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:

Staff Regulations applicable to Europol employees

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 from outside these authorities;

- local staff, where they are explicitly mentioned in these Staff Regulations.

2. The Staff Regulations shall also apply to the Director and Deputy Directors of Europol, without prejudice to the Europol Convention.

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 in Appendix 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 Article 2(4) of the Europol Convention, and which posts can be filled by other staff 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 importance of the tasks connected with them as well as taking into consideration the required 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 to a post marked as such in the list of posts in Appendix 1.

Article 4

Within Europol, a Staff Committee shall be set up to perform the functions assigned to it by these Staff Regulations. The composition and procedure of the Staff Committee shall be as established in Appendix 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

Article 6

All Europol staff shall initially be engaged for a fixed period of between one and four years. First contracts may be renewed as follows:

- for a maximum period of two years, for staff assigned 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,

- for a maximum period of two years, for staff subject to national provisions for secondment, special leave or temporary outplacement, assigned to a post not restricted to staff engaged from the competent authorities referred to in Article 2(4) of the Europol Convention,

- for a maximum period of four years in all other cases.

Only staff mentioned in the last two categories above may be engaged for an indefinite period after serving two contracts for a fixed period satisfactorily.

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

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 beginning of the fourth month of such temporary posting, he shall receive a differential allowance equal to the difference between the remuneration carried by his substantive scale and incremental point, and the remuneration he would receive in respect of the incremental point at which he 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.

2. Assignment of Europol staff to a post carrying a higher salary scale than that at which they were engaged shall be recorded in an agreement 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 nor take instructions from any government, authority, organisation or person outside 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 for services rendered either before his appointment or during special leave for military or other national service and in respect of such service.

Article 10

An official shall be bound by the provisions on discretion and confidentiality as established by Articles 31 and 32 of the Europol Convention, 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 obtain permission from the Director. Permission shall be refused if the activity or assignment is such as to impair the official's independence or 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 a personal 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 the office and the duties it entails for the holder, decide whether the official should continue in active employment or should apply for leave on personal grounds. In the latter case, the duration of the leave shall be equal to the term for which the official has been elected. If the person concerned holds a contract for a fixed period, the duration of leave 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 matter dealing with the work of Europol. Permission shall be refused only 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 proper performance 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 duties assigned 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 the carrying 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 immediate superior thereof, if necessary in writing. If the official then receives written confirmation of his instructions from his superior, he shall carry them out unless they constitute a breach of criminal law or of the relevant safety standards. He may also submit a request for decision on 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 Headquarters Agreement and the Protocol on Privileges and Immunities, officials shall not be exempt from fulfilling their private obligations or from complying 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, or any attack on person or property to which he or a member of his family is subjected by reason of his position or duties.

Europol shall compensate the official for damage suffered in such cases, insofar as the official did not either intentionally or through grave negligence cause the damage and has been unable to obtain compensation 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 in accordance 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 the official concerned. Any decision adversely affecting an official shall state 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 Europol against an official unless they were communicated to him before they were filed.

A document shall be deemed to have been communicated to an official where the official's signature has been obtained, or failing that, the document 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 with all 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 the Court of Justice of the European Communities if an action concerning the 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, taking account of the principles established in the Council of Europe Convention 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 to having regard to personal suitability and professional qualifications, account shall be taken of the need to ensure the 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.

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 satisfactory knowledge of another such language to the extent necessary for the 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 for secondment, special leave or temporary outplacement. The Member State concerned shall define the details of this procedure.

4. The selection procedures to be followed in engaging Europol staff shall be as laid down in Appendix 2 to these Staff Regulations.

Article 25

Before being engaged and on renewal of his contract, a member of the Europol staff shall be medically examined by a medical officer appointed by Europol in order that Europol may be satisfied that he fulfils or continues to fulfil the requirements of Article 24(2)(d).

Where a negative medical opinion is given as a result of the medical examination provided for in the first paragraph, the candidate may, within 20 days of being notified of this opinion by Europol, request that his case be submitted for a final decision to the Invalidity Committee. The medical officer responsible for the initial negative opinion shall be heard by the Invalidity Committee. The candidate may refer the opinion of a doctor of his choice to the Invalidity Committee.

