Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees
Date: 1998-12-03
Institutions: Council of the European Union
Subjects: Europol, staff regulations (EU)

30.1.1999

EN

Official  Journal  of  the  European  Communities

C 26/23

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:

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

30.1.1999

EN

Official  Journal  of  the  European  Communities

C 26/25

Staff  Regulations  applicable  to

Europol  employees

C 26/26

EN

Official  Journal  of  the  European  Communities

30.1.1999

CONTENTS

TITLE  I:

General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Page

27

TITLE  II:

Europol  staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27—47

Chapter  1: General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27—28

Chapter  2:

Rights  and  obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28—30

Chapter  3:

Conditions  of  engagement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30—31

Chapter  4: Working  conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31—34

Chapter  5:

Remuneration  and  expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34—35

Chapter  6:

Social  security  benefits

Section A: Sickness  and  accident  insurance,  other  benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35—39

Section  B:

Insurance  against  invalidity  and  death. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39—41

Section  C: Retirement  pension  and  severance  grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41—42

Section  D: Funding  of  the  invalidity  and  life  assurance  scheme  and  of  the  pension
scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

Section  E: Settlement  of  claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42—43

Section  F: Payment  of  benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section  G: Subrogation  in  favour  of  Europol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter  7: Overpayments  and  underpayments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

43

43

Chapter  8: Disciplinary measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44—45

Chapter  9:

Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45—46

Chapter  10: Termination  of  employment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46—47

TITLE  III:

Local  staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47

TITLE  IV:

Transitional  provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47—48

TITLE  V:

Entry  into  force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48

LIST  OF  APPENDICES

Appendix  1: Europol  posts

Appendix  2: Selection  procedures

Appendix  3: Compensatory  leave  and  remuneration  for  overtime

Appendix  4: Leave

Appendix  5: Remuneration  and  reimbursement  of  expenses

Appendix  6: Pension  scheme

Appendix  7: Composition  and  procedure  of  the  Staff  Committee,  the  Invalidity  Committee  and  the

Disciplinary Board

Appendix  8: Taxes

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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.

Posts  shall  be  evaluated  by  Europol,  subject  to  the
2.
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  2

Article  4

For 

the  purposes  of 

1.
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.

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

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.

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

the  competent  authorities  referred 

from 
Article  2(4)  of  the  Europol  Convention,

to 

in

— 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.

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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

The  Director  shall,  acting  solely  in  the  interests  of
1.
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.

An  official  may  be  called  upon 

2.
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.

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
the
outside  Europol  shall  obtain  permission 
Director.  Permission  shall  be  refused  if  the  activity  or
assignment 
the  official’s
independence  or  to  be  detrimental  to  the  work  of
Europol.

such  as 

impair 

from 

to 

is 

Article  11

Article  8

An official of Europol shall conduct his private life so as
not  to  interfere  with  his  official  duties  or  bring  discredit
upon  Europol.

1.
The  salary  scale  and  incremental  point  at  which
Europol  staff  are  engaged  shall  be  stated  in  their
contract.

Article  12

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.

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.

CHAPTER  2

RIGHTS  AND  OBLIGATIONS

Article  9

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.

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

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.

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Article  14

A  reasoned  decision  shall  be  given  by  the  Director  in
accordance  with  the  procedure  referred  to  in  Article  96.

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 
liable  to  prejudice  the
interests  of  Europol.

is 

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.

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 
from
complying  with  the  laws  and  police  regulations  in  force.

their  private  obligations  or 

fulfilling 

Article  16

When  privileges  and  immunities  are  in  dispute,  the
official  concerned  shall  immediately  inform  the  Director.

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  20

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.

If 

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. 
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.

the  official 

then 

Europol  shall  assist  any  official, 
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.

in  particular 

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 
training  and
instruction  for  officials  as  is  compatible  with  the  proper
functioning  of  the  service  and  is  in  accordance  with  its
own  interests.

further 

Such  training  and  instruction  shall  be  taken  into  account
for  purposes  of  promotion.

An  official  who  is  charged  with  a  criminal  offence  shall
immediately  inform  the  Director.

Article  22

Article  18

Officials  may  submit  requests  to  the  Director  of
Europol.

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.

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.

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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;

A  member  of  the  Europol  staff  may  be  engaged
2.
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) any  comments  by  the  official  on  such  documents.

(b) he  has  fulfilled  any  obligations  imposed  on  him  by

the  laws  concerning  military  service;

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.

(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

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.

(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.

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.

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 
this
procedure.

the  details  of 

shall  define 

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
in  the  first
the  medical  examination  provided  for 
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.

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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.

The report shall be communicated to the official. He shall
be  entitled  to  make  any  comments  thereon  which  he
considers  relevant.

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
shall  be
service.  This 
efficiency 
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
in  his  post  shall  be
adequate  to 
dismissed.

justify  retention 

report 

the 

in 

if  his  performance 

A  report  on  the  probationary  member  of  the  Europol
staff  may  be  made  at  any  time  during  the  probationary
is  obviously  proving
period 
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  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, 
Staff
after 
Committee.

consulting 

submitted 

the 

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

Article  27

Officials in active employment shall at all times be at the
disposal  of  Europol.

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.

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 
this  paragraph  after
consulting  the  Staff  Committee.

the  application  of 

for 

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

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30.1.1999

the  proportion  of  the  normal  working  time  agreed
upon.

not  allow  compensatory  leave  during  the  two  months
following  that  in  which  the  overtime  was  worked.

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
authorisation before expiry of the period for which it was
granted,  giving  one  month’s  notice.

the  Director  may  withdraw 

Article  34

An official who is regularly expected to work at night, on
Saturdays, Sundays or public holidays, shall be entitled to
is
special  allowances  when  doing  shift-work  which 
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.

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

Article  35

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

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.

from 

this  annual 

leave  an  official  may,
Apart 
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 
the  date  of
commencement.

than  16  weeks 

regardless  of 

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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 
in  order  to  attend  pre-natal
examinations,  if  such  examinations  have  to  take  place
during  working  hours.

loss  of  pay, 

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.

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.

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.

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.

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.

the 

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

limits  mentioned 

time 

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.

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

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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  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  43

Article  45

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.

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

Scales

1

2

3

4

5

6

7

8

9

10

11

12

13

1

2

3

4

5

6

7

8

9

10

11

Points

24 500

22 000

15 100 15 490 15 880 16 300 16 720 17 160 17 598 18 060 18 525 19 015 19 500

13 150 13 500 13 845 14 210 14 575 14 960 15 340 15 745 16 150 16 575 17 000

10 835 11 120 11 400 11 700 12 000 12 320 12 635 12 970 13 300 13 650 14 000

9 285

9 530

9 775 10 035 10 290 10 560 10 830 11 115 11 400 11 700 12 000

7 740

7 945

8 145

8 360

8 575

8 800

9 025

9 265

9 500

9 750 10 000

6 580

6 755

6 925

7 110

7 290

7 480

7 670

7 875

8 075

8 290

8 500

5 800

5 955

6 110

6 270

6 430

6 600

6 770

6 950

7 125

7 315

7 500

5 030

5 165

5 295

5 435

5 570

5 720

5 870

6 025

6 175

6 340

6 500

4 875

5 005

5 130

5 265

5 400

5 545

5 685

5 835

5 985

6 145

6 300

3 870

3 975

4 075

4 180

4 285

4 400

4 515

4 635

4 750

4 875

5 000

3 325

3 415

3 500

3 595

3 685

3 785

3 880

3 985

4 085

4 195

4 300

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.

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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  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  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
in  the  case  where  the  official  died  as  a
months 
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  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 
family  allowances  and
to 
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

Article  51

S e c t i o n   A

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.

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

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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
the  exception  of  dental
medical  prescription  with 
prostheses.  It  shall  be  increased  to  100 %  in  cases  of
tuberculosis,  poliomyelitis,  cancer,  mental  illness  and
other 
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.

illnesses  recognised  by 

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 
the  person  concerned
that 
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.

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
paragraph  1.

in  the  rules  referred  to 

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 
sickness
insurance  scheme  covering  that  part  of  the  expenditure
which  is  not  reimbursable  by  the  sickness  insurance
scheme  of  Europol.

supplementary 

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.

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

Article  57

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non-occupational  risks  up  to  0,1 %  of  his  basic  salary.
Such  rules  shall  specify  which  risks  are  not  covered.

unpaid  leave  referred  to  in  Articles  38  and  41  in
accordance  with  conditions  laid  down  therein.

2.

The  benefits  payable  shall  be  as  follows:

(a)

in  the  event  of  death:

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.

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 
in
paragraph  1.

the  rules  referred 

laid  down 

to 

in 

The  benefits  listed  above  may  be  paid  in  addition  to  the
benefits  provided  for  under  the  pension  scheme.

The  following  shall  also  be  covered  in  manner
3.
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

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.

To  be  eligible  for  this  unemployment  allowance,  a

2.
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)

(c)

fulfil  the  obligations  laid  down  by  the  law  of
that  Member  State 
in  receipt  of
unemployment  benefits  under  that  law;

for  persons 

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).

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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.

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, 
the  remaining
two  thirds  to  be  borne  by  Europol,  into  a  Special
Unemployment  Fund.

together  with 

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 
to  national  unemployment
benefit.

the  right 

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

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
legislation,  and  Europol  shall
with 
cooperate with each other in an effective manner in order
to  ensure  that  this  Article  is  properly  applied.

their  national 

the  subject  of  rules 

9.
The  detailed  arrangements  for  applying  this  Article
the
shall  be 
Management  Board,  acting  on  a  proposal  submitted  by
the  Director  after  consulting  the  Staff  Committee,
without  prejudice 
final
subparagraph  of  paragraph  2.

the  provisions  of 

laid  down  by 

the 

to 

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.

This  grant  shall  also  be  payable  in  the  event  of
2.
termination of pregnancy after not less than 28 weeks, on
the  production  of  a  medical  certificate  to  that  effect.

The recipient of a grant on the birth of a child shall
3.
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.

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However,  in  the  event  of  an  official’s  death  during  a
mission,  Europol  shall  bear  the  costs 
in
transporting the body from the place where death occurs
to  the  official’s  place  of  origin.

involved 

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.

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.

S e c t i o n   B

Insurance  against  invalidity  and  death

Article  63

in  accordance  with  the
Europol  staff  are 
following  provisions  against  the  risk  of  death  and  of
invalidity  occurring  during  their  employment.

insured 

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

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.

