Initiative of the Kingdom of Belgium, of the Grand-Duchy of Luxembourg and of the Kingdom of the Netherlands with a view to adopting the Council Act amending the Staff Regulations applicable to Europol employees
Date: 2002-07-05
Institutions: Belgium, Luxembourg, Netherlands
Subjects: Belgium, Europol, Luxembourg, Netherlands, staff regulations (EU)

C 161/16

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Official Journal of the European Communities

5.7.2002

II

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

Initiative of the Kingdom of Belgium, of the Grand-Duchy of Luxembourg and of the Kingdom of
the Netherlands with a view to adopting the Council Act amending the Staff Regulations
applicable to Europol employees

THE COUNCIL OF THE EUROPEAN UNION,

‘Appendix 8

(2002/C 161/07)

Having regard to the opinion of the European Parliament,

CHAPTER 2: Termination of service ................................

CHAPTER 1: Selection procedures ..................................

Having regard to the Convention on the establishment of a
and in
European Police Office
particular Article 30(3) thereof,

(Europol Convention) (1),

Having regard to the initiative of the Kingdom of Belgium, the
the
Grand Duchy of Luxembourg and the Kingdom of
Netherlands,

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

Whereas:

(1) It is desirable to amend the Staff Regulations applicable to
Europol employees, as laid down in the Council Act of 3
December 1998 (2), in particular in order to establish the
procedures for the nomination of the Director and Deputy
Directors and for the application of other powers in their
respect by the authority vested with nominating powers.

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

HAS ADOPTED THIS ACT:

Article 1

The Staff Regulations applicable to Europol employees (here-
inafter referred to as ‘the Staff Regulations’) shall be amended
as follows:

1. The following sentence shall be added to Article 1(2):

‘In particular, procedures with respect to their selection and
retirement and the application of disciplinary powers are set
out in Appendix 8.’

2. Appendix 8 shall be replaced (3) by the following:

(1) OJ C 316, 27.11.1995, p. 1.
(2) OJ C 26, 30.1.1999, p. 23.
(3) The taxation provisions of the original Appendix 8 to the Council
Act of 3 December 1998 are covered by the Decision of the
Europol Management Board of 16 November 1999 (OJ C 65,
28.2.2001).

Special provisions concerning the Director and Deputy
Directors

CONTENTS

Articles

1-12

13

14

15

16

17

18

Section 1: Resignation ................................

Section 2: Compulsory resignation ..........

Section 3: Retirement in the interests of
the service .................................

Section 4: Dismissal .....................................

Section 5: Retirement ................................

CHAPTER 3: Disciplinary proceedings

Section 1: Disciplinary measures .............. 19-21

Section 2: Special provisions for the case
provided for in Article 29(6)
of the Europol Convention ... 22-33

CHAPTER 4: Appeals ...........................................................

CHAPTER 5: Special

the
Director ...........................................................

concerning

provisions

34

35

CHAPTER 1

SELECTION PROCEDURES

Article 1

The preparation of the opinion of the Management Board on
the appointment of the Director or a Deputy Director to be
the
provided to the Council pursuant
Europol Convention shall take place in accordance with the
provisions of this Chapter.

to Article 29(1) of

Article 2

Selection for the post of Director or Deputy Director of
Europol shall have the objective of securing for Europol the
services of persons of the highest standard of ability, efficiency
and integrity.

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Article 3

A post for Director or Deputy Director of Europol shall

1.
be deemed to be vacant:

— as from nine months before the end of the term of office of

the Director or a Deputy Director,

— upon receipt by the Council of a letter of resignation of the
Director or a Deputy Director, in accordance with Article
14,

— upon a decision of the Council on compulsory resignation,

in accordance with Article 15,

— upon a decision of the Council on retirement in the interest

of the service, in accordance with Article 16,

— upon a decision of the Council on dismissal, in accordance

with Article 17,

— as from nine months before the date on which the Director

or Deputy Director reaches the age of 65,

— upon the death of the Director or a Deputy Director.

