Initiative by the Republic of Austria with a view to the adoption of a Council Act amending Europol's staff regulations
Date: 2006-03-23
Institutions: Austria
Subjects: Europol, staff regulations (EU)

C 71/16

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II

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

Initiative by the Republic of Austria with a view to the adoption of a Council Act amending Euro-
pol's staff regulations

(2006/C 71/10)

THE COUNCIL OF THE EUROPEAN UNION

Having
the Convention
(‘Europol Convention’) (1), and in particular Article 30(3) thereof,

regard

establishment

the

on

to

of

a

European

Police Office

Having regard to the initiative by the Republic of Austria,

Having regard to the opinion of the European Parliament,

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

Whereas:

(1)

(2)

(3)

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 Regulations’), in order to
provide for a maximum period of service of nine years under two fixed term contracts for all
employees,

It is furthermore desirable to amend the Staff Regulations in order to regulate the employment rela-
tionships of the Financial Controller, of the Assistant Financial Controller(s) and of staff working for
the Financial Controller's Office, and the employment relationships of the Secretary of the Manage-
ment Board of Europol and of staff working for the Management Board Secretariat.

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

HAS ADOPTED THIS ACT:

The Staff Regulations are hereby amended as follows:

1) The following paragraphs shall be added to Article 1:

Article 1

‘3.
The Staff Regulations shall also apply to the Financial Controller and Assistant Financial Control-
ler(s) of Europol and to staff working for the Financial Controller's Office, without prejudice to the
Europol Convention or to the Europol Financial Regulation and as far as not otherwise provided in
Appendix 10, which establishes special provisions concerning the Financial Controller, the Assistant
Financial Controller(s) and staff working for the Financial Controller's Office.

The Staff Regulations shall also apply to the Secretary of the Management Board of Europol and
4.
to staff working for the Management Board Secretariat, without prejudice to the Europol Convention
and as far as not otherwise provided in Appendix 11, which establishes special provisions concerning
the Secretary of the Management Board and staff working for the Management Board Secretariat.’;

(1) OJ C 316, 27.11.1995, p. 2. Convention as last amended by the Protocol of 27 November 2003 (OJ C 2, 6.1.2004,

p. 1).

(2) OJ C 26, 30.1.1999, p. 23. Act as last amended by the Council Decision of 12 October 2005 (OJ C 259,

19.10.2005, p. 1).

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2) Article 6 shall be replaced by the following:

‘Article 6

All Europol staff, whether recruited to a post which can be filled only by staff engaged from the compe-
tent authorities referred to in Article 2(4) of the Europol Convention or whether recruited to a post
which is not subject to that restriction, shall initially be engaged for a fixed period of between one and
five years.

First contracts may be renewed. The total length of the fixed-term contracts, including any periods of
renewal, shall not be more than nine years.

Only staff recruited to a post not restricted to staff engaged from the competent authorities referred to
in Article 2(4) of the Europol Convention may be engaged for an indefinite period after serving two
contracts for a fixed period consistently to a highly satisfactory standard for a minimum period of
service of six years.

The Management Board of Europol shall give its consent on a yearly basis insofar as the Director of
Europol intends to grant contracts of indefinite duration. The Management Board may fix ceilings for
the total number of such contracts to be granted.’;

3) Article 95 shall be replaced by the following:

‘Article 95

Employment, whether for a fixed or for an indefinite period, may be terminated by Europol without
notice:

(a) during or at the end of the probationary period in accordance with Article 26;

(b) if the official ceases to satisfy the requirements of Article 24(2)(a) and (d); however, if the official
ceases to satisfy the requirements of Article 24(2)(d), his contact may be terminated only in accord-
ance with Article 65;

(c) if the period of secondment, special leave or temporary outplacement agreed to by the competent
authority is terminated in the case of an official occupying a post which can be filled only by staff
engaged from the competent authorities referred to in Article 2(4) of the Europol Convention;