Invalidity  shall  be  established  by  the  Invalidity

2.
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
the
recipient  of  an 
invalidity  pension  still 
conditions  for  payment  of  that  pension.  Entitlement  to
pension  shall  cease  if  the  Invalidity  Committee  finds  that
those  conditions  are  no  longer  fulfilled.

fulfils 

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 

in
Article 77 calculated on the basis of the actual length
of service,

for 

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.

— or,  where  he  has  reached  the  age  of  at  least  50,  to  a
retirement  pension  in  accordance  with  Section  C  of
this  Chapter.

Where the invalidity arises from an accident in the course
of  or  in  connection  with  the  performance  of  his  duties,

The  time  during  which  he  received  invalidity  pension
shall  be  included  for  the  purpose  of  calculating  his

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30.1.1999

retirement pension, without payment by him of arrears of
contributions.

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.

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  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.

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Article  70

entitlements,  paragraph  1  being  disregarded  for  this
purpose.

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.

S e c t i o n   C

Retirement  pension  and  severance  grant

Article  71

Article  72

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)

(b)

(c)

(d)

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;

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;

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);

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).

For  the  purposes  of  paragraph  1,  weightings  which
2.
could  affect  the  various  amounts  in  question  shall  be
disregarded.

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

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

The  provisions  of  Article  68  and  73  shall  apply  mutatis
mutandis  to  the  widower  of  an  official  or  of  a  former
official.

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Article  75

reimbursed  without  interest  at  the  request  of  the  official
of  or  those  entitled  under  him.

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 
the  household
allowance  shall  be  calculated  by  reference  to  the  pension
of  the  recipient.

in  Article  46; 

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  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.

Article  76

Such payments shall not exceed 16,5 % of his basic salary
and  shall  be  charged  to  the  Europol  budget.

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.

S e c t i o n   E

Settlement  of  claims

Article  80

invalidity, 

retirement, 

Europol  shall  be  responsible  for  calculating  the  amount
of 
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.

S e c t i o n   D

A  retirement  or  invalidity  pension  shall  not  be  paid
concurrently with the salary payable by Europol nor with
the  allowance  payable  under  Article  59.

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.

Salaries  shall  in  all  cases  be  subject  to  deduction  of

3.
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

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

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entitlement, 
established.

save  where 

force  majeure 

is  duly

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.

— 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
insurance  against

implementing  rules,  relating  to 
sickness  and  accident,

Article  84

— payment  of  the  costs  involved  in  transporting  the

body,  as  referred  to  in  Article  61,

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.

S e c t i o n   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.

S e c t i o n   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.

The  subrogation  provided  for  by  paragraph  1  shall

2.
extend,  inter  alia,  to  the  following:

— 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.

The provisions of paragraphs 1, 2 and 3 may not be

4.
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.

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CHAPTER  8

Article  89

DISCIPLINARY  MEASURES

Article  88

Any  failure  by  an  official  to  comply  with  his
1.
obligations  under  these  Staff  Regulations  or  the  Europol
Convention,  whether  intentionally  or  through  negligence
on  his  part,  shall  make  him  liable  to  disciplinary  action.

Disciplinary  measures  shall 

2.
following  forms:

take  one  of 

the

(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)

(f)

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;

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.

A  single  breach  of  obligation  shall  not  give  rise  to

4.
more  than  one  disciplinary  measure.

Disciplinary  measures  shall  be  applied  without
5.
prejudice  to  criminal  liability  incurred  by  an  official
through  the  breach  of  obligation.

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 
in
shall  be 
Appendix  7.

established 

as 

reprimand  without  consulting 

The  Director  shall  have  the  right  to  issue  a  written
the
warning  or  a 
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
in  writing.  A  breach  of  the  obligation  of
official 
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.

Any  official  who  persuades  another  official  to
6.
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.

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.

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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 
be
communicated  to  him.

following 

deletion 

shall 

such 

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
implied
in

reply  where  the  complaint  concerns  an 
decision  rejecting  a  request  as  provided  for 
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.

Appeals  under  paragraph  2  shall  be  filed  within

3.
three  months.  The  period  shall  begin:

— on  the  date  of  notification  of  the  decision  taken  in

response  to  the  complaint,

complaint 

— on  the  date  of  expiry  of  the  period  prescribed  for  the
reply  where  the  appeal  is  against  an  implied  decision
rejecting  a 
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.

submitted  pursuant 

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By way of derogation from paragraph 2, the person
4.
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;

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)

(c)

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;

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.

(c) at  the  end  of  the  month  in  which  the  official

reaches  the  age  of  65  years.

Before  his  employment  is  terminated,  an  official  may  be
suspended,  in  accordance  with  Article  90.

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:

2. Where  employment  is  terminated  in  accordance
with  paragraph  1,  the  Director  may  decide:

(a)

limit 

the  severance  grant  provided 

to 
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;

for 

(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

(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).

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Article  97

(b)

the 

that 
determining  factor  in  his  being  engaged.

information 

false 

furnished  was  a

The  employment  of  an  official  shall  be  terminated

1.
by  Europol  without  notice  if  the  Director  finds:

(a)

that  at  the  time  of  his  engagement  he  deliberately
to  either  his
furnished 
information  as 
requirements  of
professional 
Article  24(2),  and

ability  or 

false 

the 

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

Article  99

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

As  regards  social  security,  Europol  shall  be  responsible
security
share  of 
the  employer’s 
for 
contributions  under 
the
in 
current 
Netherlands.

the 
regulations 

social 

Article  100

shall  be  determined  by  Europol  in  accordance  with
current  rules  and  practice  in  the  place  where  they  are  to
perform  their  duties.

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.

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.

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

accordance  with  Article  6,  or  an  indefinite  contract  as
local  staff  in  accordance  with  Article  98.

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

In  the  framework  of  the  transition  plan  mentioned
3.
under  paragraph  5,  the  duration  of  the  fixed-term
contract  shall  be  adjusted  downward  by  the  Director  in
conformity  with 
the
Member  State  concerned.

the  preferences  expressed  by 

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.

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for 

In  offering  the  contracts  mentioned  above,  the
5.
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 
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.

in  Article  6, 

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

The  posting  of  an  official  who  refuses  an  offer  or
6.
whose  service  during  the  EDU-period  has  not  been
considered  satisfactory,  will  be  considered  to  have  ended

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

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APPENDIX  1

Europol  posts

1.

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

Director

Deputy  directors

Assistant  directors

Intelligence

Exchange  of  information

Operational  support

Technology

Personnel,  training  and  welfare  (human  resources)

Administration,  finance  and  security

Strategic planning

Head  of

Intelligence  development  for  EU  Member  States

Intelligence  development  for  PECO  countries

Intelligence  development  for  the  rest  of  the  world

Analysis

Liaison  with  non-EU  bodies

Investigation  support

Operational  support

Research  and  development  (criminality  and  techniques)

IT  services

Convention  title  II  matters

Technical  support

Directorate  support

External  and  media  relations

Training

Security

Documentation  services  (including  open  sources  research)

Personnel

Head  of

Legal  and  data  protection  services

Welfare services

Finance

General services

First  officers

Intelligence  (specialised  areas)

Strategic analysis

Operational analysis

Investigation  support

Operational  support

Research  and  development

Data  security

Title  II  Matters  Policy  and  Procedure

Performance analysis

Press  and  public  relations

Personnel  —  recruitment  officer

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First  officers

Documentation  services  (open  sources  research)

IT  computer  operations

IT  development

IT  application  support

Directorate  support

Business  planning  and  activity  monitoring

Data  protection

Legal adviser

Visits  and  conferences

Internal  communication

Personnel: — Salary  and  allowance  administration

— Internal Training

Finance

General services

[Security] (1)

Second  officers

Intelligence  (specialised  areas)

Strategic analysis

Operational analysis

Investigation  support

Operational  support

Research  and  Development

Data  security

Performance analysis

Press  and  public  relations

Second  officers

Documentation  services  (open  sources  research)

IT  computer  operations

IT  development

IT  application  support

Title  II  matters

Directorate  support

Business  planning  and  activity  monitoring

Visits  and  conferences

Internal  communication

Personnel

Internal  training

Finance

General services

[Security] (1)

Directorate  assistants

Assistant  to  the  Director

Assistant  to  the  deputy  directors

Assistants

Assistants

Analytical assistants

Assistants  to  the  assistant  directors

Directorate  support  assistants

Administrative  assistants  (all  relevant  departments)

General  services  assistants (*)

Technical assistants (*)

(1) Security  personnel  will  continue  to  be  paid  according  to  local  conditions  for  as  long  as  this  category  is  paid  for

predominantly  by  the  Dutch  Government.  To  indicate  this,  these  posts  have  been  put  in  brackets.

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Other  personnel

Specialised drivers (*)

Drivers (*)

[Security  officers] (1) (*)

Operators (*)

Qualified  Workers (*)

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.

If,  in  the  context  of  drawing  up  the  establishment  plan  and  budget,  the  Management  Board  decides
4.
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.

Posts marked with an asterisk (*) shall be regarded as posts to be filled by local staff as mentioned in
5.
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.

The  following  scales,  as  established  in  Article  45  of  the  Staff  Regulations,  shall  be  attached  to  the

6.
posts  mentioned  in  paragraph  1:

Scale

1

2

3

4  to  5

5  to  7

6  to  10

7  to  10

11  to  13

Post

Director

Deputy  director

Assistant  director

Head  of  unit

First  officer

Directorate  assistant

Second  officer,  assistant

Driver,  operator,  qualified  worker,  security  officer

(1) Security  personnel  will  continue  to  be  paid  according  to  local  conditions  for  as  long  as  this  category  is  paid  for

predominantly  by  the  Dutch  Government.  To  indicate  this,  these  posts  have  been  put  in  brackets.

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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

A  Selection  Board  shall  be  set  up  by  the  Europol  Director.  It  shall  advise  the  Director  on  the

1.
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.

The  Selection  Board  shall  decide  whether  an  external  expert  should  be  appointed  by  the  Director  to

7.
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.

The  secretariat  of  the  Selection  Board,  and  other  administrative  functions  associated  with  the

11.
selection  procedures,  shall  be  the  responsibility  of  the  Personnel  Unit.

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Article  3

1.
For each vacant post, an advertisement shall be drawn up by Europol describing in detail the nature of
the  post,  including  remuneration,  the  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.

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  4

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.

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  6

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.

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  8

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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.

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APPENDIX  3

Compensatory  leave  and  remuneration  for  overtime

Article  1

Within  the  limits  laid  down  in  Article  33  of  the  Staff  Regulations,  overtime  worked  by  an  official  in
scales  11  to  13  of  Article  45  of  the  Staff  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.