2.
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 qualifi-
cations, skills and experience required. The profile shall be
drafted by Europol and shall be adopted by the Management
Board by simple majority.

Applicants shall submit their applications in writing, accom-
panied by a curriculum vitae,
the
Management Board within 90 days of the date of publication
of the advertisement, referred to in the first subparagraph, as
specified in the advertisement.

to the Chairman of

The said advertisement shall also provide information on the
security screening to be applied to the successful applicant in
compliance with the
adopted
confidentiality
pursuant to Article 31 of the Europol Convention.

regulations

Article 4

1.
A vacancy for a post of Director or Deputy Director shall
be advertised in all Member States 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.

Europol shall also inform the Europol national units of a
vacancy for a post of Director or Deputy Director. The
national units shall inform the relevant agencies within their
Member State of the vacancy. The competent national auth-
orities shall be responsible for ensuring that the vacancy is
brought
the
personnel concerned.

attention of

agencies

and all

to the

the

For

2.
applications shall be considered.

all

vacant posts, both internal

and external

Europol shall send an acknowledgement of receipt to the

3.
applicants.

Article 5

A Management Board Selection Committee (hereinafter
1.
referred to as “Selection Committee”) shall be set up by the
Management Board. It shall prepare the Management Board's
opinion on the candidates' suitability to be submitted to the
Council
the Europol
Convention.

in accordance with Article 29(1) of

2.
For the post of Deputy Director, the Selection Committee
shall consist of the Director or his/her delegate. Furthermore,
four Member States indicated to this effect by drawing lots by
the Management Board, shall assign a representative to serve as
a member of the Selection Committee.

3.
For the post of Director, five Member States indicated to
this effect by drawing lots by the Management Board, shall
assign a representative to serve as a member of the Selection
Committee.

4.
The members of the Selection Committee assigned to
serve pursuant to paragraphs 2 and 3 shall serve as members
of
the selection procedure has been
completed.

the Committee until

5. Where there is reason to believe that a member of the
Selection Committee has a personal relationship with one of
the applicants for the post, he/she shall not participate in the
the Member State which
selection process.
presented the member
shall propose to the Management
Board that he/she be replaced.

In such cases,

The secretariat of the Management Board shall provide

6.
the secretariat of the Selection Committee.

Article 6

1.
At the first meeting of the Management Board Selection
Committee, the members shall indicate one of its members as
Chairman.

2.
The Management Board Selection Committee may request
the assistance of one or more assessors for the performance of
its tasks. Such request shall be addressed to the Chairman of
the Management Board who shall decide on the matter.
Assessors
the
Management Board Selection Committee.

shall not have the status of members of

The tasks of the Management Board Selection Committee

3.
shall include:

(a) making an initial selection of applicants on the basis of

applications received;

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(b) interviewing selected candidates;

Article 10

(c) reporting to the Management Board.

Article 7

On the basis of qualifications, experience,

1.
the profile
sought and any pre-selection as provided for in Article 24 of
the Staff Regulations, the Selection Committee shall make an
initial selection from the applications received.

The Management Board shall, based on the report received
from the Selection Committee, draw up its opinion in the
form of a list of three candidates for nomination in order of
merit. The Management Board may, if it deems this necessary,
hear some or all of the successful applicants before drawing up
its opinion.
Its opinion shall be adopted by a two-thirds
majority. If it so happens that a member of the Management
Board is also on the list of applicants, he/she shall not be
present when drawing up the opinion of the Management
Board.

2. Where it is deemed appropriate, the Selection Committee
may decide to organise a specific post-related written or any
other test procedure. The Selection Committee shall decide on
the specific necessities.

The Chairman of the Management Board shall forward the
opinion of
as
envisaged by Article 29(1) of the Europol Convention.

the Management Board to the Council

In that case,
the test(s) shall be prepared by the Selection
Committee 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 Committee.

