Initiative of the Kingdom of Denmark with a view to adopting a Council Act amending the Staff Regulations applicable to Europol employees
Date: 2002-11-22
Institutions: Denmark
Subjects: Denmark, Europol, servant (EU), social-security benefit, staff regulations (EU), work contract

C 286/20

EN

Official Journal of the European Communities

22.11.2002

4. Article 8(5) shall be replaced by the following:

The

security packages

‘5.
consist of various
measures of a technical, organisational or administrative
nature, as laid down in the Security Manual.’;

shall

5. Article 9(2) shall be replaced by the following:

In choosing any classification level, Member States
‘2.
shall take account of the classification of the information
the need for the oper-
under their national regulations,
ational
to function
for
adequately and the requirement that classification of law
information should be the exception and
enforcement
that,
if such information has to be classified, the lowest
possible level should be assigned.’;

flexibility

required

Europol

6. In Article 11(3) the terms ‘1 or 2’ shall be replaced by

‘Europol Restricted’ or ‘Europol Confidential’;

7. In the whole text, the words ‘security level’ or ‘security
levels’ shall be replaced by the words ‘classification level’
or ‘classification levels’ respectively.

Article 2

This Act shall enter into force on 1 July 2003.

Article 3

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

Done at . . .

For the Council

The President

. . .

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

(2002/C 286/10)

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS ACT:

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

(Europol Convention) (1),

Article 1

The Staff Regulations are amended as follows:

Having regard to the initiative of the Kingdom of Denmark,

1. Article 43 shall be replaced by the following:

Having regard to the Opinion of the European Parliament,

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

‘Article 43

Whereas:

(1) It is desirable to amend the Staff Regulations applicable to
Europol employees (the Staff Regulations), as laid down in
Council Act of 3 December 1998 (2), in particular in order
to establish special provisions for Europol officials serving
in third countries, on account of special living conditions
there.

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

(1) OJ C 316, 27.11.1995, p. 2.
(2) OJ C 26, 30.1.1999, p. 23, as last amended by Decision of 13 June

2002 (OJ C 150, 22.6.2002, p. 2).

The remuneration of Europol staff shall comprise basic
appropriate, other
and,

1.
salary,
allowances. It shall be paid in euro in the Netherlands.

allowances

family

if

In that case,

Notwithstanding paragraph 1,

2.
the official, who is
transferred by a decision of the Director to a place of
employment other than the Netherlands, may choose to
have his salary paid in the currency of the country where
the remuneration,
he performs his duties.
excluding any education allowances pursuant
to Article
3(1), first indent, and Article 3(2) of Appendix 5, shall be
weighted, after the compulsory deductions set out in these
Staff Regulations or in any implementing regulations, and
shall be calculated on the basis of
the corresponding
exchange rate. In duly substantiated exceptional cases, the
Director may make all or part of this payment in a currency
other than that of the country of employment in such a
way as to maintain purchasing power.

22.11.2002

EN

Official Journal of the European Communities

C 286/21

The weighting applicable shall be calculated at a rate
3.
above, below or equal to 100 %, as decided by the Director,
reflecting the most
recent weightings adopted by the
Council of the European Union pursuant to Article 64 of
the Staff Regulations applicable to officials and other
servants of the European Communities, as they may be
amended. The Director
inform the
Management Board of Europol of any decision taken
under this paragraph. Where however,
in the case of a
given country, the variation in the cost of living measured
on the basis of
the weighting and the corresponding
exchange rate is found to have exceeded 5 % since the
last adjustment,
shall decide on interim
measures for adjusting the weighting and shall inform the
Management Board thereof as soon as possible.’;

shall promptly

the Director

2. A new Title IIIA shall be inserted:

‘TITLE IIIA

Officials serving in a third country

Article 100a

Without prejudice to the other provisions of the Staff Regu-
lations, Appendix 9 lays down the special and exceptional
provisions applicable to officials serving in a third country.’;

3. The fourth paragraph of Article 7 of Appendix 5 shall read

as follows:

The preceding provisions

‘4.
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 origin is outside that territory shall
be entitled for himself and, if he is entitled to receive the
household allowance, for his spouse and other dependants
in each calendar year,
within the meaning of Article 2,
subject
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.

supporting documents,

to submission of

if

However,
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.

The foregoing shall also apply to officials whose place of
employment is outside the territory of a Member State of
the European Union, but in such cases the Director may
decide, by special reasoned decision, that the official shall be
entitled to repayment
in accordance with the preceding
indents a second time within the same calendar year.’;

4. The following section is added to Section 3 in Appendix 5:

‘G. Resettlement allowance

Article 17

1.
A resettlement allowance equal to one month’s basic
salary for an official who is entitled to the household
allowance or to a half month’s basic salary in other cases,
shall be paid to an official who is obliged to change his
place of residence for reasons related to a decision of the
Director
to another place of
the official
employment.

to transfer

In cases where a husband and wife who are officials of
Europol are both entitled to the resettlement allowance,
this shall be payable only to the person whose basic
salary is the higher.