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APPENDIX  4

Leave

CONTENTS

SECTION  1: Annual leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 — 5

SECTION  2: Special leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION  3: Travelling time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

7

Articles

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

In addition to annual leave, an official may, on application, be granted special leave. In particular, in

1.
the  following  cases  special  leave  shall  be  granted  as  shown:

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(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.

In  the  cases  mentioned  in  paragraph  1(d)  to  (h),  the  Director  may  extend  the  special  leave  up  to  a

2.
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.

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APPENDIX  5

Remuneration  and  reimbursement  of  expenses

CONTENTS

Article

SECTION  1: Family allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1  to  3

SECTION  2: Expatriation allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION  3: Reimbursement  of  expenses

A. Rent  allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

5

B. Travel  expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6  to  7

C. Removal  expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

D. Mission  expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9  to  14

E. Fixed  reimbursement  of  expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

SECTION  1

Family allowances

Article  1

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 official who, while not
fulfilling  the  conditions  laid  down  in  (a)  and  (b),  nevertheless  actually  assumes  family  responsibilities.

If  the  spouse  of  an  official  is  gainfully  employed,  with  an  annual  income  before  deduction  of  tax  of
3.
more  than  the  basic  annual  salary  of  an  official  in  the  third  incremental  point  of  Scale  13,  the  official
entitled to the household allowance shall not receive this allowance, save by special decision of the Director.
The  official  shall,  however,  be  entitled  to  the  allowance  where  the  couple  have  one  or  more  dependent
children.

4.
In  cases  where,  under  the  foregoing  provisions,  an  official  and  his  spouse  employed  in  the  service  of
Europol  are  both  entitled  to  a  household  allowance,  this  shall  be  payable  only  to  the  person  whose  basic
salary  is  the  higher.

If  the  official  is  entitled  to  the  household  allowance  only  by  virtue  of  paragraph  2(b)  and  a  person
5.
other than the official has by law or by an order of court or of the competent administrative authority been
given custody of all his dependent children within the meaning of Articles 2(2) and (3) below, the household
allowance shall be paid to that other person in the name and on behalf of the official. This condition shall
be deemed to be fulfilled in the case of dependent children who have reached their majority if such children
have  their  normal  residence  with  the  other  parent.

If, however, the official’s children are in the care of several different persons, the household allowance shall
be  divided  among  them  according  to  the  number  of  children  in  their  care.

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If  the  person  eligible  by  virtue  of  the  foregoing  to  receive  the  household  allowance  paid  in  the  official’s
name is also eligible to receive this allowance by reason of his or her own status as official or other member
of  staff,  that  person  shall  receive  the  higher  of  the  two  allowances  only.

Article  2

An  official  who  has  one  or  more  dependent  children  shall,  in  accordance  with  paragraphs  2  and  3

1.
below,  receive  an  allowance  of  NLG  460  per  month  for  each  dependent  child.

‘Dependent child’ means the legitimate, natural or adopted child of an official, or of his spouse, who is

2.
actually  being  maintained  by  the  official.

The  same  shall  apply  to  a  child  for  whom  an  application  for  adoption  has  been  lodged  and  the  adoption
procedure  started.

3.

The  allowance  shall  be  granted:

(a) automatically  for  children  under  18  years  of  age;

(b) on  application,  with  supporting  evidence,  by  the  official  for  children  between  18  and  21  who  are

receiving  educational  or  vocational  training.

Any  person  whom  the  official  has  a  legal  responsibility  to  maintain  and  whose  maintenance  involves
4.
heavy  expenditure  may,  exceptionally,  be  treated  as  if  he  were  a  dependent  child  by  special  reasoned
decision  of  the  Director,  based  on  supporting  documents.

Payment of the allowance in respect of a child prevented by serious illness or invalidity from earning a

5.
livelihood  shall  continue  throughout  the  period  of  that  illness  or  invalidity,  irrespective  of  age.

6. Not  more  than  one  dependent  child  allowance  shall  be  paid  in  respect  of  any  one  dependent  child
within  the  meaning  of  this  Article.

7.
If custody of the dependent child within the meaning of paragraphs 2 and 3 has been entrusted by law
or by an order of court or of the competent administrative authority to another person, the dependent child
allowance  shall  be  paid  to  that  person  in  the  name  and  on  behalf  of  the  official.

Article  3

1.
An official in receipt of an expatriation allowance shall receive an education allowance equal to 75 %
of the actual education costs incurred by him, for actual education costs which do not exceed a maximum
of  NLG  20 000  per  year  for  each  dependent  child,  within  the  meaning  of  Article  2(2)  above,  who  is  in
regular  full-time  attendance  at  an  educational  establishment  for  primary  or  secondary  education.

The  education  allowance  shall  be  NLG  4 500  per  year  for  all  officials,  if  the  child  is  in  regular  full-time
attendance  at  an  educational  establishment  for  tertiary  education.

Entitlement to this allowance commences on the first day of the month in which the child begins to attend a
primary  educational  establishment  and  shall  cease  at  the  end  of  the  month  in  which  the  child  reaches  the
age  of  21.

2.
The maximum amount mentioned in paragraph 1 shall be NLG 27 000 per year, in the case where the
child  is  disabled  and  requires  special  teaching  or  training  to  overcome  the  disability  or  to  prepare  for
integration  into  society.  The  limitation  of  the  education  allowance  specified  in  the  second  subparagraph  of
paragraph  1  shall  not  apply  in  such  cases.

3.
In cases where the child attends an educational institution situated further than 50 km away from The
Hague, board costs shall also be included in the admissible expenses under this Article, up to the maximum
amount  specified  in  paragraphs  1  and  2.

4.
If custody of the child in respect of whom the education allowance is paid has been entrusted by law
or  by  an  order  of  court  or  of  the  competent  administrative  authority  to  another  person,  the  education

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allowance shall be paid to that person in the name and on behalf of the official. In such case, the distance of
at least 50 km referred to in the preceding paragraph shall be calculated from the place of residence of the
person  having  custody  of  the  child.

5.

This  Article  shall  be  revised  if  a  European  school  is  opened  in  The  Hague.

SECTION  2

Expatriation allowance

Article  4

An  expatriation  allowance  shall  be  paid  each  month  in  accordance  with  Article  47  of  the  Staff

1.
Regulations,  as  follows:

(a)

for  officials  in  scales  1,  2  and  3,  an  amount  of  NLG  2 000;

(b)

for  officials  in  scales  4,  5  and  6,  an  amount  of  NLG  1 500;

(c)

for  officials  in  scales  7,  8  and  9,  an  amount  of  NLG  1 000;

(d)

for  officials  in  scales  10,  11,  12  and  13,  an  amount  of  NLG  800.

2.

The  expatriation  allowance  shall  be  payable

(a)

to  officials:

— who are not and have never been nationals of the State in whose territory the place where they are

employed  is  situated,  and

— who during the five years ending six months before they entered the service did not habitually reside
or  carry  on  their  main  occupation  within  the  European  territory  of  that  State.  For  the  purposes  of
this  provision,  circumstances  arising  from  work  done  for  another  State  or  for  an  international
organisation  or  for  the  Europol  Drugs  Unit  shall  not  be  taken  into  account;

(b)

to  officials  who  are  or  have  been  nationals  of  the  State  in  whose  territory  the  place  where  they  are
employed  is  situated  but  who  during  the  10  years  ending  at  the  date  of  their  entering  the  service
habitually  resided  outside  the  territory  of  the  Member  States  of  the  European  Union  for  reasons  other
than  the  performance  of  duties  in  the  service  of  a  State  or  of  an  international  organisation.

3.
For  the  purposes  of  paragraphs  1  and  2,  an  official  who  has,  by  marriage,  automatically  acquired,
without  the  possibility  of  renouncing  it,  the  nationality  of  the  State  in  whose  territory  his  or  her  place  of
employment  is  situated,  shall  be  treated  in  the  same  way  as  an  official  covered  by  the  first  indent  of
paragraph  2(a).

SECTION  3

Reimbursement  of  expenses

A . R e n t   a l l o w a n c e

Article  5

An  official  serving  a  contract  of  limited  duration  who  is  in  receipt  of  an  expatriation  allowance  shall  be
entitled to a rent allowance if the actual rent costs exceed 25 % of the net monthly salary in cases where he
qualifies  for  a  household  allowance  and  30 %  of  the  net  monthly  salary  in  cases  where  he  does  not.

The  rent  allowance  shall  be  80 %  of  the  actual  rent  costs  exceeding  the  amounts  mentioned  above  during
the first two years of the contract, 70 % of those costs in the third year, 60 % in the fourth year and 40 %
in  the  fifth  and  sixth  year.  Actual  rent  costs  exceeding  the  reasonable  maximum  rent  costs  shall  not  be
taken  into  account  for  the  purposes  of  this  calculation.

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The  reasonable  maximum  rent  costs  shall  be  NLG  3 000  for  a  single  official,  NLG  4 000  for  an  official
sharing  the  accommodation  with  his  spouse  and/or  up  to  two  dependent  children  within  the  meaning  of
Article 2(2), and NLG 5 000 for staff members sharing the accommodation with his spouse and/or three or
more  dependent  children  within  the  meaning  of  Article  2(2).

Officials  shall,  when  applying  for  the  rent  allowance,  inform  Europol  of  their  actual  living  arrangements,
including information on whether or not they share their accommodation with their spouse and/or children.
Where  no  such  information  is  supplied,  the  reasonable  maximum  rent  costs  shall  be  set  at  the  rate
applicable  for  a  single  official.

The  rent  allowance  shall  under  no  circumstances  be  more  than  40 %  of  the  actual  rent  costs  or  the
reasonable  maximum  rent  cost,  whichever  is  the  lower.

B . T r a v e l   e x p e n s e s

Article  6

An  official  shall  be  entitled  to  reimbursement  of  travel  expenses  for  himself,  his  spouse  and  his

1.
dependants  actually  living  in  his  household:

(a) on  taking  up  his  appointment,  from  the  place  where  he  was  recruited  to  the  place  where  he  is

employed;

(b) on  termination  of  service  within  the  meaning  of  Articles  94  and  97  of  the  Staff  Regulations,  from  the

place  where  he  is  employed  to  the  place  of  origin  as  defined  in  paragraph  3  below;

(c) on  any  transfer  involving  a  change  in  the  place  where  he  is  employed.