The Selection Committee shall

3.
interview all applicants
who passed the initial selection referred to in paragraph 1
and, where applicable, paragraph 2, with a view to testing
their professional qualifications and experience. The interviews
shall 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 1 of this
Appendix.

4. Where considered necessary by the Committee, a second
round of interviews for all or some of the candidates may be
held.

Article 8

The tests and interviews shall be held in The Hague. Travel
expenses and any subsistence and hotel accommodation
expenses shall be reimbursed to the applicants, the members
of the Selection Committee and the assessors in accordance
with the rules laid down in Appendix 5.

Article 11

Members of
members of
involved,
regard to the candidates and the results of
procedure.

the Selection Committee, assessors, as well as
the Management Board and Europol officials
shall maintain the strictest confidentiality with
the selection

Article 12

Where the terms of office of the Director or a Deputy Director
can be renewed in accordance with Article 29(1) or (2) of the
Europol Convention, the Management Board may decide, by
majority vote, to derogate from the procedure established in
this Chapter. In such cases the Management Board shall draw
up, at the latest twelve months before the term of office ends,
an opinion advising the Council to renew the term of office.
The procedure laid down in this Chapter shall be followed
when the Council decides not to renew the nomination or
fails to take a decision in this respect
when the Council
within three months after the receipt of
the Management
Board opinion.

CHAPTER 2

TERMINATION OF SERVICE

Article 13

Article 9

The service of the Director or a Deputy Director of Europol
shall be terminated by:

the Selection
Once the interviews have been completed,
Committee shall draw up a report, containing the list of the
successful applicants in the order in which they are,
in the
opinion of the Committee, most suitable for nomination. The
decision of the Selection Committee shall be taken by simple
majority. The
forwarded to the
Management Board as soon as possible after the interviews
have been held,
the
candidates.

together with the curriculum vitae of

said report

shall be

The Selection Committee shall ensure that applicants on the list
to be forwarded to the Management Board meet the conditions
for engagement provided for in Article 24(2) and (3) of the
Staff Regulations.

(a) resignation;

(b) compulsory resignation;

(c) retirement in the interests of the service;

(d) dismissal;

(e) retirement; or

(f) death.

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SECTION 1

Resignation

Article 14

the

end of his/her

A Director or Deputy Director who wishes to resign
1.
before
state
unequivocally in writing his/her intention to leave the service
of Europol. The letter of resignation shall be addressed to the
President of the Council, with a copy to the Chairman of the
Management Board.

term of office

shall

2.
The Council shall take its decision confirming the resig-
nation within two month of receiving the letter of resignation.
The Council may, however, refuse to accept the resignation if
disciplinary proceedings against the person concerned are in
progress at the date of the receipt of the letter or if such
proceedings are started within the following 60 days.

3.
Resignation shall take effect on the date specified by the
Council. That date shall not be later than three months after
the date proposed by the person concerned in his/her letter of
the Council may stipulate that such
resignation. However,
resignation shall not take effect until his/her successor has
taken up his/her duties.

SECTION 2

Compulsory resignation

Article 15

The service of the Director or a Deputy Director may be
terminated by the Council upon request of the Management
Board, without notice, where the conditions referred to in
Article 95(b) or (c) of the Staff Regulations are met.

SECTION 3

Retirement in the interests of the service

Article 16

1.
The Director or a Deputy Director may be retired in the
interests of Europol by a decision of the Council. The Council
shall take such a decision after obtaining the opinion of the
Management Board and hearing the person concerned, with a
two-thirds majority. Such retirement shall not constitute a
disciplinary measure.

The Director or Deputy Director thus retired shall receive

2.
an allowance as follows:

(a)

for three months, a monthly allowance equal to his/her
basic salary;

(b) for the fourth to the sixth month, a monthly allowance of

85 % of his/her basic salary;

(c)

for the following period until the date envisaged for the
end of his/her term of office, a monthly allowance of 70 %
of his/her basic salary.