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 be stipulated 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 one month or more, the Director may extend his probationary period by the corresponding 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 to perform the duties pertaining to his post and also on his conduct and efficiency in the service. This report shall be communicated to the person concerned, who shall have the right to submit his comments in writing. A member of the Europol staff whose performance has not proved 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 is obviously proving inadequate. The report shall be communicated to the person concerned, who shall have the right to submit his comments in writing. On the basis of the report, the Director may decide to dismiss the member of the Europol staff before the end of the probationary period by giving him one month's notice; the period of service 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 month of probation completed.

Article 27

Europol staff shall be engaged at the first incremental point of the salary scale determined for the post. However, the Director may, taking account of the conditions on the labour market in respect of the post concerned, or the training and special experience of the successful candidate for the post, decide to place the successful candidate up to the fifth incremental point of the appropriate salary scale. In such case, the application of Article 29 may not lead to a salary higher than the fifth incremental point during the first contract.

Where a contract held by an official is renewed, and the official is appointed in the same salary scale he held under his previous contract, he shall at least retain the incremental point acquired under his 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 subject of 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.

Article 29

The Director may award a maximum of two incremental points every two years, on the basis of an assessment, taking into account the performance of the official concerned. Teaching duties under the further training and instruction scheme provided for in Article 21, shall be taken into account of this assessment. Further details on the assessment procedure shall be laid down by the Management Board, acting on a proposal from the Director, submitted after consulting the Staff Committee.

Where an increment is not awarded for reasons of inefficiency of the official concerned, the official may apply for a review of this decision six months after it was taken.

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 limits the Director may, after consulting the Staff Committee, determine the hours and pattern to be worked by certain groups of officials engaged on 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 or at home outside normal working hours. Europol shall lay down detailed rules for the application of this paragraph after consulting the Staff Committee.

Article 31

The Director may, on receipt of an application setting out the reasons therefor, authorise an official to work part-time. Such authorisation shall be refused if he considers that authorisation for part-time work would be detrimental 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 the normal working time agreed upon.

Article 32

The authorisation referred to in Article 31 shall be granted on application by the official for a maximum of one year. The authorisation may, however, be renewed on the same conditions. An application for renewal shall be made by the official at least one month before the expiry 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 period for which it was granted, giving one month's notice.

The Director may likewise withdraw the authorisation if the official concerned so requests.

The official shall be entitled, during the period for which he is authorised to work part-time, to the corresponding percentage of his remuneration. He shall, however, continue to receive the full dependent-child allowance and the full education allowance. Contributions to the sickness insurance scheme and the pension scheme shall be calculated by reference to the total basic salary.

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 on Sundays or public holidays may be authorised only in accordance with 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 six months. This figure may be derogated from by decision of the Director, after consulting the Staff Committee, depending on whether compensation 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 where the requirements of the service do not allow compensatory leave during the two months following that in which the overtime was worked.

Article 34

An official who is regularly expected to work at night, on Saturdays, Sundays or public holidays, shall be entitled to special allowances when doing shift-work which is required by Europol because of the exigencies of the service or safety rules and which is regarded by it as a regular and permanent feature.

Acting on a proposal from the Director submitted after consulting the Staff Committee, the Management Board shall determine the categories of officials entitled to such allowances, and the rates and conditions thereof.

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 accordance with a decision taken by the Director because of the exigencies of the service or safety rules.

Acting on a proposal from the Director submitted after consulting the Staff Committee, the Management Board shall determine the categories of officials entitled to such compensation, and the rates and conditions thereof.

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 application, 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 leave not starting earlier than six weeks before the expected date of confinement shown in the certificate and ending 10 weeks after the date of confinement; however, such leave shall in no case be for less than 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 examinations have to take place during working hours.

Article 38

1. An official who provides evidence of incapacity to perform his duties because of sickness or accident shall automatically be entitled to sick leave. The sick leave shall not exceed three months or the time worked by the official, whichever is the longer. The leave shall not extend 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 be required 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 of three 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 or if a member of his household is suffering from a contagious disease.