(d) if the official is unable to resume his duties at the end of a period of paid sick leave as provided for
in Article 38. In such a case, the official shall receive an allowance equal to his basic salary, plus
family allowances at the rate of two days per month of service completed.’;

4) Article 3(3) of Appendix 2 shall be replaced by the following:

‘3. Without prejudice to the maximum periods of service provided for in Article 6 of the Staff Regu-
lations, for all vacant posts both internal and external applications shall be considered.’;

5) the following appendix 10 shall be added after Appendix 9:

‘APPENDIX 10

Special provisions concerning the Financial Controller, the Assistant Financial Controller(s) and
staff working for the Financial Controller's Office

CHAPTER 1

FUNCTION AND DUTIES

Article 1

1.
The Financial Controller shall be responsible for and shall perform the tasks assigned to him by
the Europol Convention and by the Europol Financial Regulation, and all other tasks assigned to the
Financial Controller by the Management Board.

2.
In accordance with Article 20 of the Europol Financial Regulation, in carrying out his duties, the
Financial Controller shall be accountable solely to the Management Board and shall be responsible to it
for their performance.

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3.
The Assistant Financial Controller(s) shall be responsible for and shall perform the tasks assigned
to them by the Europol Convention and by the Europol Financial Regulation, and all other tasks
assigned to them by the Financial Controller.

4.
In carrying out their duties, the Assistant Financial Controller(s) and any additional staff working
for the Financial Controller's Office shall be accountable solely to the Management Board and shall be
responsible to it for their performance.

5.
The Financial Controller and one or more Assistant Financial Controller(s) shall be appointed in
accordance with Article 35(7) of the Europol Convention and with the further rules set out in this
Appendix.

Article 2

Unless provided otherwise in this Appendix, where the Staff Regulations provide for the exercise
1.
of authority or control by the Director over members of Europol staff, any such provision shall be read,
in respect of the Financial Controller, the Assistant Financial Controller(s) and additional staff working
for the Financial Controller's Office, as referring to the Chairman of the Management Board.

Any decision taken in accordance with this Appendix by the Management Board or by the
2.
Chairman of the Management Board that requires legal
implementation shall be formalised by the
Director, acting as the legal representative of Europol in accordance with Article 29(5) of the Europol
Convention.

CHAPTER 2

ELIGIBILITY AND SELECTION PROCEDURES

Article 3

In accordance with Article 35(7) of the Europol Convention and Article 20 of the Europol Financial
Regulation, the Financial Controller and the Assistant Financial Controller(s) shall be selected from one
of the official audit bodies of one of the Member States.

Article 4

Recruitment for the post of Financial Controller shall be carried out in accordance with Article 35(7) of
the Europol Convention and Chapter 3 and Appendix 2 of the Staff Regulations, subject to the
following special provisions:

(a) a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of
the representatives of three Member States, including the Presidency, the others being determined
by the drawing of lots by the Management Board; those three members shall elect one of their
number as the Chairman of the Selection Board;

(b) the advertisement shall be drawn up by the Management Board;

(c) the Head of the Human Resources Unit shall act as the Secretary of the Selection Board and shall
provide administrative support as required; he shall have no vote in the selection procedure, nor
shall he exercise any other influence on the outcome of the procedure;

(d) the test(s), if any, shall be prepared exclusively by the members of the Selection Board, who may
decide against the need for written test(s); all pre-selected candidates shall be interviewed by the
Selection Board;

(e) the list of the successful candidates in order of merit drawn up by the Selection Board shall be

forwarded to the Chairman of the Management Board;

(f) the Management Board shall select the successful candidate by unanimous decision, in accordance

with Article 35(7) of the Europol Convention.