3.
Income received by the persons concerned from any new
employment during the period in which they receive an

allowance in accordance with paragraph 2 shall be deducted
from the allowance provided for in that paragraph if
that
income and the allowance together exceed the total remun-
eration last received by the official calculated by reference to
the table of salaries applicable on the first day of the month for
which the allowance is to be paid. The person concerned shall
furnish such written proof as may be required and inform
Europol of any facts liable to affect his/her entitlement.

During the period of entitlement to the allowance, and
4.
for the first six months thereafter, the person concerned shall
be entitled, in respect of himself/herself and persons covered by
his/her insurance,
to benefits under the sickness insurance
scheme provided for in Article 56 of the Staff Regulations,
on condition that he/she pays the appropriate contribution
calculated by reference, as the case may be, either to his/her
basic salary, or the percentage thereof specified in paragraph 2
of this Article and that he/she cannot be covered by any other
public scheme against the same risks.

5.
At the end of the period referred to in paragraph 4 and
on the conditions laid down therein, the person concerned
request, continue to receive the benefits
may, at his/her
insurance scheme on condition that
under
the sickness
he/she bears the whole of
the contribution referred to in
Article 56(1) of the Staff Regulations. When his/her entitlement
to the allowance ceases, his/her contribution shall be calculated
by reference to the monthly allowance last received.

SECTION 4

Dismissal

Article 17

After the disciplinary proceedings provided for in Chapter 3
have been followed, service may be terminated by the Council
in accordance with Article 29(6) of the Europol Convention on
disciplinary grounds in serious cases of intentional or negligent
failure of the Director or a Deputy Director to comply with
his/her obligations.

SECTION 5

Retirement

Article 18

The service of the Director or a Deputy Director shall cease on
the last day of the month in which the person concerned
reaches the age of 65.

CHAPTER 3

DISCIPLINARY PROCEEDINGS

SECTION 1

Disciplinary measures

Article 19

1.
Any failure by the Director or a Deputy Director to
comply with his/her obligations under the Staff Regulations
or the Europol Convention, whether intentionally or through
negligence on his/her part, shall make him/her liable to disci-
plinary action.

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Such a failure shall include the deliberate furnishing of false
information as to either his/her professional ability or the
requirements of Article 24(2) of the Staff Regulations, where
the false information furnished was a determining factor in
his/her being engaged.

20(2) after the disciplinary proceedings provided for in this
section have been completed. Disciplinary proceedings shall
be initiated by decision of the Management Board on its own
initiative, after hearing the person concerned.

Disciplinary measures shall take one of

2.
forms:

the following

(a) written warning;

(b) reprimand;

(c) reduction of his/her basic monthly salary up to a maximum
amount of 25 % for a period not exceeding six months;

(d) removal from post and, where appropriate, reduction or

withdrawal of entitlement to retirement pension.

3.
Article 88(3) to (6) of the Staff Regulations shall apply in
the case of disciplinary proceedings against the Director or a
Deputy Director.

Article 20

The Director shall have the right

to issue a written
1.
warning or a reprimand to the Deputy Director on his/her
own initiative without consulting a Disciplinary Board. The
person concerned shall be informed of this in writing, and
be heard by the Director before such action is taken.

2.
The Management Board shall have the right to issue a
written warning or a reprimand to the Director on its own
initiative without consulting a Disciplinary Board. The person
concerned shall be informed of this in writing, and be heard by
the Management Board before such action is taken.

Article 21

Where an allegation of serious misconduct is made against the
Director or a Deputy Director, whether this amounts to failure
to carry out his/her official duties or to a breach of law, the
Management Board, acting by a two-thirds majority and after
having given the person concerned the opportunity to state
his/her views, may order that he/she be suspended forthwith,
under the conditions laid down by Article 90 of the Staff
Regulations. Such decision shall be duly motivated.

SECTION 2

Special provisions for the case provided for in Article
29(6) Europol Convention

Article 22

1. Without prejudice to Article 20, the Council may decide
to order any of the disciplinary measures indicated in Article

2.
A Disciplinary Board shall be set up by the Management
Board. It shall prepare the Management Board's opinion on the
need for disciplinary measures indicated in Article 20(2) to be
submitted to the Council in accordance with Article 29(6) of
the Europol Convention.