The resettlement allowance shall be weighted at the rate
fixed for the place where the official is employed.

2.
The resettlement allowance shall be calculated by
reference to the official’s marital status and salary on the
day of his transfer to a new place of employment.

If

the official

fifty percent of

3.
the
so requests,
resettlement allowance shall be paid in advance. The
remaining fifty percent shall be paid on production of
documents establishing that the official, and his family, if
he is entitled to the household allowance, has settled at the
place where he will be employed.

4.
Notwithstanding paragraph 2, an official who is
entitled to the household allowance and does not settle
with his family at the place where he is employed shall
receive only half
the allowance to which he would
otherwise be entitled. The second half shall be paid when
his family settles at
the place where he is employed,
provided that it does so within the period of one year of
the date of his transfer. Where the official is transferred to
the place where his family resides before his family has
settled at the place where he is employed, he shall not
thereby be entitled to a resettlement allowance.’;

5. The following Appendix is added:

‘Appendix 9

Special
officials serving in a third country

and exceptional provisions

applicable

to

SECTION 1

General provisions

Article 1

This Annex lays down the
and exceptional
provisions applicable to officials of Europol serving in a
third country.

special

C 286/22

EN

Official Journal of the European Communities

22.11.2002

Article 2

SECTION 4

By decision of the Director, in the interests of the service,
officials may be transferred to serve in a third country.

Emoluments and family allowances

Article 8

A transfer may not be for longer than the duration of the
official’s contract.

Article 3

In order to allow retraining periods of limited duration, the
Director may decide to assign an official serving in a third
country to a temporary post at the Europol headquarters.
Such assignments may not be for longer than the duration
of the official’s contract. The Director may decide, on the
basis of general
implementing provisions that the official
shall remain subject to certain provisions of this Annex
for the duration of this temporary assignment, excluding
Articles 5, 8 and 9.

1.
An allowance for living conditions shall be fixed,
according to the official’s place of employment, as a
percentage of a reference amount. This reference amount
shall comprise the total basic salary, plus the expatriation
child
allowance, household allowance
allowance,
less the compulsory deductions referred to in
the Staff Regulations or in the regulations adopted to
implement them.

and dependent

The allowance for living conditions shall be fixed as follows:

The parameters taken into account for fixing the allowance
for living conditions shall be the following:

— health and hospital environment,

SECTION 2

Obligations

Article 4

— security,

— climate,

to which three parameters shall be applied a weighting of 1:

An official shall carry out his duties at the place to which he
is transferred in the interests of the service.

— degree of isolation,

Article 5

If Europol provides the official with accommodation, which
corresponds to the composition of his dependent family, he
shall be required to reside in it.

SECTION 3

Working conditions

Article 6

— other local conditions,

to which two parameters shall be applied a weighting of
0,5.

Each parameter shall have the following value:

0: where conditions are normal but not equivalent to those

normally obtaining in the European Union,

2: where conditions are difficult compared with those

normally obtaining in the European Union,

An official shall, per calendar year, be entitled to annual
leave of three working days for each month of service.

4: where conditions are very difficult compared with those

normally obtaining in the European Union.

Article 7

1.
In the year in which an official takes up or ceases to
perform his duties in a third country, he shall be entitled to
three working days leave for each complete month of
service, to three working days for an incomplete month
consisting of more than 15 days and to one and a half
working days for an incomplete month of 15 days or less.

an official,

2. Where
than the
for
requirements of the service, has not used up his annual
the
leave before the end of
amount of
to the
leave which may be carried over
following year shall not exceed 15 working days.

the current calendar year,

reasons other

the
The allowance shall be fixed as a percentage of
reference amount referred to in the first subparagraph,
in accordance with the following scale:

— 10 % where the value equals 0,

— 15 % where the value is greater than 0 but not

greater than 2,

— 20 % where the value is greater than 2 but not

greater than 5,

— 25 % where the value is greater than 5 but not

greater than 7,

22.11.2002

EN

Official Journal of the European Communities

C 286/23

— 30 % where the value is greater than 7 but not

SECTION 5

greater than 9,

Rules relating to the reimbursement of expenses

— 35 % where the value is greater than 9 but not

Article 11

greater than 11,

— 40 % where the value is greater than 11.

The allowance for living conditions fixed for each place
of employment shall be reviewed and, where appro-
priate, adjusted each year by the Director after the
opinion of the Staff Committee has been obtained.