In  the  event  of  the  death  of  an  official,  the  widow,  widower  and  dependants  shall  be  entitled  to
reimbursement  of  travel  expenses  under  the  same  conditions.

Travel expenses shall also include the cost of seat reservations, transport of luggage and, where applicable,
hotel  expenses  necessarily  incurred.

2.

The  basis  for  the  calculation  of  reimbursement  shall  be:

— the shortest and most economical standard route by rail between the place of employment and the place

of  recruitment  or  origin,

— first-class  fare  for  officials  in  scales  1  to  6  of  Article  45  of  the  Staff  Regulations,  second-class  for  other
officials.  However,  if  the  outward-and-return  journey  covers  a  distance  of  800  km  or  more,  officials  in
other  scales  shall  also  be  reimbursed  the  first-class  fare,

— where the journey includes not less than six hours of night travel between 10 p.m. and 7 a.m., sleeping

accommodation  up  to  the  cost  of  tourist  class  or  couchette,  on  production  of  the  relevant  ticket.

Where the route referred to in the first indent of the first subparagraph exceeds 500 km and in cases where
the usual route includes a sea crossing, the official concerned shall be entitled, on production of the tickets,
to  reimbursement  of  the  cost  of  travel  by  air  in  the  most  economical  way.

Where  a  means  of  transport  other  than  those  mentioned  above  is  used,  calculation  of  reimbursement  shall
be based on the cost by rail in the appropriate class, excluding sleeping accommodation. Where calculation
on  this  basis  is  not  possible,  the  terms  of  reimbursement  shall  be  determined  by  special  decision  of  the
Director.

3.
An  official’s  place  of  origin  shall  be  determined  when  he  takes  up  his  appointment,  account  being
taken  of  where  he  was  engaged  or  the  centre  of  his  interests.  The  place  of  origin  as  so  determined  may  by
special  decision  of  the  Director  be  changed  while  the  official  is  in  service  or  when  he  leaves  the  service.
While  he  is  in  the  service,  however,  such  decision  shall  be  taken  only  exceptionally  and  on  production  by
the  official  of  appropriate  supporting  evidence.

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Article  7

1.
An official shall be entitled to be paid once each calendar year a sum equivalent to the actual costs of
travel incurred by him from the place where he is employed to his place of origin as defined in Article 6(3)
for  himself  and,  if  he  is  entitled  to  the  household  allowance,  for  his  spouse  and  dependants  within  the
meaning of Article 2, if the distance by rail between the place of employment and the place of origin is more
than  350  km.

Where  an  official  and  his  spouse  are  both  officials  of  Europol,  each  has  the  right  in  respect  of  himself  or
herself  and  in  respect  of  dependants  to  the  payment  of  travel  expenses,  in  accordance  with  the  above
provisions;  each  dependant  shall  be  entitled  to  one  payment  only.  The  payment  in  respect  of  dependent
children  is  fixed  at  the  request  of  either  spouse,  on  the  basis  of  the  place  of  origin  of  one  or  other  of
them.

2.
The  reimbursement  shall,  on  production  of  the  ticket(s),  be  based  on  the  cost  of  a  first-class  return
ticket by rail in the case of officials in scales 1 to 6 and of a second-class return ticket in the case of other
officials.  However,  if  the  distance  of  the  outward-and-return  journey  is  800  km  or  more,  payment  for
officials  in  other  scales  shall  also  be  based  on  the  cost  of  a  first-class  ticket.  Where  calculation  on  these
bases  is  not  possible,  the  terms  of  payment  shall  be  fixed  by  special  decision  of  the  Director.

Where  the  distance  by  rail  between  the  official’s  place  of  employment  and  his  place  of  origin  exceeds  500
km  and  in  cases  where  the  usual  route  includes  a  sea  crossing,  he  shall  be  entitled,  on  production  of  the
tickets,  to  reimbursement  of  the  cost  of  travel  by  air  in  the  most  economical  way.

3. Where the official uses his private car for the purposes outlined in this Article, he shall be reimbursed
NLG  0,40  per  kilometre  travelled,  but  never  more  than  the  costs  would  have  been  had  he  travelled  using
public  transport.

4.
The preceding provisions shall apply to officials whose place of employment and place of origin are in
the territory of a Member State of the European Union. An official whose place of employment and/or place
of origin are outside that territory shall be entitled for himself and, if he is entitled to receive the household
allowance,  for  his  spouse  and  other  dependants  within  the  meaning  of  Article  2,  in  each  calendar  year,
subject to the submission of supporting documents, to repayment of the actual travel expenses to his place
of  origin,  or  to  repayment  of  travel  expenses  to  another  place  not  exceeding  the  expenses  of  travel  to  his
place  of  origin.

However, if the spouse and the persons referred to in Article 2(2) do not live with the official at his place of
employment,  they  shall  be  entitled  once  in  each  calendar  year,  subject  to  the  submission  of  supporting
documents,  to  repayment  of  travel  expenses  from  the  place  of  origin  to  the  place  of  employment  or  to
repayment  of  actual  travel  expenses  to  another  place  not  exceeding  the  costs  of  the  former  journey.

C . R e m o v a l   e x p e n s e s

Article  8

1.
The  expenses  incurred  in  respect  of  removal  of  furniture  and  personal  effects,  including  the  cost  of
insurance  against  ordinary  risks  (breakage,  theft,  fire),  shall  be  reimbursed  to  an  official  who  is  obliged  to
change  his  place  of  residence  in  order  to  comply  with  Article  16  of  the  Staff  Regulations  and  who  has  not
been reimbursed in respect of the same expenses from another source. Such reimbursement shall not exceed
the amount of an offer approved in advance. Not less than two offers shall be submitted to the appropriate
departments of Europol, which may, if they consider the offer to be excessive, select another removal firm.
In  the  latter  case,  entitlement  to  reimbursement  may  be  limited  to  the  amount  of  that  firm’s  offer.

2. On  termination  of  service  or  on  the  death  of  an  official,  the  expenses  incurred  in  respect  of  removal
from  the  place  where  he  was  employed  to  his  place  of  origin  shall  be  reimbursed  under  the  same
procedure.

Where  the  deceased  official  had  no  spouse,  the  expenses  shall  be  reimbursed  to  those  entitled  under  him.

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Removal  shall  be  effected  within  one  year  of  the  end  of  the  probationary  period.  On  termination  of

3.
service,  removal  shall  be  effected  within  three  years.

Removal  expenses  arising  after  the  expiry  of  the  time-limits  set  out  above  shall  be  reimbursed  only  in
exceptional  cases  by  special  decision  of  the  Director.

D . M i s s i o n   e x p e n s e s

Article  9

1.
An  official  travelling  on  official  business  (hereinafter  referred  to  as  ‘mission’)  and  holding  an
appropriate authorisation shall be entitled to reimbursement of travel expenses, to costs of accommodation
and  to  daily  subsistence  allowance  in  accordanc  with  the  following  provisions.

2.
The  authorisation  shall  state  the  probable  duration  of  the  mission,  on  the  basis  of  which  shall  be
calculated  any  advance  which  the  official  may  draw  against  subsistence  allowance  and  travel  costs.  Save
where a special decision is taken, no advance shall be payable where the misson is not expected to involve
an absence of more than 24 hours and is to be carried out in a country using the same currency as that used
in  the  place  where  the  official  is  employed.

Article  10

Travel expenses for officials on mission shall cover the costs of first class rail transport by the shortest

1.
route.

Travel  expenses  shall  also  include:

— transport  to  and  from  the  station,  harbour  or  airport  —  both  on  the  onward  and  the  return  journey,

— the  cost  of  seat  reservations  and  transport  of  necessary  luggage,

— supplements  for  sleeping  accommodation  (reimbursed  against  production  of  sleeper  tickets)  where  the

journey  includes  not  less  than  six  hours  of  night  travel  between  10  p.m.  and  7  a.m.,

— in  a  single  sleeper  or,  if  not  available,  special  sleeper  for  the  Director  as  well  as  for  the  Deputy

Director  or  Assistant  Directors,

— in  a  double  sleeper  for  other  officials,

— where the train to be taken does not have sleeping accommodation of the category specified for the

officials,  reimbursement  shall  be  made  on  the  basis  of  the  next  highest  available  category.

An official may be authorised to travel by air, in the most economical way. In that case reimbursement
2.
shall be made against production of tickets for business class for officials in scales 1 to 4, and economy class
for  other  officials.

By  decision  of  the  Director,  officials  accompanying  an  official  in  scale  1  to  4  on  a  given  mission  may,  on
production  of  tickets,  be  reimbursed  the  cost  of  the  journey  in  the  same  class  as  that  used  by  the  member
for  that  journey.

Under the conditions laid down in rules adopted by the Management Board, officials who travel on mission
under particularly tiring conditions may, by decision of the Director, be reimbursed the cost of the journey
in  the  class  used,  on  production  of  tickets.

3.

For  journeys  by  sea,  the  class  of  travel  shall  be  determined  in  each  case  by  the  Director.

An official may be authorised to use his own car on a given mission, provided that the duration of the

4.
mission  is  not  thereby  significantly  increased.

Reimbursement  of  travel  expenses  shall  in  that  case  be  calculated  on  the  standard  basis  prescribed  in
paragraph 1.

In the case of an official travelling regularly on mission in special circumstances, however, the Director may
decide to grant that official an allowance per kilometre covered instead of reimbursement or rail fares, if the

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use  of  public  transport  and  reimbursement  of  travel  expenses  on  the  normal  basis  involve  definite
disadvantages.

An  official  authorised  to  use  his  own  car  shall  remain  fully  liable  for  any  accidents  to  his  car  or  to  third
parties; he must be in possession of an insurance policy covering civil liability up to an amount considered
adequate  by  the  Director.

The costs of hired transport or a taxi shall be fully reimbursed if deemed necessary in the interests of

5.
the  mission  by  a  duly  authorised  Europol  official.

Article  11

Any  reimbursement  received  from  third  parties  for  expenditures  provided  for  in  this  section  shall  be
deducted  from  the  reimbursement  to  which  the  staff  member  concerned  is  entitled.  Should  the  European
Commission’s community reimbursement scheme for travel and accommodation expenses apply to the staff
member  concerned,  he  shall  not  be  entitled  to  any  reimbursement  on  the  basis  of  these  regulations.

Article  12

If a staff member can demonstrate that he incurred expenses on mission due to some illness or accident, he
may  be  granted  some  amount  of  reimbursement  to  cover  those  expenses  insofar  as  he  was  obliged  to  pay
for  them  for  himself.

