Act of the Management Board of Europol of 15 October 1998 concerning the rights and obligations of liaison officers
Date: 1998-10-15
Institutions: Europol
Subjects: European official, Europol, duties of civil servants, rights of civil servants

C 26/86

EN

Official  Journal  of  the  European  Communities

30.1.1999

ACT  OF  THE  MANAGEMENT  BOARD  OF  EUROPOL

of  15  October  1998

concerning  the  rights  and  obligations  of  liaison  officers

(1999/C 26/09)

THE  MANAGEMENT  BOARD,

Having regard to the Convention based on Article K.3 of
the Treaty on European Union, on the establishment of a
European  Police  Office  (Europol  Convention) (1),  and  in
particular  Article  5(7)  and  Article  28(1)(2)  thereof,

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

liaison  officers 
to 

the  other  provisions  of 

(a)

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

(b)

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

(c)

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

HAS  ADOPTED  THE  FOLLOWING  RULES:

Article  4

Relations  between  liaison  officers

Article  1

Purpose

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

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

Article  2

General Provisions

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

Article  3

Requirements

Article  5

Obligations  of  Europol  towards  liaison  officers

Europol  shall  support 

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

liaison  officers 

in 

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

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

assistance;

(c)

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

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

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

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

30.1.1999

EN

Official  Journal  of  the  European  Communities

C 26/87

Article  6

Obligations  of  liaison  officers  towards  Europol

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

Liaison officers shall comply with Europol’s internal

2.
rules  without  prejudice  to  their  national  laws.

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

Article  7

Obligation  to  inform  Europol

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

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

(b) respond  to  any  request  for  additional  information

made  by  Europol;

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

activities.

Article  8

Liability  in  respect  of  Europol

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

Article  9

Availability  with  regard  to  Europol

In  order  to  ensure  the  attainment  of  Europol’s  objectives
and  the  efficient  operation  of  its  functions  as  laid  down
in  Articles  2  and  3  of  the  Europol  Convention,  and  so
that  liaison  officers  may  discharge  the  duties  assigned  to
them  under  Article  5  of  the  Europol  Convention,  each

Member  State,  acting  in  accordance  with  its  national
regulations, shall lay down the general rules governing its
liaison  officers’  working  hours  and  a  system  ensuring
their  availability,  which,  without  necessarily  requiring
their  physical  presence  at  Europol,  will  guarantee  the
continuity  of  the  service.  The  Director  of  Europol  shall
be  duly  notified  of  such  measures.

Article  10

Leave

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

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

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

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

Article  11

Public holidays

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

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

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

Article  12

Other  absences

In  the  case  of  absence  for  reasons  other  than  those  laid
down  in  Articles  10  and  11,  which  prevent  them  from

C 26/88

EN

Official  Journal  of  the  European  Communities

30.1.1999

attending  their  place  of  work,  liaison  officers  must
inform  the  Director  of  Europol  of  their  unavailability  as
soon as possible, stating the reason for their absence and
giving  details  of  how  they  can  be  contacted.

Article  14

Entry  into  force

Article  13

Amendments

Any  amendments 
unanimously  by  the  Management  Board.

this  act 

to 

shall  be  adopted

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

Done  at  The  Hague,  15  October  1998.

For  the  Management  Board

The  Chairman

K.  RUSO