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Article 5

Recruitment of one or more Assistant Financial Controller(s) and of staff working for the Financial
Controller's office shall be carried out in accordance with Chapter 3 and Appendix 2 of the Staff Regu-
lations and, in respect of the Assistant Financial Controller(s), with Article 35(7) of the Europol Conven-
tion, subject to the following special provisions:

(a) for the recruitment of an Assistant Financial Controller, a Selection Board shall be set up by the
Chairman of the Management Board, which shall consist of the Financial Controller, who shall act
as the Chairman of the Selection Board, two representatives of Member States, including the Presi-
dency, the other being determined by the drawing of lots by the Management Board, and the Head
of the Human Resources Unit, who shall act as the secretary to the Selection Board; the secretary of
the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other
influence on the outcome of the selection procedure;

(b) for the recruitment of other staff working for the Financial Controller's Office, a Selection Board
shall be set up by the Financial Controller, who shall act as the Chairman of the Selection Board,
and the Head of the Human Resources Unit, who shall act as the secretary of the Selection Board;
the secretary of the Selection Board shall have no vote in the selection procedure, nor shall he exer-
cise any other influence on the outcome of the selection procedure; furthermore the Presidency
may, if it so wishes, assign a representative to serve as a member of the Selection Board;

(c) the advertisement shall be drawn up by the Selection Board;

(d) the test(s) shall be prepared exclusively by the members of the Selection Board, who shall interview

all pre-selected candidates;

(e) the list of the successful candidates in order of merit drawn up by the Selection Board shall be

forwarded to the Chairman of the Management Board;

(f) as regards the Assistant Financial Controller(s), the Management Board shall select the successful
candidate(s) by unanimous decision, in accordance with Article 35(7) of the Europol Convention
and Article 20(1) of the Europol Financial Regulation;

(g) as regards other staff working for the Financial Controller's Office, the Chairman of the Management

Board shall select the successful candidate.

CHAPTER 3

TERM OF OFFICE, CONDITIONS OF ENGAGEMENT AND INCOMPATIBILITIES

Article 6

1.
The initial term of office of the Financial Controller shall be determined by the Management
Board by unanimous decision in accordance with Article 6 of the Staff Regulations. The contract may
be renewed by unanimous decision of the Management Board in accordance with Article 6 of the Staff
Regulations.

2.
The initial term of office of the Assistant Financial Controller(s) shall be determined by the
Management Board by unanimous decision in accordance with Article 6 of the Staff Regulations. The
contract may be renewed by unanimous decision of the Management Board in accordance with Article
6 of the Staff Regulations.

The initial term of office of staff working for the Financial Controller shall be determined by the
3.
Chairman of the Management Board in accordance with Article 6 of the Staff Regulations. On the basis
of advice from the Financial Controller, contracts may be renewed by decision of the Chairman of the
Management Board in accordance with Article 6 of the Staff Regulations.

Article 7

The post of Financial Controller shall be deemed to correspond to that of a Head of Unit in

1.
accordance with Article 45 and Appendix 1 of the Staff Regulations.

The post of Assistant Financial Controller(s) shall be deemed to correspond to that of First Officer

2.
in accordance with Article 45 and Appendix 1 of the Staff Regulations.

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Article 8

The initial salary scale and the incremental point at which the Financial Controller and the Assis-
1.
tant Financial Controller(s) shall be engaged shall be determined by unanimous decision of the Manage-
ment Board.

2.
In the case of the Financial Controller, all the periodical reports and decisions provided for in
Chapter 3 of the Staff Regulations shall be made by the Chairman of the Management Board, who shall
be assisted to that end by his predecessors as regards previous periods of service.

3.
In the case of the Assistant Financial Controller(s), all the periodical reports and decisions provided
for in Chapter 3 of the Staff Regulations shall be made by the Financial Controller and shall be subject
to confirmation by the Chairman of the Management Board.

Article 9

The initial salary scale and the incremental point at which staff working for the Financial Control-

1.
ler's Office shall be engaged shall be determined by the Chairman of the Management Board.

