such cases the
Chairman may decide to put the case to the Management Board for final
decision.
2. Where the Director is temporarily unable to exercise his functions for a
period of more than one month, or the position of Director is vacant, hisfunctions shall be exercised by a Deputy Director. For this purpose the
Management Board shall indicate the order of replacement each time a new
Deputy Director has been nominated.1999F0130 —EN—14.01.2007 —006.001 —75
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APPENDIX 9
Special and exceptional provisions applicable to officials serving in a third
country
SECTION 1
General provisions
Article 1
This Appendix lays down the special and exceptional provisions applicable to
officials of Europol serving in a third country.
Article 2
By decision of the Director, in the interests of the service, officials with their
consent may be transferred to serve in a third country.
A transfer may not be for longer than the duration of the official's contract.
Article 3
In order to allow retraining periods of limited duration, the Director may decide
to assign an official serving in a third country to a temporary post at the Europol
headquarters. Such assignments may not be for longer than the duration of the
official's contract. The Director may decide, on the basis of general implementingprovisions that the official shall remain subject to certain provisions of thisAppendix for the duration of this temporary assignment, excluding Articles 5,
8 and 9.
SECTION 2
Obligations
Article 4
An official shall carry out his duties at the place to which he is transferred in the
interests of the service.
Article 5
If Europol provides the official with accommodation, which corresponds to the
composition of his dependent family, he shall be required to reside in it.
SECTION 3
Working conditions
Article 6
An official shall, per calendar year, be entitled to annual leave of three working
days for each month of service.
Article 7
1. In the year in which an official takes up or ceases to perform his duties in a
third country, he shall be entitled to three working days leave for each completemonth of service, to three working days for an incomplete month consisting of
more than 15 days and to one and a half working days for an incomplete month
of 15 days or less.
2. Where an official, for reasons other than the requirements of the service,
has not used up his annual leave before the end of the current calendar year, the
amount of leave which may be carried over to the following year shall not
exceed 15 working days.1999F0130 —EN—14.01.2007 —006.001 —76
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SECTION 4
Emoluments and family allowances
Article 8
1. An allowance for living conditions shall be fixed, according to the official's
place of employment, as a percentage of a reference amount. This referenceamount shall comprise the total basic salary, plus the expatriation allowance,household allowance and dependent child allowance, less the compulsory
deductions referred to in the Staff Regulations or in the regulations adopted to
implement them.
Where an official is employed in a country in which living conditions can be
deemed equivalent to those normally obtaining in the European Union, no such
allowance shall be payable.
The allowance for living conditions shall be fixed as follows:
The parameters taken into account for fixing the allowance for living conditions
shall be the following:
—health and hospital environment,
—security,
—climate,
to which a weighting of 1 shall be applied:
—degree of isolation,
—other local conditions,
to which a weighting of 0,5 shall be applied.Each parameter shall have the following value:
0: where conditions are normal but not equivalent to those normally obtaining in
the European Union;
2: where conditions are difficult compared with those normally obtaining in the
European Union;
4: where conditions are very difficult compared with those normally obtaining in
the European Union.
The allowance shall be fixed as a percentage of the reference amount referred to
in the first subparagraph, in accordance with the following scale:
—10 % where the value equals 0,
—15 % where the value is greater than 0 but not greater than 2,
—20 % where the value is greater than 2 but not greater than 5,
—25 % where the value is greater than 5 but not greater than 7,
—30 % where the value is greater than 7 but not greater than 9,
—35 % where the value is greater than 9 but not greater than 11,
—40 % where the value is greater than 11.
The allowance for living conditions fixed for each place of employment shall be
reviewed and, where appropriate, adjusted each year by the Director after the
opinion of the Staff Committee has been obtained.
2. If living conditions at the place of employment are such as to put the
official at personal risk, a temporary additional allowance shall be paid to him
by special reasoned decision of the Director. This allowance shall be fixed as apercentage of the reference amount referred to in the first subparagraph ofparagraph 1:
—at 5 % where the authority advises its staff not to settle their families in the
place of employment,
—at 10 % where the authority decides to reduce temporarily the number of staff
serving in the place of employment.1999F0130 —EN—14.01.2007 —006.001 —77
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Article 9
1. If actual educational costs incurred by an official for a dependent child who
is in regular full-time attendance at an educational establishment for primary orsecondary education in the country of employment, exceed the maximum educa-
tional allowance pursuant to Article 3 of Appendix 5, the official is entitled to
receive a further additional allowance to cover the actual educational costs up toa maximum of twice the maximum educational allowance pursuant to Article 3of Appendix 5.
