Initiative of the Kingdom of Sweden with a view to adopting a Council Act amending the Staff Regulations applicable to Europol employees
Date: 2001-01-19
Institutions: Sweden
Subjects: Europol, Sweden, servant (EU), staff regulations (EU), work contract

19.1.2001

EN

Official Journal of the European Communities

C 18/1

(Acts adopted pursuant to Title VI of the Treaty on European Union)

Initiative of the Kingdom of Sweden with a view to adopting a Council Act amending the Staff
Regulations applicable to Europol employees

(2001/C 18/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Convention on the establishment of a
European Police Office (Europol Convention) (1), and in par-
ticular Article 30(3) thereof,

Having regard to the initiative of the Kingdom of Sweden (2),

Having regard to the opinion of the European Parliament (3),

Having regard to the opinion of the Management Board of
Europol,

Whereas:

(1)

(2)

It is desirable to amend the Staff Regulations applicable
to Europol employees, as laid down in the Council Act
of 3 December 1998 (4) (hereinafter referred to as the
‘Staff Regulations’).

It is for the Council, acting unanimously, to lay down
detailed arrangements applicable to Europol employees,
and subsequent amendments,

HAS ADOPTED THIS ACT:

Article 1

The Staff Regulations shall be amended as follows:

1. Article 6 shall be replaced by the following:

‘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 period which makes, in addition to the length
of the first contract, a maximum period of six years,

for staff assigned to a post which can be filled only
by staff engaged from the competent authorities
referred to in Article 2(4) of the Europol Convention,

— for a period which makes, in addition to the length
of the first contract, a maximum period of six
years, for staff subject to national provisions for
secondment, special leave or temporary outplace-
ment, 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 period which makes, in addition to the length
of the first contract, a maximum period of eight
years, in all other cases.

Only staff covered by the second and third indents 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 in so far 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.’

2.

The following sentence shall be added to Article 24(3):

(1) OJ C 316, 27.11.1995, p. 2.
(2) OJ C …
(3) OJ C …
(4) OJ C 26, 30.1.1999, p. 23.

‘Europol may, at the request of a Member State, agree
bilateral arrangements with that Member State on the
administrative cooperation in such procedures.’

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3. Article 25 shall be replaced by the following:

7. Article 38(3) shall be replaced by the following:

‘Article 25

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

The opportunity to undergo the medical examination
before taking up the Europol contract shall be offered to
candidates provided they make themselves available at
their own expense.

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

4.

The first subparagraph of Article 27 shall read as follows:

‘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
the
candidate up to the fifth incremental point of
appropriate salary scale.’

5.

The following sentence shall be added to the second
subparagraph of Article 28:

‘Europol may, at the request of a Member State, agree
bilateral arrangements with that Member State on the
administrative cooperation in assessment procedures.’

6.

The fourth subparagraph of Article 32 shall be replaced
by the following:

‘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, the insurance scheme for
accident and occupational disease, the unemployment
fund and the pension scheme shall be calculated by
reference to the total basic salary the official would have
received had he worked full-time.’

‘3. On expiry of the time limits mentioned in paragraph
1, the case of an official whose contract is not terminated,
despite being unable to resume his duties, shall be put to
the Invalidity Committee for advice. He shall continue to
receive his full remuneration throughout
the period
during which he is incapable of working until such time
as the Director has decided to award an invalidity pension
under Article 65 or terminate his contract.’

8.

The first subparagraph of Article 44 shall be replaced by
the following:

‘The Management Board shall each year review the
remuneration of the officials of Europol. During this
review the Management Board shall consider whether, as
living in
a consequence of changes in the cost of
the Netherlands, 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.’

9.

The last subparagraph of Article 58 shall be deleted.

10. The last subparagraph of Article 68 shall be deleted.

11. Paragraph 1 of Appendix 1 shall be replaced by the

following:

Subject to paragraph 3, the following posts shall in

‘1.
particular be Europol posts:

Director

Deputy directors

Assistant directors

Head of

Cooperation with third States and
international organisations

Operational and technical support

Central affairs

Analysis

Development

Intelligence and specialised know-
ledge

Terrorism

Open sources and documentation

Information and communication
technology

Human resources

Public relations

Security

Financial crime and forgery of
money

Planning

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Official Journal of the European Communities

C 18/3

Head of

Finance

Legal affairs

Conference, travel and relocation

General services

Research

Development

Analysis

Research

Second officers

Open sources and documentation

First officers

Specialised law enforcement areas

Investigation support

Operational and technical support

Development

Analysis

Human resources — recruitment

Press and public relations

Research

ICT

Central affairs

Planning

Legal affairs

Data protection

Human resources

Finance

CTR

General services

Press and public relations

[Security] (1)

First officers

Open sources and documentation

Directorate
assistants

Assistants to the Director and to the
deputy directors

ICT

Central affairs

Planning

Legal affairs

Data protection

CTR

Finance

General services

Human resources — salary and
allowance administration

Human resources — internal training

[Security] (1)

Assistants

Administrative assistants (all relevant
departments and units)

Technical assistants *

Assistants

Analytical assistants

Other personnel

Specialised drivers *

Drivers *

[Security officers] (1) *

Operators *

Qualified workers *

This list can be modified by unanimous decision of the
Management Board.

Second officers

Specialised law enforcement areas

Investigation support

Operational and technical support

(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 are put in brackets.’