2.
In the case of staff working for the Financial Controller's Office, on the basis of advice from the
Financial Controller, all the periodical reports and decisions provided for in Chapter 3 of the Staff Regu-
lations shall be made by the Financial Controller and confirmed by the Chairman of the Management
Board.

Article 10

Once their terms of office have been completed, neither the Financial Controller nor the Assistant
Financial Controller(s) may be recruited for a Europol post subject to the authority of the Director for
at least eighteen months.

CHAPTER 4

TERMINATION OF SERVICE

Article 11

The service of the Financial Controller or of the Assistant Financial Controller(s) shall be terminated in
accordance with Chapter 10 of the Staff Regulations, subject to the following special provisions:

(a) any decision to terminate the service of the Financial Controller or of the Assistant Financial

Controller(s) shall be taken by the Management Board by unanimous decision;

(b) a decision to terminate the service of the Financial Controller or of the Assistant Financial Control-
ler(s) on disciplinary grounds shall take into account the special provisions on disciplinary proceed-
ings set out in Chapter 5 of this Appendix.

Article 12

The service of staff working for the Financial Controller's Office shall be terminated in accordance with
Chapter 10 of the Staff Regulations, subject to the following special provisions:

(a) any decision to terminate the service of staff working for the Financial Controller's Office shall be
taken by the Chairman of the Management Board, acting on the reasoned advice of the Financial
Controller;

(b) a decision to terminate the service of staff working for the Financial Controller's Office on disci-
plinary grounds shall take into account the special provisions on disciplinary proceedings set out in
Chapter 5 of this Appendix.

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CHAPTER 5

DISCIPLINARY PROCEEDINGS

Article 13

Disciplinary proceedings against the Financial Controller and the Assistant Financial Controller(s) shall
be carried out in accordance with Article 49(5) of the Financial Regulation and Chapter 8 and Appendix
7 of the Staff Regulations, subject to the following special provisions:

(a) a Disciplinary Board shall be set up by the Management Board, which shall consist of the Chairman
of the Management Board, who shall serve as the Chairman of the Disciplinary Board, and of repre-
sentatives of three Member States determined by the drawing of lots by the Management Board; the
representatives shall be of higher or comparable rank or level of seniority to the Financial Controller
or the Assistant Financial Controller(s); they shall not at the same time be members of the Manage-
ment Board;

(b) a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacan-

cies arise for other reasons, they shall be filled by the drawing of lots;

(c) the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs

Unit if that is desired;

(d) the Management Board shall have the right to issue a written warning or a reprimand by unani-
mous decision without consulting the Disciplinary Board, on a proposal from the Chairman of the
Management Board or one of its other members; the Financial Controller or the Assistant Financial
Controller(s) shall be informed thereof in writing, and shall be heard before any such action is
taken;

(e) other disciplinary measures shall be ordered by the Management Board by unanimous decision
once the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regu-
lations has been completed; that procedure shall be initiated by the Chairman of the Management
Board, once he has heard the Financial Controller or the Assistant Financial Controller(s);

(f) the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide
on a request for the removal of all references to disciplinary measures from the personal file
provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the
Management Board, who shall consult the members of the Management Board;

(g) a report shall be submitted to the Disciplinary Board by the Management Board, stating clearly the

facts complained of and, where appropriate, the circumstances in which they arose;

(h) at the first meeting of the Disciplinary Board, the members shall appoint one of their number to

prepare a general report on the matter;

(i) the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be
sent to the Financial Controller and to the Management Board, which shall take its decision by
unanimity within one month of receiving the opinion, after hearing the Financial Controller or the
Assistant Financial Controller(s);

(j) where there are new facts which are supported by relevant evidence, the disciplinary procedure
may be reopened by the Management Board on its own initiative or at the request of the Financial
Controller or the Assistant Financial Controller(s).

