Council Act of 19 December 2002 amending the Staff Regulations applicable to Europol employees
Date: 2002-12-19
Institutions: Council of the European Union
Subjects: Europol, staff regulations (EU)

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

COUNCIL ACT

of 19 December 2002

amending the Staff Regulations applicable to Europol employees

(2003/C 24/01)

THE COUNCIL OF THE EUROPEAN UNION,

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

(Europol Convention) (1),

(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:

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

Article 1

The Staff Regulations shall be amended as follows:

Having regard to the Opinion of the European Parliament,

1. Article 1(2) shall be replaced by the following:

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),
(hereinafter referred to as ‘the Staff
to establish the
Regulations’),
procedures
the Director and
Deputy Directors and for the application of other powers
in their respect by the authority vested with nominating
powers.

the nomination of

in particular

in order

for

‘2.
The Staff Regulations shall also apply to the Director
and Deputy Directors of Europol, without prejudice to the
Europol Convention and as far as not otherwise provided in
Appendix 8, which establishes special provisions concerning
the Director and Deputy Directors.’

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

‘APPENDIX 8

Special provisions concerning the Director and Deputy
Directors

CONTENTS

Articles

CHAPTER 1:

Selection procedures .............................................................................. ........................................................

1-12

CHAPTER 2:

Termination of service ..................................................................................................................................

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

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

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

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

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

13

14

15

16

17

18

(1) OJ C 316, 27.11.1995, p. 2.
(2) OJ C 26, 30.1.1999, p. 23, Staff Regulations, as last amended by
Council Decision of 13 June 2002 (OJ C 150, 22.6.2002, p. 2).

(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, p. 6).

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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 provisions concerning the Director .............................................................................................

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 provided to the Council pursuant to Article 29(1) of the
Europol Convention shall take place in accordance with the
provisions of this Chapter.

Article 2

Selection for the post of Director or Deputy Director
1.
of Europol shall have the objective of securing for Europol
the services of persons of the highest standard of ability,
efficiency and integrity.

2.
For each vacant post, an advertisement shall be drawn
up by the Management Board describing in detail the nature
of
the duties to be
performed, and the qualifications, skills and experience
required.

including remuneration,

the post,

The advertisement shall indicate that applicants must submit
their applications in writing, accompanied by a curriculum
vitae, to the Chairman of the Management Board within 60
days of the date of publication in the Official Journal of the
European Communities of the advertisement, referred to in the
first subparagraph, as specified in the advertisement.

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

2.
The selection procedure shall fully respect the prin-
ciples enshrined in Article 24(1) of the Staff Regulations.

Article 4

Article 3

A post for Director or Deputy Director of Europol
the

1.
shall be deemed to be vacant
application of the provisions of this Chapter:

for the purpose of

— 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 resig-

nation, in accordance with Article 15,

— upon a decision of the Council on retirement in the
in accordance with Article 16,

interest of the service,

— 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.

Journal of

1.
The Management Board shall ensure that the adver-
tisement referred to in Article 3(2) shall be published in the
the European Communities, and in other
Official
media, including national newspapers and specialised peri-
odicals, to ensure maximum exposure in all the Member
States.

2.
Europol shall 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
competent
their Member State of
national authorities shall be responsible for ensuring that
the vacancy is brought to the attention of the agencies
and all the personnel concerned.

the vacancy. The

For all vacant posts, both internal and external

3.
applications shall be considered.

Europol shall send an acknowledgement of receipt to

4.
the applicants.

5.
Europol shall inform the Europol National Units of the
applications received in order to allow the Member States,
through their National Unit or otherwise, to forward to the
Management Board an advice regarding the applicants. The
authorities of the Member States involved in this procedure
shall maintain the strictest confidentiality with regard to the
information received.

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As part of the admissibility procedure, evidence shall
6.
be provided through documentation issued by the Member
State concerned that a candidate complies with the appro-
priate character
references as to the suitability for the
performance of the vacant function.

(b) interviewing applicants;

(c) reporting to the Management Board.