3. On expiry of the time limits mentioned in paragraph 1, an official whose contract is not terminated, despite being unable to resume his duties, shall be placed on unpaid leave.

However, where an official contracts an occupational disease or sustains an accident in the performance of his duties, he shall continue to receive his full remuneration throughout the period during which he is incapable of working until such time as he is awarded an invalidity pension under Article 65.

Article 39

Except in case of sickness or accident, an official may not be absent without prior permission from his immediate superior. Notwithstanding any disciplinary measures that may apply, any unauthorised absence which is duly established shall be deducted from the annual leave of the 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 the Staff 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 be suspended.

However, a member of the Europol staff who provides evidence that he cannot be covered by any other public scheme of insurance against the risks referred to in Article 56 may, not later than one month following that in which unpaid leave begins, apply to continue to be covered in accordance with that Article, provided that he bears half the cost of the contributions required to cover the risks referred to in Article 56 for the duration of his leave; the contribution shall be calculated by reference to his last basic salary.

Moreover, a member of the Europol staff who proves that he cannot acquire pension rights under another pension scheme may apply to continue to acquire further pension rights throughout the period of unpaid leave, provided that he bears the cost of a contribution equal to three times the rate laid down in Article 78; the contributions shall be calculated by reference to the basic salary for his scale and incremental point.

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 the armed forces shall be assigned leave for national service; for Europol staff engaged for a fixed period such leave may in no circumstances exceed 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 shall retain his right to retirement pension if, after completing his military service or alternative service, he pays off his pension contributions retroactively.

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 of training or recall, continue to receive his remuneration subject to deduction of an amount equal to his service pay.

CHAPTER 5

REMUNERATION AND EXPENSES

Article 43

The remuneration of Europol staff shall comprise basic salary, family allowances and, if appropriate, other allowances. It shall be expressed and paid in the currency of the country where the official is stationed.

Article 44

The Management Board shall each year review the remuneration of the officials of Europol. During this review the Management Board shall consider whether, as a consequence of changes in the cost of living in The Hague, the remuneration should be adjusted. Particular account should be taken of any changes in salaries in the public service in the Member States and the needs of recruitment to Europol.

On the basis of the yearly review of the remuneration, the basic salaries and allowances may be adjusted. This decision shall be taken by the Council unanimously in accordance with the procedure of Title VI of the Treaty on European Union, based on the proposal of the Management Board.

Article 45

Basic monthly salaries are determined in Dutch guilders for each salary scale and incremental point as provided for in the following table:

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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; such latter allowances shall be deducted from those paid under Articles 1, 2 and 3 of Appendix 5.

3. The dependent child allowance may be doubled by special reasoned decision of the Director based on medical documents establishing that the child concerned is suffering from a mental or physical handicap 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, paragraphs 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), established per category of posts as laid down in Appendix 5. After this period, this allowance shall be reduced by 10 % of the initial allowance annually.

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 of the 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 mentioned under 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 also to reimbursement of reasonable expenses incurred in the course of or in connection 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 reimbursement shall also be granted when the contract is terminated during the probationary period, except where this termionation was due to conduct deemed 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 the terms laid down in Appendix 5.

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 remuneration 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, the official shall receive these from the first day of the month in which such entitlement commences. On cessation of such entitlements, the official 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 any other 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 rules drawn up by the Management Board, acting on a proposal from the Director, submitted after consulting the Staff committee. This rate shall be increased to 85 % for the following services: consultations and visits, surgical operations, hospitalisation, pharmaceutical products, radiology, analyses, laboratory tests and prostheses on medical prescription with the exception of dental prostheses. It shall be increased to 100 % in cases of tuberculosis, poliomyelitis, cancer, mental illness and other illnesses recognised by the Director as of comparable seriousness, and for early detection screening and in cases of confinement. However, reimbursement at 100 % shall not apply in the case of occupational disease 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 him shall 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 sickness insurance may, not later than one month following that in which his service terminates apply to continue, for a maximum of six months after termination of service, to be insured against sickness as provided for in paragraph 1. The contribution referred to in the previous paragraph shall be calculated by reference to the last basic salary received by the official, half the contribution being borne by him.