Article 14

Disciplinary proceedings against staff working for the Financial Controller's Office shall be carried out
in accordance with Chapter 8 and Appendix 7 of the Staff Regulations, subject to the following special
provisions:

(a) a Disciplinary Board shall be set up by the Management Board, which shall consist of three repre-
sentatives of Member States determined by the drawing of lots by the Management Board; the repre-
sentatives shall be of a higher or comparable rank or level of seniority to the member of staff
working for the Financial Controller's Office; they shall not at the same time be members of the
Management Board; they shall agree that one of their number shall act as Chairman of the Disci-
plinary Board;

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(b) a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacan-

cies arise for other reasons, they shall be filled by the drawing of lots;

(c) the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs

Unit if that is desired;

(d) the Management Board shall have the right to issue a written warning or a reprimand by unani-
mous decision without consulting the Disciplinary Board, on his own initiative or on a proposal
from one of the members of the Management Board; the member of staff working for the Financial
Controller's Office shall be informed thereof in writing, and shall be heard before any such action is
taken;

(e) other disciplinary measures shall be ordered by the Chairman of the Management Board once the
disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations
has been completed; that procedure shall be initiated by the Chairman of the Management Board,
once he has heard the member of staff working for the Financial Controller's Office;

(f) the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide
on a request for the removal of all references to disciplinary measures from the personal file
provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the
Management Board;

(g) a report shall be submitted to the Disciplinary Board by the Chairman of the Management Board,
stating clearly the facts complained of and, where appropriate, the circumstances in which they
arose;

(h) at the first meeting of the Disciplinary Board, the members shall appoint one of their number to

prepare a general report on the matter;

(i) the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be
sent to the member of staff working for the Financial Controller's Office and to the Chairman of the
Management Board, who shall take his decision within one month of receiving the opinion, after
hearing the member of staff working for the Financial Controller's Office;

(j) where there are new facts which are supported by relevant evidence, the disciplinary procedure
may be reopened by the Chairman of the Management Board on his own initiative or at the request
of the official concerned.

CHAPTER 6

LIABILITY

Article 15

1.
As regards the liability of the Financial Controller and the Assistant Financial Controller(s) under
Article 49(5) and (6) of the Financial Regulation, the Financial Controller and the Assistant Financial
Controller(s) shall insure themselves against such risks.

2.

Europol shall cover the insurance costs relating thereto.

CHAPTER 7

APPEALS

Article 16

1.
Complaints by the Financial Controller, an Assistant Financial Controller or a member of staff
working for the Financial Controller's Office pursuant to Article 92(2) of the Staff Regulations shall be
submitted to, and dealt with by, the authority which took the definitive decision in the matter.

2.
Appeals by the Financial Controller, an Assistant Financial Controller or a member of staff
working for the Financial Controller's Office pursuant to Article 93 of the Staff Regulations shall lie
only if the authority which took the definitive decision in the matter previously had a complaint
submitted to it pursuant to paragraph 1 and that complaint was rejected by 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
laid down in Article 93(4) of the Staff Regulations.

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SPECIAL PROVISIONS CONCERNING THE FINANCIAL CONTROLLER AND TRANSITIONAL PROVI-
SIONS

CHAPTER 8

Article 17

Where the Financial Controller is unable to exercise his functions for a period of more than one month,
or the position of Financial Controller is vacant, his duties shall be performed by an Assistant Financial
Controller. For that purpose the Management Board shall indicate the order of replacement whenever
an Assistant Financial Controller is appointed.

Article 18

When decisions concerning the Financial Controller, the Assistant Financial Controller(s) or staff
working for the Financial Controller's Office or contractual arrangements concerning a person occu-
pying the post of Financial Controller, Assistant Financial Controller or staff working for the Financial
Controller's Office were made before the entry into force of this Appendix, such decisions or contrac-
tual arrangements shall continue to apply.’;

6) the following appendix shall be added after Appendix 10:

‘APPENDIX 11

Special provisions concerning the Secretary of the Management Board and staff working for the
Management Board Secretariat

CHAPTER 1

FUNCTION AND DUTIES

Article 1

The Management Board shall be given the support of a Secretary and of additional staff working

1.
for the Management Board Secretariat so that it may carry out its duties.