Article 5

Article 7

1.
The Management Board shall set up a Committee
(hereinafter referred to as “the Committee”) to prepare the
Management Board's opinion to be submitted to the Council
in accordance with Article 29(1) of the Europol Convention.
The Committee shall make an initial assessment of
the
applicants.

2.
For the post of Deputy Director, the Committee shall
comprise the Director or his delegate as one of its members.
Furthermore, four Member States indicated to that end by
drawing lots by the Management Board, shall assign a
representative to serve as a member of the Committee.

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

The members of

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

5. Where there is reason to believe that a member of the
Committee has a personal relationship with one of
the
applicants for the post, he shall not participate in the
selection process. In such cases, the Member State which
presented the member shall propose to the Management
Board that he be replaced and shall assign another represen-
tative to serve as a member of the Committee.

The secretariat of the Management Board shall provide

6.
the secretariat of the Committee.

1. Where it is deemed necessary, the Management Board
may decide to organise a specific post-related assessment
procedure. The Management Board shall decide on the
specific necessities.

In that case, the assessment procedure shall be conducted by
the Committee in order to appraise the specific qualifi-
cations and expertise of
the post
concerned.

the applicants

for

The Committee shall

2.
interview all applicants whose
application is admissible and who meet the requirements
in the advertisement, with a view to assessing
set out
their qualifications,
skills and experience required and
their ability to perform the duties inherent to the post to
be filled. The interviews shall also be used to test
the
applicants' knowledge of the official languages of the insti-
tutions of the European Union with reference to Article
30(2) of
this
Appendix.

the Europol Convention and Article 1 of

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

Article 8

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

reimbursed to the

applicants,

shall be

Article 6

Article 9

At the first meeting of the Committee, the members

1.
shall indicate one of its members as Chairman.

The Committee may request the assistance of one or
2.
its tasks. Such
more assessors for the performance of
request
the
Management Board who shall decide on the matter.
Assessors shall not have the status of members of
the
Committee.

addressed to the Chairman of

shall be

Once the interviews have been completed, the Committee
shall draw up a duly reasoned report on the applications
received and the procedure followed by it. The decision of
the Committee establishing the report shall be taken by
simple majority. The said report shall be forwarded to the
Management Board as soon as possible after the interviews
have been held, together with the curriculum vitae of the
applicants whose application is admissible and who meet
the requirements set out in the advertisement.

3.

The tasks of the Committee shall include:

Article 10

(a) making an initial assessment of the applicants, taking
into account their professional qualifications, skills and
experience;

On the basis of the report of the Committee and any
information it may wish to obtain from the
the Management Board shall draw up an

1.
further
Committee,
opinion to be submitted to the Council.

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if

some or all of

The Management Board may,

this
it deems
2.
necessary, hear
the applicants before
drawing up its opinion. If it so happens that a member of
the Management Board is also on the list of applicants, he
shall not be present when the opinion of the Management
Board is drawn up.

(d) dismissal following a disciplinary procedure;

(e) retirement; or

(f) death.

In its opinion, the Management Board shall present
3.
indicating among them a
the full
short-list of suitable applicants together with the full file
of each of those applicants.

list of the applicants,

S e c t i o n 1

Resignation

Article 14

The Management Board shall

the
4.
applicants on the
for
short-list meet
engagement provided for in Article 24(2)(d) and (3) of the
Staff Regulations.

that
conditions

ensure

the

The Chairman of the Management Board shall forward
5.
the opinion of the Management Board to the Council
in
order to allow the latter to take its decision as envisaged
by Article 29(1) of the Europol Convention on the basis of
all relevant information.

Article 11

Members of the Committee, assessors, as well as members
of the Management Board and Europol officials involved,
shall maintain the strictest confidentiality with regard to
the applicants and the results of the selection procedure.

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
to derogate from the
may decide, by majority vote,
In such cases the
procedure established in this Chapter.
Management Board shall draw up, at
twelve
the latest
months before
term of office ends, an opinion
the
to renew the term of office. The
advising the Council
procedure laid down in this Chapter shall be followed
when the Council decides not to renew the nomination or
when the Council fails to take a decision in this respect
within three months after the receipt of the Management
Board opinion.