2. If the child is in regular full-time attendance at an educational establishment
for tertiary education, the education allowance shall be 150 % of the amount
mentioned in the second subparagraph of Article 3(1), of Appendix 5.
3. The payment of the allowance shall be made on production of supporting
documents.
Article 10
1. Reimbursements due to officials shall be paid in either euros or the
currency of the country of employment, on the basis of a reasoned requestfrom the official.
2. Officials may opt to have the resettlement allowance paid in either euros or
the currency of the country of employment. In the latter case, it shall be subjectto the Europol weighting fixed for the place of employment and converted at the
corresponding exchange rate.
SECTION 5
Rules relating to the reimbursement of expenses
Article 11
1. An official provided with accommodation pursuant to Article 5 and 13 and
who, for reasons beyond his control, is obliged to change his residence at the
place of employment shall, by special reasoned decision of the Director, bereimbursed the expenses incurred in respect of removal of furniture andpersonal effects, on production of supporting documents and in accordance
with the rules on removals.
2. In such cases, he shall have his actual resettlement expenses reimbursed on
production of supporting documents, subject to a ceiling equal to the resettlement
allowance as mentioned in Article 17 of Appendix 5.
Article 12
1. An official who, at his place of employment, is staying at a hotel because
the accommodation provided for in Article 5 cannot yet be allocated to him or isno longer available to him or who, for reasons beyond his control, has not been
able to take possession of his accommodation, shall be reimbursed the hotel
expenses of himself and his family on production of the hotel bills, after priorauthorisation by the Director.
The official shall also receive half of the daily subsistence allowance provided
for in Article 9 of Appendix 5, except where the Director takes a special decisionthat there is a case of ‘force majeure ’.
2. Where hotel accommodation cannot be provided, the official shall be
entitled to reimbursement of the actual cost of renting temporary accommodation,after prior authorisation by the Director.
Article 13
Where Europol does not provide the official with accommodation, his rent shall
be reimbursed, provided that the accommodation corresponds to the level of his
duties and to the composition of his dependent family. The reasonable maximumrent costs for the place where the official is employed will be laid down by theDirector of Europol reflecting the maximum rent costs applicable to officials and
other servants of the European Communities who hold similar positions in the
same place of employment.1999F0130 —EN—14.01.2007 —006.001 —78
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Article 14
In the event of termination of service, or death, Europol shall, subject to
conditions laid down by the Director, bear the actual cost of moving an official'sfurniture and personal effects from their location at the time to his place of origin
or of transporting his furniture and personal effects from the place of
employment to his place of origin.
Article 15
An official who does not have access to a service car for official business directly
connected with the performance of his duties shall receive a mileage allowance
for the use of his own car. The Director shall fix the amount of the allowance.
SECTION 6
Social security benefits
Article 16
The official, his spouse, his children and other persons dependent on the official
shall be insured for repatriation on health grounds in the case of an emergency or
extreme emergency; the premium shall be paid entirely by Europol.
Article 17
1. The spouse, children and other persons dependent on the official shall be
insured against accidents occurring outside the European Union.
2. The official, the spouse, children and other persons dependent on the
official shall be insured against liability for material damage and physical
injuries inflicted on third parties, occurring outside the European Union.
3. Half the premiums for the insurance under this Article shall be paid by the
official and half by Europol.
SECTION 7
Education allowance for officials returning from a transfer
Article 18
1. The director may decide, by special reasoned decision, that an official
returning from serving in a third country, not in receipt of an expatriation
allowance in the Netherlands, shall be entitled to receive the educationallowance specified in Article 3 of Appendix 5, in order to enable a dependentchild whose education in the third country was in a language other than the
child's mother tongue, to continue his or her education in the Netherlands in the
language in which the child received education in the third country.
2. The right to receive the education allowance referred to in paragraph 1 shall
apply for a maximum period of six years from the date of transfer but in any caseno longer than the duration of the contract of the official.
3. The official shall submit an application for the benefits under this Article
within one year after returning from serving in a third country.1999F0130 —EN—14.01.2007 —006.001 —79
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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 Regu-
lation, and all other tasks assigned to the Financial Controller by theManagement Board.
2. In accordance with Article 20 of the Europol Financial Regulation, in
carrying out his duties, the Financial Controller shall be accountable solely tothe 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 theEuropol 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 theirperformance.