2.
If living conditions at the place of employment are
such as to put the official at personal risk, a temporary
additional allowance shall be paid to him by special
reasoned decision of the Director. This allowance shall be
fixed as a percentage of the reference amount referred to in
the first subparagraph of paragraph 1:

for

An official provided accommodation pursuant

to
1.
Article 5 and 13 and who,
reasons beyond his
control, is obliged to change his residence at the place of
employment shall, by special
the
Director, be reimbursed the expenses incurred in respect
of removal of furniture and personal effects, on production
of supporting documents and in accordance with the rules
on removals.

reasoned decision of

reimbursed

In such cases, he shall have his actual resettlement
2.
expenses
supporting
documents, subject to a ceiling equal to the resettlement
allowance as mentioned in Article 17 of Appendix 5 of
the Staff Regulations.

production

on

of

— at 5 % where the authority advises its staff not to settle

Article 12

their families in the place of employment,

— at 10 % where

to reduce
temporarily the number of staff serving in the place of
employment.

authority decides

the

Article 9

for primary

establishment

1.
If actual educational costs incurred by an official for a
dependent child who is in regular full-time attendance at an
educational
secondary
education in the country of employment, exceed the
maximum educational allowance pursuant to Article 3 of
Appendix 5,
is entitled to receive a further
additional allowance to cover the actual educational costs
up to a maximum of
twice the maximum educational
allowance pursuant to Article 3 of Appendix 5.

the official

or

establishment

If the child is in regular full-time attendance at an
2.
the
educational
amount
education allowance
mentioned in the second indent of Article 3, first paragraph,
of Appendix 5.

shall be 150 % of

education,
the

tertiary

for

The payment of

3.
production of supporting documents.

the allowance shall be made on

Article 10

1.
An official who, at his place of employment, is staying
at a hotel because the accommodation provided for in
Article 5 cannot yet be allocated to him or is no longer
available to him or who, for reasons beyond his control, has
not been able to take possession of his accommodation,
shall be reimbursed the hotel expenses of himself and his
family on production of the hotel bills, after prior author-
isation by the Director. The official shall also receive half of
the daily subsistence allowance provided for in Article 9 of
Appendix 5, except where the Director takes a special
decision that there is a case of “force majeure”.

2. Where hotel accommodation cannot be provided, the
official shall be entitled to reimbursement of the actual cost
of renting temporary accommodation, after prior author-
isation by the Director.

Article 13

Where Europol does not provide the official with accom-
modation, his rent shall be reimbursed, provided that the
accommodation corresponds to the level of his duties and
to the composition of his dependent family. The reasonable
is
maximum rent costs for the place where the official
employed will be laid down by the Director of Europol
reflecting the maximum rent costs applicable to officials
and other servants of
the European Communities who
hold similar positions in the same place of employment.

1.
Reimbursements due to officials shall be paid in either
euro or the currency of the country of employment, on the
basis of a reasoned request from the official.

Article 14

Officials may opt to have the resettlement allowance
2.
the country of
paid in either euro or the currency of
employment. In the latter case,
it shall be subject to the
Europol weighting fixed for the place of employment and
converted at the corresponding exchange rate.

In the event of termination of service, or death, Europol
shall, subject
to conditions laid down by the Director,
bear the actual cost of moving an official's furniture and
personal effects from their location at the time to his place
of origin or of
transporting his furniture and personal
effects from the place of employment to his place of origin.

C 286/24

EN

Official Journal of the European Communities

22.11.2002

Article 15

SECTION 7

An official who does not have access to a service car for
official business directly connected with the performance of
his duties shall receive a mileage allowance for the use of
the
his own car. The Director shall
allowance.

fix the amount of

SECTION 6

Social security benefits

Article 16

The official, his spouse, his children and other persons
dependent on him shall be insured for repatriation on
health grounds in the case of an emergency or extreme
emergency; the premium shall be paid entirely by Europol.

Article 17

The official, his spouse, his children and other persons
dependent on him shall be insured against
the actual
sickness expenditure incurred, arising in the place of
employment. Any additional premium to cover this risk
shall be paid entirely by Europol.

Article 18

1.
The spouse, children and other persons dependent on
the official shall be insured against accidents occurring
outside the European Union.

The official, the spouse, children and other persons
liability for
injuries inflicted on third

2.
dependent on him shall be insured against
material damage and physical
parties, occurring outside the European Union.

Half the premiums for the insurance under this Article

3.
shall be paid by the official and half by Europol.

Education allowance for officials returning from a
transfer

Article 19

an expatriation allowance

An official returning from serving in a third country,
1.
not
in the
in receipt of
Netherlands, shall be entitled to receive the education
in order
allowance specified in Article 3 of Appendix 5,
to enable a dependent child whose education in the third
country was in a language other than the child's mother
tongue, to continue his or her education in the Netherlands
in the language in which the child received education in the
third country.

2.
The right to receive the education allowance referred
to in paragraph 1 shall apply for a maximum period of six
years from the date of transfer but in any case no longer
than the duration of the contract of the official.

3.
The official shall submit an application for the benefits
under this Article within one year after returning from
serving in a third country.’

Article 2

This Act shall enter
adoption.

into force on the day following its

Article 3

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

Done at . . .

For the Council

The President

. . .