If  a  staff  member  can  demonstrate  that  he  incurred  expenses  arising  from  loss  or  theft  of  or  damage  to
luggage that he needed on mission, he may be granted some reimbursement, which amount shall be limited
to  the  relevant  maximum  amount  established  by  the  Director.

Article  13

Costs  of  accommodation  shall  be  reimbursed  in  accordance  with  the  rules  determined  by  the

1.
Management  Board.

Reimbursement  shall  not  be  provided  for  the  costs  of  accommodation  connected  to:

(a) a  mission  of  less  than  four  hours;

(b) any  segment  of  a  mission  of  less  than  four  hours,  which  segment  takes  place  in  the  Netherlands  and

immediately  follows  or  precedes  travel  by  air  or  sea.

A  staff  member  who  is  entitled  to  reimbursement  for  overnight  accommodation  shall  be  reimbursed

2.
for  the  expenses  he  incurs  for  such  accommodation.

3.
Reimbursement  for  meals  shall  not  be  granted  if  the  staff  members  concerned  had  the  opportunity
during his mission to receive meals provided (either at a cost or free of charge), unless he can demonstrate
that  he  was  unable  to  use  those  provisions.

4.
The  amount  of  reimbursement  provided  for  under  paragraph  1  may  be  reduced  by  the  Director  if  he
finds  that  the  nature  of  the  activities  or  conditions  of  travel  of  the  staff  member  concerned  justify  such
action  and  if  that  staff  member  is  obliged  to  undertake  numerous  missions.

5.
The  Director  may  grant  an  official  partial  or  full  entitlement  to  reimbursement  over  and  above  that
which  is  provided  for  under  this  Article  if,  due  to  unusual  circumstances,  those  provisions  for
reimbursement  are  not  sufficient  to  cover  that  staff  member’s  accommodation  costs  and  he  can  provide  all
the  documentation  required.

The details of the daily subsistence allowance and costs of accommodation to be reimbursed shall be as laid
down  in  the  rules  determined  by  the  Management  Board.

Article  14

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E .   F i x e d   r e i m b u r s e m e n t   o f   e x p e n s e s

Article  15

The Director and Deputy Directors who, by reason of their duties, incur representation expenses may
1.
be granted a fixed rate allowance by the Management Board, which shall determine the amount thereof in
relation  to  actual  costs.

In  the  case  of  officials  who,  as  a  result  of  special  instructions,  occasionally  incur  representation
2.
expenses  for  official  purposes,  the  amount  of  the  representation  expenses  to  be  reimbursed  shall  be
determined  by  the  Director,  based  upon  appropriate  receipts.

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APPENDIX  6

Pension  scheme

CONTENTS

Article

CHAPTER  1: General  provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

CHAPTER  2: Retirement  pension  and  severance  grant

Section  1: Retirement  pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section  2: Severance  grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2—9

10

CHAPTER  3:

Invalidity  pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11—14

CHAPTER  4: Survivor’s  pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15—27

CHAPTER  5: Provisional  pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28—31

CHAPTER  6: Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32—33

CHAPTER  7: Contributions  and  payment  of  benefits

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34—37

CHAPTER  1

GENERAL  PROVISIONS

Article  1

1. Where the medical examination made before an official takes up his duties shows that he is suffering
from  sickness  or  invalidity,  the  Director,  insofar  as  risks  arising  from  such  sickness  or  invalidity  are
concerned,  may  decide  to  admit  that  official  to  guaranteed  benefits  in  respect  of  invalidity  or  death  only
after  a  period  of  four  years  from  the  date  of  his  entering  the  service  of  Europol.

2.
An official on leave for national service as defined in Article 42 of the Staff Regulations shall cease to
benefit  from  the  guarantees  in  respect  of  invalidity  or  death  arising  directly  from  an  accident  sustained,  or
sickness  contracted,  by  reason  of  such  service.  The  foregoing  provisions  shall  not  affect  the  entitlement  of
survivors  to  pension  on  the  basis  of  rights  acquired  by  the  official  on  the  date  when  he  is  placed  on  such
leave.

3. Where in this Appendix a widow or divorced wife is mentioned, it shall equally apply to a widower or
divorced  husband.

CHAPTER  2

RETIREMENT  PENSION  AND  SEVERANCE  GRANT

S e c t i o n   1

Retirement  pension

Article  2

A  retirement  pension  shall  be  payable  on  the  basis  of  the  total  number  of  years  of  pensionable  service
acquired  by  the  official.  Each  year  of  service  reckoned  as  provided  for  in  Article  3  shall  entitle  him  to  one
year  of  pensionable  service  and  each  complete  month  to  one  twelfth  of  a  year  of  pensionable  service.

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The maximum number of years of pensionable service which may be taken into account for the calculation
of  retirement  pension  rights  shall  be  35.

Article  3

For  the  purpose  of  calculating  years  of  pensionable  service  within  the  meaning  of  Article  2,  the  following
shall  be  taken  into  account:

(a)

the  period  of  service  as  an  official  of  Europol  in  accordance  with  the  Staff  Regulations;

(b) a  period  of  personal  leave  taken  in  accordance  with  Article  41  of  the  Staff  Regulations;

provided that the official concerned has paid his share of the pension contribution in respect of such periods
of  service.

Article  4

An  official  who  having  previously  completed  a  period  of  activity  in  the  service  of  Europol  as  an  official
resumes active employment with Europol shall acquire further pension rights. He may request that, for the
purpose  of  calculating  his  pension  rights,  the  whole  of  the  period  of  service  as  an  official  for  which
contributions have been paid be taken into account, subject to his repaying any sums paid to him pursuant
to  Article  10  of  this  Appendix  or  to  Article  77  of  the  Staff  Regulations  or  received  by  him  by  way  of
retirement  pension,  plus  compound  interest  at  the  rate  of  3,5 %  per  annum.

Where  the  official,  being  entitled  to  a  retirement  pension,  does  not  repay  the  sums  referred  to  in  the  first
paragraph,  a  capital  sum  representing  the  actuarial  equivalent  of  his  retirement  pension  as  at  the  date  on
which such pension ceased to be paid to him, plus compound interest at the rate of 3,5 % per annum, shall
be  paid  to  him  in  the  form  of  a  deferred  retirement  pension  payable  at  the  age  when  he  ceases  to  perform
his  duties.

Where an official, on terminating his service, is entitled to a severance grant, this grant shall be reduced by
the  amount  of  the  payments  made  under  Article  79  of  the  Staff  Regulations  increased  with  compound
interest at the rate of 3,5 % per annum; where he is entitled to a retirement pension, his pension rights shall
be  reduced  in  proportion  to  the  payments  made  under  that  Article.

Article  5

The  minimum  subsistence  figure  for  the  purpose  of  calculating  pension  benefits  shall  correspond  to  the
gross  basic  salary  of  scale  13,  first  incremental  point,  provided  that  the  person  concerned  has  no  pension
rights  from  other  sources.

Article  6

‘Actuarial  equivalent  of  the  retirement  pension’  means  the  capital  value  of  the  benefits  accruing  to  the
official,  calculated  by  reference  to  the  latest  mortality  tables  compiled  by  the  budgetary  authorities  of  the
European  Communities  in  accordance  with  Article  35,  the  rate  of  interest  applicable  being  3,5 %  per
annum.

Article  7

An  official  leaving  the  service  before  reaching  the  age  of  62  years  may  request  that  his  retirement
pension:

— be  deferred  until  the  first  day  of  the  calendar  month  following  that  in  which  he  reaches  the  age  of  62,

or

— be  paid  immediately,  provided  that  he  is  not  less  than  52  years  of  age.  In  this  case,  the  retirement
pension  shall  be  reduced  by  an  amount  calculated  by  reference  to  the  official’s  age  when  he  starts  to
draw  his  pension,  as  shown  in  the  following  table:

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Pension  payable  on  early  retirement  expressed  in  terms  of  the  pension  payable  on  retirement  at  age  62

Retirement  at  age

Coefficient

52

53

54

55

56

57

58

59

60

61

0,50678

0,53834

0,57266

0,61009

0,65582

0,69582

0,74508

0,79936

0,85937

0,92593

Article  8

The  right  to  receive  payment  of  retirement  pension  shall  have  effect  from  the  first  day  of  the  calendar
month  following  that  in  which  the  official,  whether  automatically  or  at  his  own  request,  becomes  eligible
for  that  pension;  he  shall  continue  to  receive  his  remuneration  unteil  his  pension  becomes  payable.

Article  9

1.

An  official  who  leaves  the  service  of  Europol  to:

— enter  the  service  of  a  government  administration  or  a  national  or  international  organisation  which  has

concluded  an  agreement  with  Europol,

— pursue  an  activity  in  an  employed  or  self-employed  capacity,  by  virtue  of  which  he  acquires  pension

rights  under  a  scheme  whose  administrative  bodies  have  concluded  an  agreement  with  Europol,

shall  be  entitled  to  have  the  actuarial  equivalent  of  his  retirement  pension  rights  in  Europol  transferred  to
the  pension  fund  of  that  administration  or  organisation  or  to  the  pension  fund  under  which  he  acquires
retirement  pension  rights  by  virtue  of  the  activity  pursued  in  an  employed  or  self-employed  capacity.

2.

An  official  who  enters  the  service  of  Europol  after:

— leaving  the  service  of  a  government  administration  or  of  a  national  or  international  organisation,  or

— pursuing  an  activity  in  an  employed  or  self-employed  capacity,

shall  be  entitled  upon  establishment  to  have  paid  to  the  Europol  fund  mentioned  in  Article  37  either  the
actuarial equivalent or the flat-rate redemption value of retirement pension rights acquired by virtue of such
service  or  activities.

In  such  case  Europol  shall,  taking  into  account  his  salary  scale  on  establishment,  determine  the  number  of
years of pensionable service with which he shall be credited under its own pension scheme in respect of the
former  period  of  service,  on  the  basis  of  the  amount  of  the  actuarial  equivalent  of  sums  repaid  as
aforesaid.

Paragraph  2  shall  also  apply  to  an  official  who  is  reinstated  after  a  period  of  leave  on  personal

3.
grounds  under  Article  41  of  the  Staff  Regulations.