CHAPTER 2

TERMINATION OF SERVICE

Article 13

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

(a) resignation;

(b) compulsory resignation;

(c) retirement in the interests of Europol;

A Director or Deputy Director who wishes to resign
1.
before the end of his term of office shall state unequivocally
in writing his intention to leave the service of Europol,
proposing the date on which his resignation should take
effect. The letter of resignation shall be addressed to the
President of the Council, with a copy to the Chairman of
the Management Board.

The Council shall

2.
take its decision confirming the
resignation within two month of receiving the letter of
resignation. The Council may, however, refuse to accept
the
the resignation if disciplinary proceedings against
person concerned are in progress at
the
the date of
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
letter of
if
necessary for the good functioning of Europol, stipulate
that
effect until his
such resignation shall not
successor has taken up his duties.

resignation. However,

the Council may,

take

S e c t i o n 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.

S e c t i o n 3

Retirement in the interests of Europol

Article 16

The Director or a Deputy Director may be retired in
1.
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.

2.
The Director or Deputy Director thus retired shall,
until the date envisaged for the end of his term of office,
receive an allowance as follows:

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(a)

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

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

of 85 % of his basic salary;

(c)

for the following period, a monthly allowance of 70 %
of his basic salary.

3.
During the period of entitlement to the allowance, the
Director or Deputy Director shall not be entitled to the
monthly unemployment allowance referred to in Article
59 of the Staff Regulations. Where the Director or Deputy
Director is after this period entitled to an unemployment
allowance pursuant to Article 59 of the Staff Regulations,
the period of entitlement to the allowance referred to in
paragraph 2 shall be deducted from the period of
entitlement of the unemployment allowance.

4.
Income received by the persons concerned from any
new employment or from a retirement pension pursuant to
Article 72 of the Staff Regulations during the period in
which they receive an allowance in accordance with
allowance
paragraph 2 shall be deducted from the
income and the
provided for in that paragraph if
allowance together exceed the total
remuneration 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 entitlement.

that

5.
During the period of entitlement to the allowance, the
person concerned shall be entitled, in respect of himself and
persons covered by his insurance, to benefits under the
sickness insurance scheme provided for in Article 56(1) of
the Staff Regulations, on condition that he pays the appro-
priate contribution calculated by reference to the allowance
specified in paragraph 2 of this Article and that he cannot
be covered by any other public scheme against the same
risks.

6.
As from the end of the period referred to in paragraph
5, Article 56(2) of the Staff Regulations shall apply mutatis
mutandis.

S e c t i o n 4

Dismissal following a disciplinary procedure

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
the Director or a
Deputy Director to comply with his obligations.

failure of

S e c t i o n 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

S e c t i o n 1

Disciplinary measures

Article 19

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

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

Disciplinary measures shall take one of the following

2.
forms:

(a) written warning;

(b) reprimand;

(c) reduction of his 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, but the
consequences of
the
this measure shall not affect
dependants of the Director or the Deputy Director.

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

1.
The Director shall have the right to issue a written
warning or a reprimand to the Deputy Director on his 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.

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The Management Board shall have the right to issue a
2.
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 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 views, may order that he be suspended forthwith,
under the conditions laid down by Article 90 of the Staff
Regulations. Such decision shall be in writing and duly
reasoned.

S e c t i o n 2

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

Article 22

the Council may
1. Without prejudice to Article 20,
decide to order any of the disciplinary measures indicated
in Article 19(2) after the disciplinary proceedings provided
for in this section have been completed.

6. 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 request to be excused from serving, provided he
has legitimate grounds.

The Management Board shall, where it decides to uphold
the objection or to grant the request to be excused, by
drawing lots, fill any vacancies arising ensuring that there
is no more than one representative per Member State in the
Disciplinary Board.

The members of

7.
the Disciplinary Board indicated
pursuant to paragraphs 4 or 6 shall serve as members of
the Board until the tasks of the Disciplinary Board in the
disciplinary procedure have been completed.