3.
The Disciplinary Board shall consist of a representative of
the Member State holding the Presidency of the Management
Board at
the time when the Management Board took the
decision as referred to in paragraph 1, a representative of the
Member
immediately
preceding, a representative of the Member State holding the
Presidency immediately afterwards, and representatives of two
other Member States, to be determined by lot.

State which held the

Presidency

4.
The Chairman of the Board shall also be determined by
lot, but may not be the representative of the Member State
holding the Presidency. The representatives must be of a higher
or comparable rank or level of seniority as the Director or
Deputy Director concerned, and may not at the same time
be a member of the Management Board.

5. Within five days of the formation of the Disciplinary
Board, the Director or Deputy Director charged may make
an objection in respect of any of its members.

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

The Management Board shall, by drawing lots,
fill any
vacancies arising ensuring that there is no more than one
representative per Member State in the Disciplinary Board.

6.
The members of the Disciplinary Board intended to fill
the vacancies, as provided for in paragraph 5, shall serve as
members of the Board until the tasks of the Disciplinary Board
in the disciplinary procedure have been completed.

7. Where there is reason to believe that a member of the
Disciplinary Board has a personal
relationship with the
Director or the Deputy Director charged, he/she shall not
participate in the disciplinary process.
the
Member State which presented the member shall propose to
the Management Board that he/she be replaced.

In such cases,

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8. Members of the Disciplinary Board shall be completely
independent
duties. The
proceedings of the Board shall not be made public.

in the performance of

their

The secretariat of the Management Board shall provide

9.
the secretariat of the Disciplinary Board.

Article 23

A report shall be submitted to the Disciplinary Board by
1.
the Management Board, stating clearly the facts complained of
and, where appropriate, the circumstances in which they arose.

The Management Board shall appoint a representative in

2.
the disciplinary proceedings.

The

report

referred to in paragraph 1 shall be
3.
the Disciplinary Board,
communicated to the Chairman of
who shall bring it to the attention of the members of the
board and the Director or Deputy Director charged.

4.
On receipt of the said report, the Director or Deputy
Director charged shall have the right to see his/her complete
personal file and to take copies of all documents relevant to the
proceedings.

Article 24

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

Article 25

The Director or Deputy Director charged shall have not
1.
less than 15 days from the date of receipt of
the report
initiating disciplinary proceedings to prepare his/her defence.

2. When the Director or Deputy Director appears before the
Disciplinary Board he/she shall have the right to submit obser-
vations in writing or orally, to call witnesses and to be assisted
in his/her defence by a person of his/her own choice.

Article 26

The Management Board shall
witnesses.

likewise have the right to call

Article 27

If

1.
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
may submit its case and reply to the case of the other side.

2.
The inquiry shall be conducted by the rapporteur. For the
purpose of inquiry, the Disciplinary Board may call for the
submission or productions of any documents relating to the
matter before it.

Article 28

After consideration of the documents submitted and having
regard to any statements made orally or in writing by the

Director or Deputy Director concerned and by witnesses, and
to the results of any inquiry undertaken, the Disciplinary Board
shall, by majority vote, deliver a duly motivated opinion on the
disciplinary measure appropriate to the facts complained of
and transmit the opinion to the Management Board and to
the Director or Deputy Director concerned within one month
of the date on which the matter was referred to the Board. This
time limit shall be three months where an inquiry has been
held on the instructions of the Board.

Article 29

The secretariat shall keep minutes of the meetings of the

1.
Disciplinary Board.

2. Witnesses
depositions.

shall

sign the minute

recording

their

The duly motivated opinion provided for in Article 28

3.
shall be signed by all members of the Disciplinary Board.