5. The Financial Controller and one or more Assistant Financial Controller(s)
shall be appointed in accordance with Article 35(7) of the Europol Conventionand 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 FinancialController, the Assistant Financial Controller(s) and additional staff workingfor 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 imple-
mentation shall be formalised by the Director, acting as the legal representativeof 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 AssistantFinancial 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 andAppendix 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, includingthe 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;1999F0130 —EN—14.01.2007 —006.001 —80
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(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;
(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); allpre-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;
(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 withChapter 3 and Appendix 2 of the Staff Regulations and, in respect of theAssistant 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 shallconsist of the Financial Controller, who shall act as the Chairman of theSelection 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, whoshall act as the secretary to the Selection Board; the secretary of theSelection 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, whoshall act as the Chairman of the Selection Board, and the Head of the HumanResources 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 theselection procedure; furthermore the Presidency may, if it so wishes, assign arepresentative to serve as a member of 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;
(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 withArticle 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.
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.1999F0130 —EN—14.01.2007 —006.001 —81
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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 unanimousdecision of the Management Board in accordance with Article 6 of the StaffRegulations.
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 withArticle 6 of the Staff Regulations. On the basis of advice from the FinancialController, 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 Regu-lations.
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 StaffRegulations.
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 bedetermined 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 bythe 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 theChairman 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 anddecisions provided for in Chapter 3 of the Staff Regulations shall be made bythe 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 postsubject 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;1999F0130 —EN—14.01.2007 —006.001 —82
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(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 inChapter 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 ManagementBoard, 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.
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) ofthe 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 theChairman of the Disciplinary Board, and of representatives of three MemberStates 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 shallnot 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;
(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 itsother 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 thisAppendix 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 FinancialController(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 ManagementBoard, 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;
(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 Management1999F0130 —EN—14.01.2007 —006.001 —83
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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 itsown initiative or at the request of the Financial Controller or the AssistantFinancial 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 ofthe 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 theFinancial Controller's Office; they shall not at the same time be members ofthe 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 thedrawing 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;
(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 theManagement Board; the member of staff working for the FinancialController'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 thisAppendix 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 todisciplinary measures from the personal file provided for in Article 91 ofthe 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 appro-priate, 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;
(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 shalltake his decision within one month of receiving the opinion, after hearing themember 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.
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,1999F0130 —EN—14.01.2007 —006.001 —84
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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 toArticle 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 Article93 of the Staff Regulations shall lie only if the authority which took the defi-nitive 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 complaintpursuant to paragraph 1, immediately file an appeal with the Court of Justiceof 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 dutiesshall 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'sOffice were made before the entry into force of this Appendix, such decisions
or contractual arrangements shall continue to apply.1999F0130 —EN—14.01.2007 —006.001 —85
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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 solelyto 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 theSecretary of the Management Board and of staff working for the ManagementBoard 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 imple-mentation shall be formalised by the Director, acting as the legal representativeof 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 EuropolConvention.
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 theManagement Board; those three members shall elect one of their number asthe Chairman of the Selection 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; heshall 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;
(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;1999F0130 —EN—14.01.2007 —006.001 —86
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(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 Regu-
lations, 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 oflots 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 SelectionBoard shall have no vote in the selection procedure, nor shall he exercise anyother 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 ofthe 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 shallhave no vote in the selection procedure, nor shall he exercise any otherinfluence 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;
(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 ManagementBoard;
(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 fromthe Secretary of the Management Board, contracts may be renewed by decisionof 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 ManagementBoard.
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 the1999F0130 —EN—14.01.2007 —006.001 —87
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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 followingevery 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 theChairman 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 theChairman of the Management Board, who shall also decide on the award ofadditional 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 followingspecial provisions:
(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 ondisciplinary 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;
(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 thisAppendix.
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 Regu-
lations, 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; therepresentatives shall be of a higher or comparable rank or level ofseniority 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 thedrawing 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;1999F0130 —EN—14.01.2007 —006.001 —88
▼M16
(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 othermembers; the Secretary of the Management Board shall be informed thereofin 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 thisAppendix 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 todisciplinary measures from the personal file provided for in Article 91 ofthe 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;
(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 onemonth of receiving the opinion, after hearing the Secretary of theManagement 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 Secre-
tariat shall be carried out in accordance with Chapter 8 and Appendix 7 of theStaff 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 drawingof 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 theManagement Board; they shall agree that one of their number shall act asChairman 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 thedrawing 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;
(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 ManagementBoard Secretariat shall be informed thereof in writing, and shall be heardbefore 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 BoardSecretariat;
(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 todisciplinary measures from the personal file provided for in Article 91 of
the Staff Regulations shall be exercised by the Chairman of the Management
Board;1999F0130 —EN—14.01.2007 —006.001 —89
▼M16
(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 appro-
priate, 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;
(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 theofficial 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) ofthe 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 StaffRegulations 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 Commu-
nities, 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 amember of staff working for the Management Board Secretariat were madebefore the entry into force of this Appendix, such decisions or contractual
arrangements shall continue to apply.1999F0130 —EN—14.01.2007 —006.001 —90