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S e c t i o n   2

Severance grant

Article  10

An official aged less than 62 years whose service terminates otherwise than by reason of death or invalidity
and who is not entitled to a retirement pension and cannot benefit from the provisions of Article 9(1) shall
be  entitled  on  leaving  the  service  to  payment  of:

(a)

the  aggregate  amount  deducted  from  his  basic  salary  in  respect  of  his  pension  contributions,  plus
compound  interest  at  the  rate  of  3,5 %  per  annum;

(b) provided that his contract has not been terminated for disciplinary reasons as specified in Article 88 of
the Staff Regulations, a severance grant proportionate to his actual length of service, calculated on the
basis of one month for each year of service of the last basic salary before deductions. In cases covered
by Article 9(2), the period of former service shall likewise be deemed to be actual service, to the extent
of  the  number  of  years  of  pensionable  service  which  Europol  credited  to  him  in  accordance  with  the
second  subparagraph  of  Article  9(2);

(c)

the  total  sum  paid  to  the  Europol  fund  mentioned  in  Article  37,  in  accordance  with  Article  9(2),  plus
compound  interest  at  the  rate  of  3,5 %  per  annum.

CHAPTER  3

INVALIDITY  PENSION

Article  11

Subject  to  the  provisions  of  Article  1(1),  an  official  aged  less  than  65  years  who  at  any  time  during  the
period in which he is acquiring pension rights is recognised by the Invalidity Committee to be suffering from
total permanent invalidity preventing him from performing the duties corresponding to a post in his salary
scale, and who is obliged on these grounds to end his service with Europol shall be entitled, for so long as
such  incapacity  persists,  to  invalidity  pension  as  provided  for  in  Article  65  of  the  Staff  Regulations.

Invalidity  pension  and  retirement  pension  shall  not  be  paid  concurrently.

Article  12

The right to receive payment of invalidity pension shall have effect from the first day of the calendar month
following  the  official’s  retirement  under  Article  65  of  the  Staff  Regulations.

When the former official ceases to satisfy the requirements for payment of the pension he must be reinstated
in  the  first  post  corresponding  to  his  salary  scale  which  falls  vacant  in  his  type  of  post,  provided  that  he
satisfies  the  requirements  for  that  post.  If  he  declines  the  post  offered  to  him,  he  shall  retain  his  right  to
reinstatement when the next vacancy corresponding to his salary scale occurs in his type of post subject to
the  same  proviso;  if  he  declines  a  second  time,  he  may  be  required  to  resign.

Where a former official in receipt of invalidity pension dies, entitlement to pension shall cease at the end of
the  calendar  month  during  which  he  died.

Article  13

While  a  former  official  drawing  invalidity  pension  is  aged  less  than  62  years,  Europol  may  have  him
medically  examined  periodically  to  ascertain  that  he  still  satisfies  the  requirements  for  payment  of  the
pension.

In  case  of  invalidity  of  an  official  on  a  fixed-term  contract,  the  seconding  national  authority  may  on  the
date  that  the  contract  would  have  expired  also  have  a  national  medical  examination  to  determine  whether
the  official  can  be  deemed  suitable  for  reintegration  into  that  authority.

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If  an  official  entitled  to  a  Europol  invalidity  pension  is  receiving  an  invalidity  pension  from  a  separate
national  scheme  for  employees  or  is  receiving  professional  income,  the  Europol  invalidity  pension  will  be
reduced  so  that  the  total  amount  of  net  income  received  does  not  exceed  the  maximum  permissible
entitlements  under  Article  65(1)  of  the  Staff  Regulations.

Article  14

Where  a  former  official  who  has  been  drawing  invalidity  pension  is  reinstated  in  Europol,  the  time  during
which he received invalidity pension shall be included for the purpose of calculating his retirement pension,
without  payment  by  him  of  arrears  of  contributions.

CHAPTER  4

SURVIVOR’S  PENSION

Article  15

Where  an  official  dies  while  in  the  active  service  of  Europol  or  on  personal  leave  in  accordance  with  the
Staff  Regulations,  his  widow  shall  be  entitled,  provided  that  she  has  been  married  to  him  for  at  least  one
year  at  the  time  of  his  death  and  subject  to  the  provisions  of  Articles  1(1)  and  21,  to  a  widow’s  pension
equal  to  60 %  of  the  retirement  pension  which  the  official  would  have  been  paid  if  he  had  qualified,
irrespective  of  length  of  service  or  of  age,  for  such  pension  at  the  time  of  death.

The  duration  of  the  marriage  shall  not  be  taken  into  account  if  there  are  one  or  more  children  of  the
marriage  or  of  a  previous  marriage  of  the  official  provided  that  the  widow  maintains  or  has  maintained
those children, or if the official’s death resulted either from physical disability or sickness contracted in the
performance  of  his  duties  or  from  accident.

Article  16

Where a former official was in receipt of retirement pension his widow shall be entitled, provided that she
had  been  married  to  him  for  at  least  one  year  when  he  left  the  service  of  Europol,  and  subject  to  the
provisions  of  Article  21,  to  a  widow’s  pension  equal  to  60 %  of  the  retirement  pension  which  he  was
receiving at the time of his death. The minimum widow’s pension shall be 35 % of the last basic salary; the
amount  of  the  widow’s  pension  shall  in  no  case,  however,  exceed  the  amount  of  the  retirement  pension
which  her  husband  was  receiving  at  the  time  of  his  death.

The duration of the marriage shall not be taken into account if there are one or more children of a marriage
contracted  by  the  official  before  he  left  the  service,  provided  that  the  widow  maintains  or  has  maintained
those  children.

Article  17

The widow of a former official who left the service before reaching the age of 62 years and requested that
his retirement pension be deferred until the first day of the calendar month following that during which he
reached the age of 62 years shall be entitled, provided that she has been married to him for at least one year
when he left the service of Europol, and subject to the provisions of Article 21, to a widow’s pension equal
to  60 %  of  the  retirement  pension  which  would  have  been  payable  to  her  husband  at  the  age  of  62  years.
The  minimum  widow’s  pension  shall  be  35 %  of  the  last  basic  salary;  the  amount  of  the  widow’s  pension
shall  in  no  case,  however,  exceed  the  amount  of  the  retirement  pension  to  which  the  official  would  have
been  entitled  at  the  age  of  62  years.

The duration of the marriage shall not be taken into account if there are one or more children of a marriage
contracted  by  the  former  official  before  he  left  the  service  provided  that  the  widow  maintains  or  has
maintained  those  children.

Where  a  former  official  was  in  receipt  of  invalidity  pension  his  widow  shall  be  entitled,  subject  to  the
provisions of Article 21, provided that she was married to him when he became eligible for the pension, to a

Article  18

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widow’s pension equal to 60 % of the invalidity pension which he was receiving at the time of his death or
would  have  been  receiving  but  for  anti-accumulation.

If a widow is receiving a pension under a separate scheme, the Europol widow’s pension will be reduced so
that  the  total  widow’s  pension  does  not  exceed  the  maximum  permissible  under  this  Article.

The minimum widow’s pension shall be 35 % of the final basic salary; the amount of the widow’s pension
shall in no case, however, exceed the amount of the invalidity pension which her husband was entitled to at
the  time  of  his  death.

Article  19

For  the  purpose  of  Articles  15,  16  and  17,  the  duration  of  the  marriage  shall  not  be  taken  into  account
where  the  marriage,  though  contracted  after  termination  of  the  official’s  service,  has  lasted  at  least  five
years.

Article  20

1.
The  orphan’s  pension  provided  for  in  the  first,  second  and  third  subparagraphs  of  Article  69  of  the
Staff  Regulations  shall  for  the  first  orphan  be  equal  to  eight  tenths  of  the  survivor’s  pension  to  which  the
widow  of  an  official  or  former  official  in  receipt  of  a  retirement  or  invalidity  pension  would  have  been
entitled,  the  reductions  set  out  in  Article  23  of  this  Appendix  being  disregarded.

It  shall  not  be  less  than  the  minimum  subsistence  figure,  subject  to  the  provisions  of  Article  21  of  this
Appendix.

The  pension  shall  be  increased,  for  each  dependent  child  after  the  first,  by  an  amount  equal  to  twice

2.
the  dependent  child  allowance.

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

The total amount of pension and allowance calculated in this way shall be divided equally among the

3.
orphans  entitled.

Article  21

Where  an  official  leaves  a  widow  and  also  orphans  of  a  previous  marriage  or  other  persons  entitled  under
him,  the  total  pension,  calculated  as  if  for  a  widow  having  all  these  persons  dependent  on  her,  shall  be
apportioned  among  the  various  persons  concerned  in  proportion  to  the  pensions  which  would  have  been
payable  to  each  category  of  them  if  treated  separately.

Where  an  official  leaves  orphans  of  different  marraiges,  the  total  pension,  calculated  as  though  all  the
children  were  of  the  same  marriage,  shall  be  apportioned  among  the  various  persons  concerned  in
proportion  to  the  pensions  which  would  have  been  payable  to  each  category  of  them  if  treated
separately.

For  the  purposes  of  calculating  this  apportionment,  children  of  a  previous  marriage  of  either  spouse,  who
are  recognised  as  dependants  within  the  meaning  of  Article  2  of  Appendix  5  shall  be  included  in  the
category of children of the marriage to the official or former official in receipt of a retirement or invalidity
pension.

In  the  case  envisaged  in  the  second  paragraph,  ascendants  who  are  recognised  as  being  dependants  as
provided for in Article 2 of Appendix 5 shall be treated in the same way as dependent children and, for the
purpose  of  calculating  the  apportionment,  included  in  the  category  of  descendants.

The right to receive payment of survivor’s pension shall have effect from the first day of the calendar month
following  that  in  which  the  official  or  former  official  in  receipt  of  a  retirement  or  invalidity  pension  died.

Article  22

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However, where the payment provided for in Article 48 of the Staff Regulations is made on the death of the
official  or  of  the  person  entitled  to  a  pension,  such  right  shall  take  effect  on  the  first  day  of  the  fourth
month  following  that  in  which  death  occurred.

The right to receive payment of survivor’s pension shall cease at the end of the calendar month in which the
recipient  of  the  pensions  dies  or  ceases  to  satisfy  the  requirements  for  payment  of  the  pension.

Article  23

Where  the  difference  in  age  between  the  deceased  official  or  former  official  in  receipt  of  a  retirement  or
invalidity pension and his surviving spouse, less the length of time they have been married, is more than 10
years,  the  survivor’s  pension,  calculated  in  accordance  with  the  preceding  provisions,  shall  be  subject  to  a
reduction,  per  full  year  of  difference,  amounting  to:

— 1 %  for  between  10  and  20  years,

— 2 %  for  between  20  and  24  years,

— 3 %  for  between  25  and  29  years,

— 4 %  for  between  30  and  34  years,

— 5 %  from  35  years.