By decision of the Director taken after consulting a medical officer appointed by Europol, the period of one month for making application and the six months' limit specified in the preceding subparagraph shall not apply where the person concerned is suffering from a serious or protracted illness which he contracted before leaving the service and of which he notified the institution before the end of the six months' period specified in the preceding subparagraph, provided that the person concerned 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 dependent child within the meaning of Article 2 of Appendix 5 can provide evidence that they cannot be covered by any other public scheme of sickness insurance, they may continue for a maximum of one year to be insured 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 period shall commence on the date of the decree absolute of divorce or of the loss of status of dependent child or of person treated as a dependent child.

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 the service. The amount of contribution shall be calculated by reference to the 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 the amount 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 62 years.

The contribution referred to in paragraph 1 shall be calculated by reference to the pension of a former official, half the contribution being borne by the person entitled. However, a person entitled to orphan's pension shall not be entitled to the benefits provided for in paragraph 1, except on request. The contribution shall be calculated by reference 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 being taken of the family circumstances of the person concerned, in the manner 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 other sickness insurance scheme provided for by law or regulation for themselves 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, the difference shall be deducted from the amount to be reimbursed pursuant to paragraph 1, with the exception of reimbursements obtained under a private supplementary sickness insurance scheme covering that part of the expenditure which is not reimbursable by the sickness insurance scheme of Europol.

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 rules drawn up by the Management Board after consulting the Staff Committee. He shall contribute to the cost of insuring against non-occupational risks up to 0,1 % of his basic salary. Such rules shall specify 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 to the monthly amounts of salary received during the 12 months before the accident:

- to the deceased official's spouse and children in accordance with the law of succession governing the official's estate; the amount payable 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 governing the 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 law of 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 monthly amounts of salary received during the 12 months before the accident.

(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 rules referred 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 and transport 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 expenditure incurred.

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 Articles 38 and 41 in accordance with conditions laid down therein.

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 a retirement pension.

If, however, the medical examination provided for in Article 25 shows the official to be suffering from sicknes or invalidity, the Director may decide that expenses arising from such sickness or invalidity are to be excluded from the reimbursement of expenditure provided for in Article 56.

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 amount of those benefits will be deducted from the allowance paid under paragraph 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 establishes his 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 not he 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, in cases of illness, accident, maternity, invalidity or a situation recognised as being similar or where the competent national authority has given a dispensation 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 the time 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 NLG 1 650 and no more than NLG 3 300.

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 of termination of service. If, however, during that period the former member of the Europol staff ceases to fulfil the conditions laid down in paragraphs 1 and 2, payment of the unemployment allowance shall be suspended. Payment shall be resumed if before the expiry of that period the former member of the Europol staff again fulfils the said conditions and 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 calculated on the basis of the unemployment allowance under the conditions laid down 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; such allowances shall be deducted from those to be paid on the basis of this Article.

A former member of the Europol staff who is eligible for the unemployment allowance shall be entitled, as provided for in Article 56, to insurance cover against sickness without having to make any contribution.

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 the person concerned and paid, together with the remaining two thirds to be 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 conditions and procedure for applying tax as the remuneration of Europol officials is.

8. The national departments with responsibility for employment and unemployment, acting in accordance with their national legislation, and Europol shall cooperate with each other in an effective manner in order to 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 a proposal submitted by the Director after consulting the Staff Committee, without prejudice to the provisions of the final subparagraph 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 NLG 440.

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 of Article 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 same child; such grants shall be deducted from the grant provided for above. Where both parents are officials of Europol, the grant shall be paid once only.

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 of Appendix 5 who lived as part of the official's household, Europol shall reimburse the costs involved in transporting the body from the official's place 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 during his employment, the official is incapable of working and proves that such illness or accident is not covered by another social security scheme.

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 receives in respect of his employment is suspended pursuant to these Staff Regulations.

Article 64

Where the medical examination made before an official is engaged shows that he is suffering from sickness or invalidity, the Director may, insofar as risks arising from such sickness or invalidity are concerned, decide to admit him 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.