2.
In carrying out their duties, the Secretary of the Management Board and staff working for the
Management Board Secretariat shall be accountable solely to the Management Board and shall be
responsible to it for their performance. However, if authorised by the Management Board in advance,
under its authority they may also carry out other duties in the interests of Europol.

Article 2

1.
Unless provided otherwise in this Appendix, where the Staff Regulations provide for the exercise
of authority or control by the Director or by Europol over members of Europol staff, any such provi-
sion shall be read, in respect of the Secretary of the Management Board and of staff working for the
Management Board Secretariat, as referring to the Chairman of the Management Board.

Any decision taken in accordance with this Appendix by the Management Board or by the
2.
Chairman of the Management Board that requires legal
implementation shall be formalised by the
Director, acting as the legal representative of Europol in accordance with Article 29(5) of the Europol
Convention.

CHAPTER 2

ELIGIBILITY AND SELECTION PROCEDURES

Article 3

The posts of Secretary of the Management Board and of additional staff working for the Management
Board Secretariat shall not be restricted to staff engaged from the competent authorities referred to in
Article 2(4) of the Europol Convention.

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Article 4

Recruitment for the post of Secretary of the Management Board shall be carried out in accordance with
Chapter 3 and Appendix 2 of the Staff Regulations, subject to the following special provisions:

(a) a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of
the representatives of three Member States, including the Presidency, the others being determined
by the drawing of lots by the Management Board; those three members shall elect one of their
number as the Chairman of the Selection Board;

(b) the advertisement shall be drawn up by the Management Board;

(c) the Head of the Human Resources Unit shall act as the secretary of the Selection Board and shall
provide administrative support as required; he shall have no vote in the selection procedure, nor
shall he exercise any other influence on the outcome of the procedure;

(d) the test(s), if any, shall be prepared exclusively by the members of the Selection Board, who may
decide against the need for written test(s); all pre-selected candidates shall be interviewed by the
Selection Board;

(e) the list of the successful candidates in order of merit drawn up by the Selection Board shall be

forwarded to the Chairman of the Management Board;

(f) the Management Board shall select the successful candidate by majority decision.

Article 5

Recruitment of staff working for the Management Board Secretariat shall be carried out in accordance
with Chapter 3 and Appendix 2 of the Staff Regulations, subject to the following special provisions:

(a) for the post of First Officer, a Selection Board shall be set up by the Chairman of the Management
Board, which shall consist of the Secretary of the Management Board and two representatives of
Member States, including the Presidency, the other being determined by the drawing of lots by the
Management Board, one of whom shall serve as the Chairman of the Selection Board, and the Head
of the Human Resources Unit, who shall act as the secretary of the Selection Board; the secretary of
the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other
influence on the outcome of the selection procedure;

(b) for any post below First Officer, a Selection Board shall be set up by the Chairman of the Manage-
ment Board, which shall consist of the Secretary of the Management Board, who shall act as the
Chairman of the Selection Board, and the Head of the Human Resources Unit, who shall act as the
secretary of the Selection Board; the secretary of the Selection Board shall have no vote in the selec-
tion procedure, nor shall he exercise any other influence on the outcome of the selection procedure;
furthermore the Presidency may, if it so wishes, assign a representative to serve as a member of the
Selection Board;

(c) the advertisement shall be drawn up by the Selection Board;

(d) the test(s) shall be prepared exclusively by the members of the Selection Board, who shall interview

all pre-selected candidates;

(e) the list of the successful candidates in order of merit drawn up by the Selection Board shall be

forwarded to the Chairman of the Management Board;

(f) the Chairman of the Management Board shall select the successful candidate.