Article  24

A  widow’s  entitlement  to  survivor’s  pension  shall  cease  on  remarriage.  She  shall  be  entitled  to  immediate
payment  of  a  capital  sum  equal  to  twice  the  annual  amount  of  her  survivor’s  pension,  provided  that  the
second  paragraph  of  Article  69  of  the  Staff  Regulations  does  not  apply.

Article  25

The  divorced  wife  of  an  official  or  a  former  official  shall  be  entitled  to  a  survivor’s  pension,  as  defined  in
this  chapter,  provided  that,  on  the  death  of  her  former  husband,  she  can  justify  entitlement  on  her  own
account  to  receive  maintenance  from  him  by  virtue  of  a  court  order  or  as  a  result  of  a  settlement  between
herself  and  her  former  husband.

The survivor’s pension may not, however, exceed the amount of maintenance paid at the time of her former
husband’s  death.

The divorced wife’s entitlement shall cease if she remarries before her former husband dies. The provisions
of  Article  24  shall  apply  if  she  remarries  after  her  former  husband  dies.

Article  26

Where  the  deceased  official  leaves  more  than  one  divorced  wife  entitled  to  survivor’s  pension  or  one  or
more  divorced  wives  and  a  widow  entitled  to  a  survivor’s  pension,  that  pension  shall  be  divided  in
proportion  to  the  respective  duration  of  the  marriages.  The  provisions  of  the  second  and  third
subparagraphs  of  Article  25  shall  apply.

If any of the persons entitled to pension dies or renounces her share, her share shall accrue to the shares of
the  other  persons,  except  where  there  are  orphans’  rights  under  the  second  paragraph  of  Article  69  of  the
Staff  Regulations.

Reductions  in  respect  of  difference  in  age,  as  provided  for  in  Article  23,  shall  be  applied  separately  to
pensions  divided  in  accordance  with  this  Article.

Article  27

Where,  under  Article  82  of  the  Staff  Regulations,  the  divorced  wife  ceases  to  be  entitled  to  a  pension,  the
total  pension  shall  be  payable  to  the  widow,  provided  the  second  paragraph  of  Article  69  of  the  Staff
Regulations  does  not  apply.

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CHAPTER  5

PROVISIONAL  PENSIONS

Article  28

The  spouse  or  persons  recognised  as  dependants  of  an  official  in  active  service  to  Europol  or  on  personal
leave  in  accordance  with  the  Staff  Regulations  whose  whereabouts  are  unknown  for  more  than  one  year
provisionally  receive  the  survivor’s  pension  to  which  they  would  be  entitled  under  this  Appendix.

Article  29

The  spouse  or  persons  recognised  as  dependants  of  a  former  official  in  receipt  of  retirement  or  invalidity
pension  whose  whereabouts  are  unknown  for  more  than  one  year  may  provisionally  receive  the  survivor’s
pension  to  which  they  would  be  entitled  under  this  Appendix.

The  provisions  of  Article  29  shall  apply  to  persons  recognised  as  a  dependant  of  a  person  in  receipt  of  or
entitled  to  a  survivor’s  pension  whose  whereabouts  are  unknown  for  more  than  one  year.

Article  30

Article  31

Provisional pensions under Articles 28, 29 and 30 shall be converted into definitive pensions when the death
of the official, former official or person entitled to a survivor’s pension has been duly confirmed or he has
been  legally  declared  missing,  presumed  dead.

CHAPTER  6

ALLOWANCES

Article  32

The  provisions  of  the  second  paragraph  of  Article  75  of  the  Staff  Regulations  shall  apply  to  persons  in
receipt  of  a  provisional  pension.

The  provisions  of  Article  75  of  the  Staff  Regulations  shall  not  apply  to  children  born  more  than  300  days
after  the  death  of  the  official  or  former  official  in  receipt  of  a  retirement  or  invalidity  pension.

Article  33

The award of a retirement, invalidity or survivor’s pension or of a provisional pension shall not entitle the
pensioner  to  expatriation  allowance,  nor  to  the  rent  and  education  allowance.  However,  the  survivors  and
the invalidated officials shall remain entitled to the rent allowance and the education allowance, but not for
a  longer  term  than  they  would  have  been  entitled  to  such  allowances  under  active  service  conditions.

CHAPTER  7

CONTRIBUTIONS  AND  PAYMENT  OF  BENEFITS

Article  34

An official on leave on personal grounds who continues to acquire further pension rights on the conditions
laid  down  in  Article  41  of  the  Staff  Regulations  shall  continue  to  pay  the  contribution  referred  to  in
Article  78  of  the  Staff  Regulations  on  the  basis  of  the  salary  carried  by  his  salary  scale  and  incremental
point.

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All  benefits  to  which  any  such  official  or  those  entitled  under  him  may  be  entitled  under  this  pension
scheme  shall  be  calculated  on  the  basis  of  such  salary.

Article  35

1.
The budgetary authorities of Europol shall after each period of five years, after consulting one or more
qualified  actuaries,  the  Director  and  the  Staff  Committee,  lay  down  mortality  and  invalidity  tables  and  the
assumed salary increases for use in calculating the actuarial values provided for in the Staff Regulations and
in  this  Appendix.

2.
A reassessment of this pension scheme will take place after five years after the entry into force of the
Staff  Regulations,  on  the  basis  of  the  abovementioned  actuarial  assessments,  which  shall  include  a
re-appraisal  of  the  interest  rates  mentioned  in  Articles  4,  6  and  10,  and  following  decisions  in  other
international  organisations,  notably  the  European  Union.

The validity of this Appendix shall cease one year after the period mentioned in paragraph 2, and shall

3.
be  renewed  before  that  date.

Article  36

Any sums due from an official or former official in receipt of a retirement or invalidity pension to Europol
at  the  date  when  a  benefit  is  payable  under  this  pension  scheme  shall  be  deducted  from  the  amount  of  his
benefit  or  from  the  benefits  payable  to  those  entitled  under  him.  The  deduction  may  be  spread  over  a
number  of  months.

Article  37

1.
An independent provisional pension fund shall be established for the sole purpose of the financing and
execution  of  the  payments  under  this  pension  scheme.  The  employee  contribution  (8,25 %)  and  employer
contribution  (16,5 %) shall be deposited monthly in the fund. The means available in the fund may not be
directed  temporarily  nor  definitively  to  any  purpose  but  investment  for  the  financing  and  execution  of  the
payments  under  this  pension  scheme.

2.

The  fund  shall  be  managed  externally.

3.

The  rules  governing  the  fund  shall  be  laid  down  by  the  Council.

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APPENDIX  7

Composition  and  procedure  of  the  Staff  Committee,  the  Invalidity  Committee  and  the  Disciplinary  Board

SECTION  1

Staff  Committee

Article  1

A  Staff  Committee  shall  be  set  up,  which  shall  represent  the  collective  interests  of  Europol  staff  in  their
relations  with  the  Director  of  Europol.

The  conditions  for  election  to  the  Staff  Committee  shall  be  laid  down  by  the  general  assembly  of  the
officials  of  Europol.  Election  shall  be  by  secret  ballot.

Elections to the Staff Committee shall be valid only if the majority of the officials entitled to vote take part.
If  this  proportion  is  not  attained,  a  subsequent  general  assembly  may  validly  vote  by  the  majority  of  those
present.

The  Staff  Committee  shall  comprise  a  maximum  of  seven  members,  together  with  their  alternates  if  any,
whose term of office shall be two years. Europol may, however, decide to fix a shorter term of office, which
may not be less than one year. Every official of Europol shall be entitled to vote and stand for election. The
Committee  shall  elect  a  chairman.

Membership  of  the  Staff  Committee  shall  be  such  as  to  ensure  the  representation  of  all  officials.  The
Director  shall  take  steps  to  ensure  the  appropriate  cooperation  between  the  Staff  Committee  and
representatives  of  local  staff.

The  duties  undertaken  by  members  of  the  Staff  Committee  shall  be  deemed  to  be  part  of  their  normal
service  in  Europol.  The  fact  of  performing  such  duties  shall  in  no  way  be  prejudicial  to  the  persons
concerned.

Taking into account the real workload of his task, the Chairman of the Staff Committee could be attributed
a  partial  working  exemption  by  the  Director.

Article  2

The  Staff  Committee  shall  meet  at  the  request  of  the  Director  or  at  its  own  initiative.

The  proceedings  of  the  Committee  shall  be  valid  only  if  the  majority  of  the  members  or,  in  their  absence,
their  alternates  are  present.

The  opinion  of  the  Committee  shall  be  communicated  in  writing  to  the  Director  within  five  days  of  its
adoption.

Any  member  of  the  Committee  may  require  that  his  views  be  recorded  in  the  opinion  of  the  Committee.

Europol  shall  put  appropriate  accommodation  at  the  disposal  of  the  Staff  Committee.

SECTION  2

Invalidity Committee

Article  3

The  Invalidity  Committee  shall  consist  of  three  doctors:

— one  appointed  by  Europol,

— one  appointed  by  the  official  concerned,  and

— one  appointed  by  agreement  between  the  first  two  doctors.

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Should the official concerned fail to appoint a doctor, the President of the Court of Justice of the European
Communities  shall  appoint  one.

In the event of failure to agree on the appointment of a third doctor within two months of the appointment
of the second doctor, the third shall be appointed by the President of the Court of Justice of the European
Communities  at  the  request  of  one  of  the  parties  concerned.

Article  4

Expenses  incurred  in  connection  with  the  proceedings  of  the  Invalidity  Committee  shall  be  borne  by
Europol.

Where  the  doctor  appointed  by  the  official  concerned  is  resident  elsewhere  than  at  the  place  where  the
official  is  employed,  the  official  shall  bear  the  costs  of  the  additional  fees  entailed,  with  the  exception  of
first-class  travel  expenses,  which  shall  be  refunded  by  Europol.

Article  5

The  official  may  submit  to  the  Invalidity  Committee  any  reports  or  certificates  from  his  regular  doctor  or
from  any  medical  practitioners  whom  he  may  have  consulted.

The  Invalidity  Committee’s  conclusions  shall  be  communicated  to  the  Director  and  to  the  official
concerned.

The  proceedings  of  the  Committee  will  not  be  made  public.

SECTION  3

Disciplinary Board

Article  6

The  Disciplinary  Board  shall  consist  of  a  Chairman  and  four  members.  They  shall  be  assisted  by  a
secretary.

Article  7

The  Director  shall  each  year  appoint  the  Chairman  of  the  Disciplinary  Board.  The  Chairman  shall  in

1.
no  circumstances  also  be  a  member  of  the  Staff  Committee.