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12. Article 2(1) to (6) of Appendix 2 shall be replaced by the

following:

‘Article 2

1.
A selection board shall be set up by the Europol
Director. It shall advise the Director on the candidates’
suitability, and shall endeavour to list the candidates in
order of merit, taking into account Article 1, as well as
the Director’s obligation under Article 30(2) of
the
Europol Convention to take account of the need to ensure
adequate representation of nationals of all Member States
and of the official languages of the European Union.

The composition of the selection board shall vary

2.
according to the category of post to be filled.

For the posts of assistant director, the selection
3.
board shall consist of
the Director or his delegate,
chairman of the board, a deputy director and the head of
the human resources 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, chairman of the board, the head of the human
resources unit, and the head of unit concerned. Further-
more, 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 para-
graphs 3 and 4.

For posts in scales 7 (first officer posts excluded)
6.
to 13 of Article 45 and Appendix 1 of
the Staff
Regulations, the selection board shall consist of a deputy
director or his delegate, the chairman of the board, a
representative of the human resources unit and the head
of unit concerned. Furthermore the Presidency, may, if it
so wishes, assign a representative to serve as a member
of the selection board.’

13. The second subparagraph of Article 9 of Appendix 2

shall be replaced by the following:

‘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.
In such cases the
deadlines may be set at shorter periods.’

14. Article 1 of Appendix 5 shall be amended as follows:

— paragraph 1 shall read as follows:

‘1. The household allowance shall be fixed at 5 %
of the basic salary of an official. It shall not exceed
5 % of the amount specified for the last incremental
point of scale 6 of Article 45 of the Staff Regulations
and shall not be less than 5 % of the amount
specified for the last incremental point of scale 11.’

— paragraph 3 shall read as follows:

If

the spouse of an official

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

15. Article 5 of Appendix 5 shall be replaced by the following:

‘Article 5

An official serving a contract of limited duration
1.
who is in receipt of an expatriation allowance shall be
entitled to a rent allowance if the actual rent costs exceed
15 % of the net monthly salary in cases where he has one
or more dependent children within the meaning of Article
2(2), if the actual rent costs exceed 17 % of the net
monthly salary where he qualifies for a household
allowance, or exceed 20 % of the net monthly salary in
other cases. Net monthly salary within the context of this
provision shall mean the net amount paid out monthly
to the official, including all allowances where applicable
(except the rent allowance itself).

The rent allowance shall be 80 % of the actual rent
2.
costs exceeding the amounts mentioned in paragraph 1
during the first four years of the contract. After the first
four years, the rent allowance shall be reduced by 20 %
per year of the sum paid out during the fourth year.
Where any change of accommodation occurs after the
first four years, the allowance shall be calculated on the
basis of this Article, and then reduced with the percentage
arrived at from the application of this paragraph. 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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3.
The reasonable maximum rent costs shall be
EUR 1 477,05 for a single official, EUR 1 969,41 for an
official sharing the accommodation with his spouse
and/or up to two dependent children within the meaning
of Article 2(2), and EUR 2 461,76 for a staff member
sharing the accommodation with his spouse and/or three
or more dependent children within the meaning of Article
2(2).

Reasonable expenses, other than removal costs, incurred
by an official on taking up appointment, being transferred
or leaving the service with Europol shall, on the basis of
supporting documents, be reimbursed by special decision
of the Director.’

17. The following shall be added to Appendix 5:

4.
Officials shall, when applying for the rent allow-
ance, 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
reasonable
maximum rent costs shall be set at the rate applicable for
a single official.

supplied,

the

5.
For the purpose of calculating the rent allowance,
only the net rent will be taken into consideration,
excluding furniture, taxes and any other charges.

The rent allowance shall under no circumstances
6.
be more than 40 % of the actual rent costs or the
reasonable maximum rent cost, whichever is the lower.

7.
In cases where, under paragraphs 1 to 6, an official
and his spouse employed in the service of Europol are
both entitled to a rent allowance, they shall each be
entitled to 50 % of the rent allowance due to each of
them individually.

‘F. G e n e r a l P r o v i s i o n

Article 16

An official shall be obliged, when taking up his service
with Europol, to inform Europol of all circumstances
affecting his entitlements to allowances under the Staff
Regulations. He shall also be obliged to inform Europol
without undue delay of any subsequent changes to these
circumstances.’

18.

the last subparagraph of Article 13 of Appendix 6 shall
be replaced by the following:

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

19. Article 18 of Appendix 6 shall be replaced by the

8.
The percentages mentioned in paragraph 1, as
well as the reasonable maximum rent costs, shall be
reviewed each year within the context of the decision on
adaptation of the salaries on the basis of Article 44 of the
Staff Regulations, taking account of the development of
the rental market in The Hague.’

following:

‘Article 18

16. Article 8(1) of Appendix 5 shall be replaced by the

following:

‘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 a quotation approved in advance. Not
less than
two quotations shall be submitted to the appropriate
departments of Europol, which may, if they consider the
quotation to be excessive, select another removal firm. In
the latter case, entitlement to reimbursement may be
limited to the amount of that firm’s quotation.

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

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

20. Appendix 8 shall be replaced by the decision of the

Management Board of Europol of ... (1).

(1) OJ C ...

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Article 2

Article 3

This Act shall enter into force on the first day after its

1.
adoption.

This Act shall be published in the Official Journal of the European
Communities.

Done at …

Article 5(1) to (7) of Appendix 5 to the Staff Regulations

2.
shall apply as from 1 July 1999.

For the Council

The President