CHAPTER 3

TERM OF OFFICE AND CONDITIONS OF ENGAGEMENT

Article 6

1.
The initial term of office of the Secretary of the Management Board shall be determined by the
Management Board in accordance with Article 6 of the Staff Regulations. The contract may be renewed
by the Management Board in accordance with Article 6 of the Staff Regulations.

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2.
The initial term of office of staff working for the Management Board Secretariat shall be deter-
mined by the Chairman of the Management Board in accordance with Article 6 of the Staff Regulations.
On the basis of advice from the Secretary of the Management Board, contracts may be renewed by deci-
sion of the Chairman of the Management Board in accordance with Article 6 of the Staff Regulations.

The post of Secretary of the Management Board shall be deemed to correspond to that of a Head of
Unit in accordance with Article 45 and Appendix 1 of the Staff Regulations.

Article 7

Article 8

The initial salary scale and the incremental point at which the Secretary of the Management Board

1.
shall be engaged shall be determined by the Management Board.

2.
In the case of the Secretary of the Management Board, all the periodical reports provided for in
Chapter 3 of the Staff Regulations shall be made by the Chairman of the Management Board, who shall
be assisted to that end by the Head of the Human Resources Unit and who shall also prepare the deci-
sion of the Management Board on the award of additional incremental points following every two years
of service.

Article 9

1.
The initial salary scale and the incremental point at which staff working for the Management
Board Secretariat shall be engaged shall be determined by the Chairman of the Management Board on a
proposal from the Selection Board.

2.
In the case of staff working for the Management Board Secretariat, on the basis of advice from the
Secretary of the Management Board, all the periodical reports provided for in Chapter 3 of the Staff
Regulations shall be made by the Chairman of the Management Board, who shall also decide on the
award of additional incremental points following every two years of service.

CHAPTER 4

TERMINATION OF SERVICE

Article 10

The service of the Secretary of the Management Board shall be terminated in accordance with Chapter
10 of the Staff Regulations, subject to the following special provisions:

(a) any decision to terminate the service of the Secretary of the Management Board shall be taken by

the Management Board;

(b) a decision to terminate the service of the Secretary of the Management Board on disciplinary
grounds shall take into account the special provisions on disciplinary proceedings set out in
Chapter 5 of this Appendix.

Article 11

The service of staff working for the Management Board Secretariat shall be terminated in accordance
with Chapter 10 of the Staff Regulations, subject to the following special provisions:

(a) any decision to terminate the service of staff working for the Management Board Secretariat shall be

taken by the Chairman of the Management Board;

(b) a decision to terminate the service of staff working for the Management Board Secretariat on disci-
plinary grounds shall take into account the special provisions on disciplinary proceedings set out in
Chapter 5 of this Appendix.

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CHAPTER 5

DISCIPLINARY PROCEEDINGS

Article 12

Disciplinary proceedings against the Secretary of the Management Board shall be carried out in accord-
ance with Chapter 8 and Appendix 7 of the Staff Regulations, subject to the following special provi-
sions:

(a) a Disciplinary Board shall be set up by the Management Board, which shall consist of the Chairman
of the Management Board, who shall serve as the Chairman of the Disciplinary Board, and of repre-
sentatives of three Member States determined by the drawing of lots by the Management Board; the
representatives shall be of a higher or comparable rank or level of seniority to the Secretary of the
Management Board; they shall not at the same time be members of the Management Board;

(b) a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacan-

cies arise for other reasons, they shall be filled by the drawing of lots;

(c) the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs

Unit if that is desired;

(d) the Management Board shall have the right to issue a written warning or a reprimand by majority
decision without consulting the Disciplinary Board, on a proposal from the Chairman of the
Management Board or one of its other members; the Secretary of the Management Board shall be
informed thereof in writing, and shall be heard before any such action is taken;

(e) other disciplinary measures shall be ordered by the Management Board by majority decision once
the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations
has been completed; that procedure shall be initiated by the Chairman of the Management Board,
once he has heard the Secretary of the Management Board;

