ACT OF THE MANAGEMENT BOARD OF EUROPOL of 15 October 1998 concerning the rights and obligations of liaison officers (1999/C 26/09)

THE MANAGEMENT BOARD,

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 5(7) and Article 28(1)(2) thereof,

Whereas it is for the Management Board of Europol, acting unanimously, to adopt the rights and obligations of liaison officers in relation to Europol, without prejudice to the other provisions of the Europol Convention,

HAS ADOPTED THE FOLLOWING RULES:

Article 1 Purpose

This act is adopted pursuant to Article 5 of the Europol Convention on the rights and obligations of liaison officers accredited to Europol.

Article 2 General Provisions

The liaison officers seconded to Europol shall be appointed by each Member State. The Director of Europol shall be informed of such appointments and shall submit a list of them to the Management Board.

Article 3 Requirements

In order to be able to carry out their duties in Europol, Member States' liaison officers shall meet at least the following requirements, with each Member State assessing whether they have been fully met:

(a) they shall, under the national law of the appointing Member State, be officials of the services responsible for preventing and combating criminal offences within Europol's sphere of competence in accordance with Article 2 of the Europol Convention;

(b) they shall know at least two of the official languages of the European Union;

(c) they shall meet the conditions of aptitude and ability required to carry out their duties.

Article 4 Relations between liaison officers

Within the framework laid down in Article 5 of the Europol Convention, liaison officers shall cooperate actively among themselves in exchanging information and shall provide the necessary support and assistance.

Article 5 Obligations of Europol towards liaison officers

1. Europol shall support liaison officers in the execution of their duties. The Director of Europol shall take the necessary organisational measures to:

(a) ensure that liaison officers' activities are efficient;

(b) deal with their requests and give them the necessary assistance;

(c) settle matters arising from the normal exercise of the duties assigned to them.

2. Liaison officers shall be informed by Europol of activities which may concern them and other circumstances which may be of interest to them or to the Member State which appointed them, whether the information originates from Europol itself, from the liaison officers of other Member States, from third bodies or from third States.

Article 6 Obligations of liaison officers towards Europol

1. Liaison officers, in close cooperation with Europol staff, shall endeavour to achieve Europol's aims and objectives.

2. Liaison officers shall comply with Europol's internal rules without prejudice to their national laws.

3. In performing their duties, liaison officers shall be subject to their own national laws on data protection, except as otherwise stipulated in specific provisions of the Europol Convention.

Article 7 Obligation to inform Europol

If permitted by the law of their State of origin, liaison officers shall, as far as possible, keep the Director of Europol informed of the activities carried out by them within Europol, and in particular:

(a) keep the Director informed primarily of matters exceeding the framework of bilateral exchanges between Member States which may have an impact on Europol;

(b) respond to any request for additional information made by Europol;

(c) provide a brief monthly statistical report on all their activities.

Article 8 Liability in respect of Europol

The extent of the seconding Member State's liability in the event of damage caused to Europol by its liaison officers shall be determined in accordance with the national law of that State.

Article 9 Availability with regard to Europol

In order to ensure the attainment of Europol's objectives and the efficient operation of its functions as laid down in Articles 2 and 3 of the Europol Convention, and so that liaison officers may discharge the duties assigned to them under Article 5 of the Europol Convention, each Member State, acting in accordance with its national regulations, shall lay down the general rules governing its liaison officers' working hours and a system ensuring their availability, which, without necessarily requiring their physical presence at Europol, will guarantee the continuity of the service. The Director of Europol shall be duly notified of such measures.

Article 10 Leave

1. Liaison officers shall remain under the responsibility of the authorities seconding them and shall remain subject to national rules.

2. Annual leave and other leave arrangements shall be a matter for the seconding authority and the liaison officer.

3. Liaison officers shall notify the Director of Europol as early as possible of the leave they intend applying for.

4. The Director of Europol may object to any request for leave which may conflict with the organisation's interests. The decision shall be taken by the Member State which seconded the liaison officer in question after hearing the Director's objections.

Article 11 Public holidays

1. Liaison officers shall be subject to their national regulations as regards the number of public holidays they are entitled to each year.

2. As far as possible, liaison officers shall comply with the list of public holidays laid down by the Director of Europol in agreement with the Management Board, as well as observing their own national day.

3. Each liaison officer's public holiday arrangements shall be communicated by each National Unit to the Director of Europol in sufficient time to enable the latter to plan the organisation's activities.

Article 12 Other absences

In the case of absence for reasons other than those laid down in Articles 10 and 11, which prevent them from attending their place of work, liaison officers must inform the Director of Europol of their unavailability as soon as possible, stating the reason for their absence and giving details of how they can be contacted.

Article 13 Amendments

Any amendments to this act shall be adopted unanimously by the Management Board.

Article 14 Entry into force

This act shall enter into force on the day following its adoption by the Management Board.

Done at The Hague, 15 October 1998.

For the Management Board

The Chairman

K. RUSO

(1) OJ C 316, 27.11.1995, p. 1.