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 invalidity pension, 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 occupational disease, from a public-spirited act or from risking his life to save another human being, the invalidity pension shall be 90 % of the final 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 be equal to 2 % for each year between the date of his entering the service and the date on which he reaches the age of 62 years; this rate shall be increased by 2 % for each year of pensionable service with which he 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 accordance with Appendix 6; household allowance shall be determined on the basis of 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 is terminated 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 that those 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 are no 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 payment by 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 obliged to declare this to Europol. In such cases, the amount of those benefits or 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 in Articles 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 service before reaching the age of 62 years and requested that his retirement pension be deferred until the first day of the calendar month following that during which he reached the age of 62 years, the persons entitled under the deceased official, as defined in Chapter 4 of Appendix 6, shall be 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 retirement pension, or of a former member of Europol staff who left the service before he reached the age 62 and who has requested that his retirement pension be deferred until the first day of the calendar month following that in which he reaches the age of 62, are unknown for more than one year, the provisions of Chapters 5 and 6 of Appendix 6 shall apply by analogy to his spouse and to persons recognised as his dependants.

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, where applicable, on the first day of the month following the period during which the surviving spouse, orphans or dependants receive the deceased'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 of Appendix 6. The amount of the widow's pension shall be 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 pensions 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 circumstances set out in the second subparagraph of Article 65(1).

Where persons are entitled to a widow's pension under a national scheme, they shall be obliged to declare this to Europol. In such cases, the amounts of those benefits will be deducted from the widow's pension paid under this Article.

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 children deemed to be dependent on him shall be entitled to an orphan's pension 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 is entitled 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, the children deemed to be dependent on him shall be entitled to an orphan's pension in accordance with Article 20 of Appendix 6; the pension shall, however, be equal to half the pension calculated in accordance with that Article.

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 his retirement pension be deferred until the first day of the calendar month following that in which he reached the age of 62, children deemed to be dependent on him shall be entitled to an orphan's pension on the same conditions 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 a retirement or invalidity pension dies, children dependent on the surviving spouse within the meaning of Article 2 of Appendix 5 shall be entitled to an orphan's pension fixed in accordance with the first paragraph.

Orphans shall be entitled to the education allowance in accordance with Article 3 of Appendix 5.

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 shall be 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's pension, 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 on the same scale and incremental point if he had still been in the service, plus any family allowances received by him in that case and 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 the retirement pension to which he would have been entitled thereafter, had he been alive, based on the same scale and incremental point at the time of death, plus any family allowances which he would have received, 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 to which he would have been entitled, had he been alive, subject to the allowances 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 retirement pension 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 the age of 62, had he been alive, subject to the allowances and deductions 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 in proportion to their respective entitlements, paragraph 1 being disregarded 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 least one year. It shall be payable to an official who has completed 35 years' service reckoned in accordance with Article 3 of Appendix 6. Where the number of years of service is less than 35, the above maximum shall be reduced proportionally.

The amount of the retirement pension must not be less than 4 % of the minimum subsistence figure per year of service.

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, be entitled 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 circumstances 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 be entitled, under the conditions laid down in Appendix 5 to the family allowances specified in Article 46; the household allowance shall be calculated 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 of the 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 of Article 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 a retirement pension and cannot benefit from the provisions of Article 9 of Appendix 6 shall be entitled on leaving the service to the payment of a severance grant calculated in accordance with Article 10 of Appendix 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 fund referred to in Article 37 of Appendix 6.

2. Officials shall contribute one third of the costs of financing this social security scheme. The contribution shall be 8,25 % of the official's basic salary. It shall be deducted monthly from the salaries of the officials.

3. Salaries shall in all cases be subject to deduction of this contribution of the pension scheme.

4. Contributions properly deducted shall not be refunded. Contributions wrongly deducted shall not confer the right to receive a pension; they shall be reimbursed without interest at the request of the 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 after consulting the Staff Committee, an official may request Europol to effect any payments which he is required to make in order to constitute or 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 the calculation shall be communicated to the official or to those entitled under him and to the paying agency, at the same time as the decision awarding the pension.