(f) the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide
on a request for the removal of all references to disciplinary measures from the personal file
provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the
Management Board, who shall consult the members of the Management Board;

(g) a report shall be submitted to the Disciplinary Board by the Management Board, stating clearly the

facts complained of and, where appropriate, the circumstances in which they arose;

(h) at the first meeting of the Disciplinary Board, the members shall appoint one of their number to

prepare a general report on the matter;

(i) the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be
sent to the Secretary of the Management Board and to the Management Board, which shall take its
decision by majority within one month of receiving the opinion, after hearing the Secretary of the
Management Board;

(j) where there are new facts which are supported by relevant evidence, the disciplinary procedure
may be reopened by the Management Board on its own initiative or at the request of the Secretary
of the Management Board.

Article 13

Disciplinary proceedings against staff working for the Management Board Secretariat shall be carried
out in accordance with Chapter 8 and Appendix 7 of the Staff Regulations, subject to the following
special provisions:

(a) a Disciplinary Board shall be set up by the Management Board, which shall consist of three repre-
sentatives of Member States determined by the drawing of lots by the Management Board; the repre-
sentatives shall be of a higher or comparable rank or level of seniority to the member of staff
working for the Management Board; they shall not at the same time be members of the Manage-
ment Board; they shall agree that one of their number shall act as Chairman of the Disciplinary
Board;

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(b) a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacan-

cies arise for other reasons, they shall be filled by the drawing of lots;

(c) the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs

Unit if that is desired;

(d) the Chairman of the Management Board shall have the right to issue a written warning or a repri-
mand without consulting the Disciplinary Board, on his own initiative or on a proposal from one
of the members of the Management Board; the member of staff working for the Management Board
Secretariat shall be informed thereof in writing, and shall be heard before any such action is taken;

(e) other disciplinary measures shall be ordered by the Chairman of the Management Board once the
disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations
has been completed; that procedure shall be initiated by the Chairman of the Management Board,
once he has heard the member of staff working for the Management Board Secretariat;

(f) the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide
on a request for the removal of all references to disciplinary measures from the personal file
provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the
Management Board;

(g) a report shall be submitted to the Disciplinary Board by the Chairman of the Management Board,
stating clearly the facts complained of and, where appropriate, the circumstances in which they
arose;

(h) at the first meeting of the Disciplinary Board, the members shall appoint one of their number to

prepare a general report on the matter;

(i) the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be
sent to the member of staff working for the Management Board Secretariat and to the Chairman of
the Management Board, who shall take his decision within one month of receiving the opinion,
after hearing the official concerned;

(j) where there are new facts which are supported by relevant evidence, the disciplinary procedure
may be reopened by the Chairman of the Management Board on his own initiative or at the request
of the official concerned.

CHAPTER 6

APPEALS

Article 14

1.
Complaints by the Secretary of the Management Board or a member of staff working for the
Management Board Secretariat pursuant to Article 92(2) of the Staff Regulations shall be submitted to,
and dealt with by, the authority which took the definitive decision in the matter.

2.
Appeals by the Secretary of the Management Board or a member of staff working for the Manage-
ment Board Secretariat pursuant to Article 93 of the Staff Regulations shall lie only if the authority
which took the definitive decision in the matter previously had a complaint submitted to it pursuant to
paragraph 1 and that complaint was rejected by 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 laid down in
Article 93(4) of the Staff Regulations.

CHAPTER 7

TRANSITIONAL PROVISIONS

Article 15

When decisions of the Management Board or contractual arrangements of a person occupying the post
of Secretary of the Management Board or of a member of staff working for the Management Board
Secretariat were made before the entry into force of this Appendix, such decisions or contractual
arrangements shall continue to apply.’.

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Article 2

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

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

Article 3

Done at Brussels,

For the Council

The President