Article 30

Costs incurred on the initiative of the Director or Deputy
Director concerned in the course of disciplinary proceedings,
in particular fees due to a person chosen for his/her defence,
shall be borne by the Director or Deputy Director concerned
where the disciplinary proceedings
the
measures provided for in Article 19(2)(c) or (d).

in any of

result

Article 31

1.
Upon receipt of the report by the Disciplinary Board, the
Management Board shall decide whether an opinion is to be
submitted to the Council in accordance with Article 29(6) of
the Europol Convention, and, if so, deliver a duly motivated
opinion on the disciplinary measure, indicated in Article 19(2),
appropriate to the facts complained of.

The Management Board shall take the decision referred to
2.
in paragraph 1 as soon as possible. Before drawing up its
opinion it
the Director or Deputy Director
concerned the opportunity to be heard.

shall give

The Chairman of the Management Board shall forward
3.
the opinion of
the Management Board to the Council as
envisaged by Article 29(6) of the Europol Convention, and a
copy thereof to the Director or Deputy Director charged.

Should the Management Board decide that no opinion is
4.
in accordance with Article
to be submitted to the Council
29(6) of the Europol Convention,
it shall have the right to
issue a written warning or a reprimand in accordance with
Article 20.

Article 32

Upon receipt of

1.
the opinion from the Management
Board, the Council shall, in accordance with Article 29(6) of
the Europol Convention, after having given the Director or
Deputy Director concerned the opportunity to state his/her
views, decide whether a disciplinary measure is to be applied.

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Should the Council decide that a disciplinary measure as
2.
referred to in Article 19(2) is to be applied, it shall indicate in
its decision the precise nature of the measure as well as the
date from which the measure is to be applied. The decision
shall be duly motivated and shall be notified to the person
concerned and to Europol.

The Council

3.
paragraph 1 without undue delay.

shall

take the decision referred to in

Article 33

1. Where there are new facts which are supported by
relevant evidence, disciplinary proceedings may be reopened
the Deputy Director
upon request by the Director or
concerned.

2. Where the final disciplinary measure is taken by the
Director, the request shall be submitted to the Director. The
Director shall decide whether to grant the Deputy Director's
request.

3. Where the final disciplinary measure is taken by the
the request shall be submitted to the
Management Board,
Management Board. The Management Board shall decide
whether
the Deputy Director's
request.

the Director's or

to grant

4. Where the final disciplinary measure is taken by the
Council, the request shall be submitted to the Management
Board. The Management Board shall decide whether
to
submit an opinion to the Council advising the Council to
grant the Director's or the Deputy Director's request.

CHAPTER 4

APPEALS

Article 34

decision in the matter has previously had a complaint
submitted to it pursuant to paragraph 1 and that complaint
has been rejected by express decision or implicit decision.
However,
submitting a
immediately file an
to paragraph 1,
complaint pursuant
appeal with the Court of Justice of the European Communities,
under the conditions set out in Article 93(4) of the Staff Regu-
lations.

the person concerned may, after

CHAPTER 5

SPECIAL PROVISIONS CONCERNING THE DIRECTOR

Article 35

a

to exercise

the Director wishes

1. Wherever
right
conferred upon Europol officials by the Staff Regulations
to himself/herself, and the power to take a
with respect
decision in the matter under
is
inform the
conferred upon the Director, he/she
chairman of the Management Board thereof.
In such cases
the Chairman may decide to put the case to the Management
Board for final decision.

the Staff Regulations

shall

2. Where the Director is temporarily unable to exercise
his/her functions for a period of more than one month, or
the position of Director is vacant, his/her functions shall be
exercised by the Deputy Director. The Management Board shall
indicate the order of replacement each time a new Deputy
Director has been nominated.’.

Article 2

This Act shall enter into force on the day after its adoption.

Article 3

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

1.
Complaints pursuant to Article 92(2) of the Staff Regu-
lations shall be directed to, and treated by, the authority which
took the definitive decision in the matter.

Done at . . .

Appeals

to the Court of

2.
the European
Communities as referred to in Article 93 of the Staff Regu-
lations shall lie only if the authority which took the definitive

Justice of

For the Council

The President

. . .