A retirement or invalidity pension shall not be paid concurrently with the salary payable by Europol nor with the allowance payable under Article 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 invalidity 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 their entitlement, 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 may be required and inform Europol of any facts liable to affect their entitlement.

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 reimbursement, in proportion to the amount by which his pension has been reduced, 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 by the institution designated by Europol; no other institution may, under any descriptions whatsoever, pay out of its own funds benefits provided for 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 Dutch guilders; 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 of the obligations incumbent upon it under the Staff Regulations consequent upon the event causing such death, injury or sickness, stand subrogated to the rights, including rights of action, of the victim 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 from performing 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 a former official entitled to a pension, where the spouse is not a Europol 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 of the person on whom he was dependent.

3. However, Europol shall not be subrogated to rights of compensation in respect of purely personal damage such as non-material injury, damages for pain and suffering or compensation for disfigurement and loss of amenity over and above the allowance granted for those headings 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 be awarded 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 intentionally 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 appropriate salary scale for a period not exceeding six months, or reduction of his basic monthly salary up to a maximum amount of 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 this measure 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 the circumstances surrounding it, including intentionality, any possible disruption of the normal operations of Europol, damage caused to Europol itself, its disciplinary principles or hierarchy, and recidivism of 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 obligation.

6. Any official who persuades another official to breach his obligations, as well as a superior of the official who knowingly tolerated 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 composition and procedure of the Disciplinary Board shall be as established in Appendix 7.

The Director shall have the right to issue a written warning or a reprimand without consulting the Disciplinary Board, on a proposal from the official's immediate superior or on his own initiative. The official concerned shall be informed of this in writing, and be heard before such action is taken.

Other measures shall be ordered by the Director after the disciplinary procedure provided for in Appendix 7 has been completed. This procedure shall be initiated by the Director, on a proposal from the official's immediate superior or on his own initiative, after hearing the official 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 official duties or to a breach of law, the Director may order that he be suspended forthwith. This decision shall be communicated to the official in writing. A breach of the obligation of confidentiality as established 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 or that part thereof is to be withheld: the part withheld shall be one half of the 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 no decision has been taken by the end of six months, the official shall again 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 of incremental points in his salary scale or reduction of salary in accordance with Article 88(2)(c) has been ordered, or if no final decision has been taken within the period specified within the preceding paragraph, the official concerned shall be entitled to reimbursement 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 the court 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 the deletion 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, decide whether to grant the official's request; if he decides to do so, the file as constituted 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 as mentioned in Article 2(4) of the Europol Convention, the Director must inform the competent authority thereof. Where a different disciplinary measure has been imposed, the Director will decide whether or not to inform 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. The Director shall notify the person concerned of his reasoned decision within 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, against which a complaint may be lodged in accordance with the following paragraphs.

2. Any person to whom these Staff Regulations apply may submit to the Director a complaint against an act adversely affecting him, either where the Director has taken a decision or where he has failed to adopt a measure prescribed by the Staff Regulations. The complaint must be lodged 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 latter received such notification, if the measure affects a specified person; if, however, an act affecting a specified person also contains a complaint against another person, the period shall start to run in respect of that other person on the date on which he recveives notification 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 as provided 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 which case 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 whom these Staff Regulations apply regarding the legality of an act adversely affecting such a person within the meaning of Article 92(2). In disputes of a financial character the Court of Justice shall have unlimited jurisdiction.

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,

- 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 submitted pursuant to Article 92(2); nevertheless, where a complaint is rejected by an express decision after having been rejected by an implied decision 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 Article 92(2), immediately file an appeal with the Court of Justice, provided that such appeal is accompanied by an application either for a stay of execution of the contested act or for the adoption of interim measures. The proceedings in the principal action before the Court of Justice shall then be suspended until such time as an express or implied decision rejecting 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 the European 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 the option 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 of notice 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 period between the date when his duties end and the date when his contract expires.

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 month for each completed year of service, subject to a minimum of three months and a maximum of 10 months. The period of notice shall not, however, commence to run during maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during maternity or sick leave subject to the limits aforesaid;

(b) at the end of the month in which the official reaches the age of 65 years.