The  Director  shall  also  draw  up  a  list  of  members  for  the  Board.

The  Staff  Committee  shall  at  the  same  time  transmit  a  similar  list  to  the  Director.

2. Within  five  days  of  receipt  of  a  report  initiating  either  disciplinary  proceedings  or  the  procedure
provided  for  in  Article  18  of  the  Staff  Regulations,  the  Chairman  of  the  Disciplinary  Board  shall,  in
presence  of  the  official  concerned,  draw  lots  from  among  the  names  in  the  abovementioned  lists  to  decide
which  four  members  shall  constitute  the  Board,  two  being  drawn  from  each  list.

Members  of  the  Disciplinary  Board  shall  not  be  of  a  lower  scale  than  that  of  the  official  whose  case  the
Board  is  to  consider.  If  possible,  one  member  shall  be  in  the  same  scale  as  the  official  concerned.

The  Chairman  shall  inform  each  member  of  the  composition  of  the  Board.

3. Within  five  days  of  the  formation  of  the  Disciplinary  Board,  the  official  charged  may  make  an
objection  in  respect  of  any  of  its  members  other  than  the  Chairman.

Within  the  same  period  any  member  of  the  Disciplinary  Board  may  ask  to  be  excused  from  serving,
provided  he  has  legitimate  grounds.

The  Chairman  of  the  Disciplinary  Board  shall,  by  drawing  lots,  fill  any  vacancies  arising.

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Article  8

Members  of  the  Disciplinary  Board  shall  be  completely  independent  in  the  performance  of  their  duties.

The  proceedings  of  the  Board  shall  not  be  made  public.

SECTION  4

Disciplinary proceedings

Article  9

A report shall be submitted to the Disciplinary Board by the Director, stating clearly the facts complained of
and,  where  appropriate,  the  circumstances  in  which  they  arose.

The  report  shall  be  communicated  to  the  Chairman  of  the  Disciplinary  Board,  who  shall  bring  it  to  the
attention  of  the  members  of  the  Board  and  of  the  official  charged.

On  receipt  of  the  report,  the  official  charged  shall  have  the  right  to  see  his  complete  personal  file  and  to
take  copies  of  all  documents  relevant  to  the  proceedings.

Article  10

At  the  first  meeting  of  the  Disciplinary  Board  the  Chairman  shall  appoint  one  of  its  members  to  prepare  a
general  report  on  the  matter.

Article  11

Article  12

The  official  charged  shall  have  not  less  than  15  days  from  the  date  of  receipt  of  the  report  initiating
disciplinary  proceedings  to  prepare  his  defence.

When  the  official  appears  before  the  Disciplinary  Board  he  shall  have  the  right  to  submit  observations  in
writing  or  orally,  to  call  witnesses  and  to  be  assisted  in  his  defence  by  a  person  of  his  own  choice.

Europol  shall  likewise  have  the  right  to  call  witnesses.

Article  13

Article  14

If  the  Disciplinary  Board  requires  further  information  concerning  the  facts  complained  of  or  the
circumstances in which they arose, it may order an inquiry in which each side can submit its case and reply
to  the  case  of  the  other  side.

The  inquiry  shall  be  conducted  by  the  rapporteur.  For  the  purpose  of  inquiry,  the  Board  may  call  for  any
documents  relating  to  the  matter  before  it.

Article  15

After  consideration  of  the  documents  submitted  and  having  regard  to  any  statements  made  orally  or  in
writing  by  the  official  concerned  and  by  witnesses,  and  also  to  the  results  of  any  inquiry  undertaken,  the
Disciplinary  Board  shall,  by  majority  vote,  deliver  a  reasoned  opinion  of  the  disciplinary  measure
appropriate  to  the  facts  complained  of  and  transmit  the  opinion  to  the  Director  and  to  the  official
concerned within one month of the date on which the matter was referred to the Board. The time-limit shall
be  three  months  where  an  inquiry  has  been  held  on  the  instructions  of  the  Board.

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In the event of criminal proceedings, the Disciplinary Board may decide not to deliver its opinion until after
the  court  has  given  its  decision.

The  Director  shall  take  his  decision  within  one  month;  he  shall  first  hear  the  official  concerned.

Article  16

The  Chairman  of  the  Disciplinary  Board  shall  not  vote  on  matters  before  the  Board  save  on  procedural
questions  or  in  case  of  equality  of  votes.

He shall ensure that the decisions of the Board are implemented and shall bring all relevant information and
documents  to  the  attention  of  each  of  its  members.

Article  17

The  secretary  shall  keep  minutes  of  meetings  of  the  Disciplinary  Board.

Witnesses  shall  sign  the  minute  recording  their  depositions.

The  reasoned  opinion  provided  for  in  Article  15  shall  be  signed  by  all  members  of  the  Disciplinary
Board.

Article  18

Costs incurred on the initiative of an official in the course of disciplinary proceedings, in particular fees to a
person chosen for his defence, shall be borne by the official where the disciplinary proceedings result in any
of  the  measures  provided  for  under  Article  88(2)(c)  to  (f)  of  the  Staff  Regulations.

Where  there  are  new  facts  which  are  supported  by  relevant  evidence,  disciplinary  proceedings  may  be
reopened  by  the  Director  on  his  own  initiative  or  at  the  request  of  the  official  concerned.

Article  19

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APPENDIX  8

Taxes

Article  1

The  tax  on  salaries,  wages  and  emoluments  paid  by  Europol  to  its  staff,  indicated  by  Article  10  of  the
Protocol  on  the  Privileges  and  Immunities  of  Europol,  shall  be  determined  under  the  conditions  and
collected  according  to  the  procedure  laid  down  in  this  Appendix.

The  following  shall  be  liable  to  the  tax:

Article  2

(a) persons  coming  under  Article  10(2)  of  the  Protocol  on  Privileges  and  Immunities,  but  excluding  local

staff;

(b) recipients  of  the  compensation  on  termination  of  service  provided  for  in  Article  77  of  the  Staff

Regulations;

(c)

those  entitled  to  unemployment  benefit  under  Article  59  of  the  Staff  Regulations.

Article  3

The  tax  shall  be  payable  each  month  on  salaries,  wages  and  emoluments  paid  by  Europol  to  each

1.
person  liable.

2. However,  moneys  and  allowances,  whether  lump  sums  or  not,  which  represent  compensation  for
expenses  incurred  in  the  performance  of  official  duties,  shall  be  excluded  from  the  basic  taxable  amount.

The  family  allowances  and  social  benefits  listed  below  shall  be  deducted  from  the  basic  taxable

3.
amount:

(a) household  allowance;

(b) dependent  child’s  allowance;

(c) education allowance;

(d) allowance  on  the  birth  of  a  child;

(e) housing allowance;

(f)

social assistance;

(g) allowances  paid  on  account  of  occupational  disease  or  accident;

(h)

that  part  of  any  payment  which  represents  family  allowances.

An  abatement  of  10 %  for  occupational  and  personal  expenses  shall  be  made  from  the  amount

4.
obtained  by  applying  the  preceding  provisions.

An  additional  abatement  equivalent  to  twice  the  amount  of  the  allowance  for  a  dependent  child  shall  be
made  for  each  dependent  child  of  the  person  liable  as  well  as  for  each  person  treated  as  a  dependent  child
within  the  meaning  of  Article  2(4)  of  Appendix  5.

Deductions from remuneration of persons liable on account of pensions and retirement allowances or

5.
of  social  security  shall  be  made  from  the  basic  taxable  amount.

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Article  4

The  tax  shall  be  calculated  on  the  taxable  amount  obtained  by  applying  Article  3  and  disregarding  any
amount  not  exceeding  NLG  183  and  by  applying  the  rate  of:

8 % to  amounts  between

NLG

184 and NLG 3 241

10 % to  amounts  between

NLG 3 242 and NLG 4 464

12,50 % to  amounts  between

NLG 4 465 and NLG 5 116

15 % to  amounts  between

NLG 5 117 and NLG 5 811

17,50 % to  amounts  between

NLG 5 811 and NLG 6 462

20 % to  amounts  between

NLG 6 463 and NLG 7 094

22,50 % to  amounts  between

NLG 7 095 and NLG 7 746

25 % to  amounts  between

NLG 7 747 and NLG 8 378

27,50 % to  amounts  between

NLG 8 379 and NLG 9 030

30 % to  amounts  between

NLG 9 031 and NLG 9 662

32,50 % to  amounts  between

NLG 9 663 and NLG 10 314

35 % to  amounts  between

NLG 10 315 and NLG 10 947

40 % to  amounts  between

NLG 10 948 and NLG 11 599

45 % to  amounts  above

NLG 11 599.

1.

By  way  of  derogation  from  the  provisions  of  Articles  3  and  4:

Article  5

(a)

the sums paid as compensation for overtime shall be assessed for purposes of the tax at the rate which,
in  the  month  preceding  that  of  payment,  was  applied  to  the  highest  taxable  amount  of  the  official’s
remuneration;

(b) payments made on account of termination of service shall be taxed, after applying the abatements laid
down  in  Article  3(4),  at  a  rate  equal  to  two  thirds  of  the  ratio  existing  at  the  time  of  last  salary
payment,  between:

— the  amount  of  tax  payable,  and

— the  basic  taxable  amount  as  defined  in  Article  3.

2.
The application of this Appendix shall not have the effect of reducing salaries, wages and emoluments
of any kind paid by Europol to an amount less than the minimum subsistence rate as defined in Article 5 of
Appendix  6.

Article  6

When the taxable payment covers a period of less than one month, the rate of the tax shall be that which is
applicable  to  the  corresponding  monthly  payment.

When  the  taxable  payment  covers  a  period  of  more  than  one  month  the  tax  shall  be  calculated  as  if  this
payment  had  been  spread  evenly  over  the  months  to  which  it  relates.

Corrective  payments  not  related  to  the  month  during  which  they  are  paid  shall  be  subject  to  the  tax  to
which  they  would  have  been  subject  had  they  been  made  at  the  proper  time.

Article  7

Tax  shall  be  collected  by  means  of  deduction  at  source.  The  amount  shall  be  rounded  off  at  the  lower
unit.

30.1.1999

EN

Official  Journal  of  the  European  Communities

C 26/81

The  tax  proceeds  shall  be  entered  as  revenue  in  the  Europol  budget.

Article  8

Article  9

The  Council,  acting  on  a  proposal  from  the  Management  Board,  shall  adopt  any  provisions  necessary  for
the  application  of  this  Appendix.