Council Act of 5 June 2003 amending the Staff Regulations applicable to Europol employees
Date: 2003-06-05
Institutions: Council of the European Union
Subjects: Europol, regulations for civil servants

C 152/2

EN

Official Journal of the European Union

28.6.2003

When information protectively marked at different levels is
gathered, the classification level to be applied shall be at
least as high as that applicable to the information protected
at the highest level. At all events, a group of information
may be given a higher protection level than that of each of
its parts.

if such information has to be classified, the lowest

that,
possible level should be assigned.’;

6. In Article 11(3) the terms ‘level 1 or 2’ shall be replaced by
‘Europol Restricted level or Europol Confidential level’;

The translation of protectively marked documents shall be
subject to the same protection as the originals.’

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

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

Article 2

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:

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

flexibility

required

Europol

This Act shall enter into force on 1 July 2003.

Article 3

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

Done at Luxembourg, 5 June 2003.

For the Council

The President

M. CHRISOCHOÏDIS

COUNCIL ACT

of 5 June 2003

amending the Staff Regulations applicable to Europol employees

(2003/C 152/02)

THE COUNCIL OF THE EUROPEAN UNION,

Whereas:

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 Denmark (2),

(1) The Staff Regulations applicable to Europol employees, as
laid down in Council Act of 3 December 1998 (4), should
be amended 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,

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

HAS ADOPTED THIS ACT:

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

Article 1

(1) OJ C 316, 27.11.1995, p 2. Convention as last amended by the
Protocol of 28 November 2002 (OJ C 312, 16.12.2002, p. 2).

(2) OJ C 286, 22.11.2002, p. 20.
(3) Opinion of 9 April 2003 (not yet published in the Official Journal).

The Staff Regulations applicable to Europol employees are
amended as follows:

(4) OJ C 26, 30.1.1999, p. 23. Act as last amended by the Council Act

of 19 December 2002 (OJ C 24, 31.1.2003, p. 1).

28.6.2003

EN

Official Journal of the European Union

C 152/3

1. Article 43 shall be replaced by the following:

‘Article 43

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
he performs his duties.
the remuneration,
excluding any education allowances pursuant to the first
subparagraph of Article 3(1), and Article 3(2) of Appendix
5, shall be weighted, after the compulsory deductions set
out in these Staff Regulations or in any implementing regu-
lations, and shall be calculated on the basis of the corre-
sponding 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.

3.
The weighting applicable shall be calculated at a rate
above, below or equal to 100 %, as decided by the Director,
recent weightings adopted by the
reflecting the most
Council pursuant
to Article 64 of the Staff Regulations
applicable to officials and other servants of the European
Communities compared to the weighting applicable in the
Netherlands, as they may be amended. The Director shall
promptly 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 corre-
sponding exchange rate is found to have exceeded 5 %
since the last adjustment,
the Director shall decide on
interim measures for adjusting the weighting and shall
inform the Management Board thereof as soon as possible.";’

2. The following Title shall be inserted:

‘TITEL III A

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. Article 7(4) of Appendix 5 shall be replaced by the

following:

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

to submission of

household allowance, for his spouse and other dependants
within the meaning of Article 2 once, in each calendar year,
subject
to
repayment of the actual travel expenses to his place of
travel expenses to another
origin, or to repayment of
place not exceeding the expenses of travel to his place of
origin.

supporting documents,

if

the spouse and the persons referred to in
However,
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
travel
place of employment or to repayment of actual
expenses to another place not exceeding the costs of the
former journey.

This 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,
the official shall be entitled to
repayment in accordance with subparagraphs 1 and 2 a
second time within the same calendar year.’;

that

4. The following section shall be added to Section 3 in

Appendix 5:

‘G. R e s e t t l e m e n t a l l o w a n c e

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

the
so requests,
3.
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.

C 152/4

EN

Official Journal of the European Union

28.6.2003

Notwithstanding paragraph 2, an official who is
4.
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 shall be added:

‘APPENDIX 9

Special
officials serving in a third country

and exceptional provisions

applicable

to

SECTION 1

General provisions

Article 1

SECTION 3

Working conditions

Article 6

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

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,

than the
for
2. Where
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

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

SECTION 4

Emoluments and family allowances

Article 2

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

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
implementing provisions that the official
basis of general
shall remain subject to certain provisions of this Appendix
for the duration of this temporary assignment, excluding
Articles 5, 8 and 9.

SECTION 2

Obligations

Article 4

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

Article 8

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
allowance, household allowance
child
allowance,
less the compulsory deductions referred to in
the Staff Regulations or in the regulations adopted to
implement them.

and dependent

Where an official is employed in a country in which living
to those normally
conditions can be deemed equivalent
obtaining in the European Union, no such allowance shall
be payable.

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,

— security,

— climate,

to which a weighting of 1 shall be applied:

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.

— degree of isolation,

— other local conditions,

28.6.2003

EN

Official Journal of the European Union

C 152/5

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

Each parameter shall have the following value:

the official

is entitled to receive a further
Appendix 5,
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.

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;

4: where conditions are very difficult compared with those

normally obtaining in the European Union.

The allowance shall be fixed as a percentage of the 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,

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

than 9,

establishment

If the child is in regular full-time attendance at an
2.
the
educational
education allowance
amount
mentioned in the second subparagraph of Article 3(1), 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

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

Officials may opt to have the resettlement allowance
2.
paid in either euros or the currency of the country 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.

SECTION 5

Rules relating to the reimbursement of expenses

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

Article 11

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 appropriate,
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:

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

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

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

establishment

for primary

or

1.
An official provided with accommodation pursuant to
Article 5 and 13 and who, for reasons beyond his control,
the place of
is obliged to change his
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

residence

at

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

reimbursed

production

on

of

Article 12

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”.

C 152/6

EN

Official Journal of the European Union

28.6.2003

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
maximum rent costs for the place where the official
is
employed will be laid down by the Director of Europol
reflecting the maximum rent costs applicable to officials
the European Communities who
and other servants of
hold similar positions in the same place of employment.

Article 14

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.

Article 15

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
his own car. The Director shall
the
allowance.

fix the amount of

SECTION 6

Social security benefits

Article 16

The official, his spouse, his children and other persons
dependent on the official 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

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

2.
The official, the spouse, children and other persons
dependent on the official shall be insured against liability

for material damage and physical injuries inflicted on third
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.

SECTION 7

Education allowance for officials returning from a
transfer

Article 18

in receipt of

an expatriation allowance

1.
The director may decide, by special reasoned decision,
that an official returning from serving in a third country,
not
in the
Netherlands, shall be entitled to receive the education
allowance specified in Article 3 of Appendix 5,
in order
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
Union.

Done at Luxembourg, 5 June 2003.

For the Council

The President

M. CHRISOCHOÏDIS