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 contract may be terminated only in accordance with Article 65;

(c) 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 case, the official shall receive an allowance equal to his basic salary, plus family allowances at the rate of two days per month of service completed.

Article 96

1. After the disciplinary procedure provided for in Appendix 7 has been followed, employment may be terminated without notice on disciplinary grounds in serious cases of intentional or negligent failure of an official to comply with his obligations. A reasoned decision shall be taken by the Director, after the official concerned has been given an opportunity 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 compound interest 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 requirements of 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 in Appendix 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.

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 confidentiality as established by Article 31 and 32 of the Europol Convention, 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 regulations 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 court in 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 board under the conditions defined in the arbitration clause contained in his contract.

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 satisfactorily as laid down in a written assessment by the EDU management, shall be offered a new contract by the Europol Director in accordance with these Staff Regulations, within six months of the time the regulations 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 with Article 6, or an indefinite contract as local staff in accordance with Article 98.

3. In the framework of the transition plan mentioned under paragraph 5, the duration of the fixed-term contract shall be adjusted downward by the Director in conformity with the preferences expressed by the Member 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 to the EDU, and his qualifications and experience for the post for which the contract is offered. The contract shall take effect within six months of 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 to the Management Board for approval. The plan must take account of the rotation provided for in Article 6, the necessary continuity of the organisation in the framework of the new budget, the number of years of service with EDU, the interest of the Member States and their adequate representation within Europol, the interests of the host State, and the interests of the individuals concerned. In the transition plan, each different 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 be considered to have ended at the date of refusal or the date that the official 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 accordance with 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.

Done at Brussels, 3 December 1998.

For the Council

The President

K. SCHLÖGL

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

APPENDIX 1

Europol posts

1. Subject to paragraph 3, the following posts shall be Europol posts:

>TABLE>

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 Staff Regulations. The competent national authorities means all public bodies existing in the Member States which are responsible under national law for preventing 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 and the 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 the possibility 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, initiated by the Director of Europol, shall within two years after the entry into force of the 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:

>TABLE>

APPENDIX 2

Selection procedures

Article 1

Selection for an Europol post will be based on personal suitability and professional 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.

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 candidates in order of merit.

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 a responsible official of the Personnel Unit. Furthermore, three Member States, including the Presidency, 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 a Deputy Director or his delegate, Chairman of the Board, a responsible official of the Personnel 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 member of 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, Chairman of the Board, the Head of the Personnel 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 Selection Board.

7. The Selection Board shall decide whether an external expert should be appointed by the Director to the Selection Board for a specific vacancy to deal with technical questions.

8. Where a member of the Selection Board appears to have a personal relationship with one of the applicants for a Europol post, he shall not participate in the selection process. In such cases, the Selection Board shall propose his replacement 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.

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 duties to 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 for ensuring that the vacancy is brought to the attention of the agencies and all the personnel 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.

3. For all vacant posts, both internal and external applications shall be considered.

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 Selection Board 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 the specific 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.

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 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 to the Director as soon as possible.

Should the Selection Board come to the conclusion that none of the applicants is suited for the post, it shall inform the Director, who shall reissue the advertisement for the post as soon as possible.

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.

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 Regulations shall 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 compensatory 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 overtime was 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 purposes of this Appendix. As regards hours worked at the place of assignment in excess of the normal number of working hours, compensatory leave or remuneration, as the case may be, may be allowed by decision of the Director.

APPENDIX 4

Leave

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 two working 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 the service 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 of a 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 granted afresh.

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 be granted as shown:

(a) marriage of the official: five days;

(b) change of residence of the official: up to two days;

(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 the distance between the two places is more than 350 km by rail. For the purposes of this 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 into account particular needs.

APPENDIX 5

Remuneration and reimbursement of expenses

SECTION 1

Family allowances

Article 1

1. The household allowance shall be fixed at 5 % of the basic salary of an official; but shall not exceed 5 % of the amount specified for the last incremental point of scale 6 of Article 45 of the Staff Regulations.

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 offici