However, where in the course of

the disciplinary
8.
procedure there is reason to believe that a member of the
Disciplinary Board has a personal relationship with the
Director or the Deputy Director charged or is physically
unable to fulfil his duties, he shall not participate in the
the Member State
In such cases,
disciplinary process.
which presented the member
to the
Management Board that he be replaced and shall assign
another representative to serve as member of the Disci-
plinary Board.

shall propose

Disciplinary proceedings shall be initiated by decision
the Management Board on its own initiative, after

2.
of
hearing the person concerned.

9. Members of the Disciplinary Board shall be completely
independent
their duties. The
proceedings of the Board shall be secret.

in the performance of

A Disciplinary Board shall be
shall prepare
It

set up by the
3.
Management Board.
the Management
Board's opinion on the need for disciplinary measures
indicated in Article 19(2) to be submitted to the Council
in accordance with Article 29(6) of the Europol Convention.

The Disciplinary Board shall consist of the following
4.
members: 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 2, a representative of the Member State which
held the Presidency 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. The representatives shall
be of a higher or comparable rank or level of seniority as
the Director or Deputy Director concerned, and shall not at
the same time be a member of the Management Board.
Where possible, they shall have experience with conducting
disciplinary proceedings.

The secretariat of

10.
provide the secretariat of the Disciplinary Board.

the Management Board shall

Article 23

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

stating clearly the

The Management Board shall appoint a representative
2.
in the disciplinary proceedings. He shall not be a member of
the disciplinary board.

The report

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

5.
The Chairman of the Board shall also be determined
by lot by the Management Board, but may not be the
representative of the Member State holding the Presidency.

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

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Article 24

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

Article 25

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

2. When the Director or Deputy Director 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.

Article 26

The Management Board shall likewise have the right to call
witnesses.

Article 27

1.
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 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 Disci-
plinary Board shall, by majority vote, deliver a duly
reasoned 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 Disciplinary 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

1.
the Disciplinary Board.

2. Witnesses
depositions.

shall

sign the minute

recording their

The duly reasoned opinion provided for in Article 28
3.
shall be signed by all members of the Disciplinary Board.

Article 30

in

concerned

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

in any of

course

of

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
reasoned opinion on the disciplinary measure, indicated in
Article 19(2), appropriate to the facts complained of.

The Management Board shall

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

take

3.
The Chairman of the Management Board shall forward
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.

4.
Should the Management Board decide that no opinion
is to be submitted to the Council in accordance with Article
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

1.
Upon receipt of 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
views, decide whether a disciplinary measure is to be
applied.

Should the Council decide that a disciplinary measure
2.
as referred to in Article 19(2)
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 reasoned and shall be notified to
the person concerned and to Europol.

is to be applied,

The Council shall

3.
paragraph 1 without undue delay.

take the decision referred to in

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Article 33

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

proceedings may

disciplinary

evidence,

express decision or implicit decision. However, the person
concerned may, after submitting a complaint pursuant to
paragraph 1, immediately file an appeal with the Court of
Justice of the European Communities, under the conditions
set out in Article 93(4) of the Staff Regulations.

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.

CHAPTER 5

SPECIAL PROVISIONS CONCERNING THE DIRECTOR

Article 35

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

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

Complaints of

the Director or a Deputy Director
1.
pursuant to Article 92(2) of the Staff Regulations shall be
submitted to, and treated by, the authority which took the
definitive decision in the matter.

2.
Appeals from the Director or a Deputy Director to the
Court of Justice of the European Communities as referred to
in Article 93 of the Staff Regulations shall lie only if the
authority which took the definitive decision in the matter
has previously had a complaint submitted to it pursuant to
paragraph 1 and that complaint has been rejected by

the Director wishes to exercise a right
1. Wherever
conferred upon him by virtue of
the Staff Regulations
with respect to himself, and the power to take a decision
in the matter under the Staff Regulations is conferred upon
the Director, he
the
Management Board thereof.
In such cases the Chairman
may decide to put the case to the Management Board for
final decision.

chairman of

inform the

shall

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

functions

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.

Done at Brussels on 19 December 2002.

For the Council
The President
L. ESPERSEN