Council Decision of 4 December 2006 amending Europol's Staff Regulations
Date: 2006-12-04
Institutions: Council of the European Union
Subjects: Europol, personnel administration, staff regulations (EU)

19.12.2006

EN

Official Journal of the European Union

C 311/1

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

COUNCIL DECISION

of 4 December 2006

amending Europol's Staff Regulations

(2006/C 311/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Convention on the establishment of a
European Police Office (‘Europol Convention’) (1), and in par-
ticular Article 30(3) thereof,

Having regard to the initiative by the Republic of Austria (2),

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

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 (4)
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.

(hereinafter

It is furthermore desirable to amend the Staff Regulations
in order to regulate the employment relationships 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
staff
the Management Board of Europol and of
of
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 DECIDED AS FOLLOWS:

Article 1

The Staff Regulations are hereby amended as follows:

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

‘3.
The Staff Regulations shall also apply to the Financial
Controller and Assistant Financial Controller(s) of Europol

(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 71, 23.3.2006, p. 16.
(3) Opinion delivered on 12 October 2006 (not yet published in the Offi-

cial Journal).

(4) OJ C 26, 30.1.1999, p. 23. Act as last amended by Decision 2006/519/

EC (OJ L 203, 26.7.2006, p. 10).

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 provi-
sions concerning the Financial Controller,
the Assistant
Financial Controller(s) and staff working for the Financial
Controller's Office.

4.
The Staff Regulations shall also apply to the Secretary
of the Management Board of Europol and 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.’;

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 competent 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 consis-
tently 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.’;

C 311/2

EN

Official Journal of the European Union

19.12.2006

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
accordance with Article 26;

the probationary period in

(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 accordance 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 Regulations, for all
vacant posts both internal and external applications shall be
considered.’;

5) The following appendix 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.

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

in carrying out his duties,

the

In carrying out

the Assistant Financial
their duties,
4.
Controller(s) and any additional staff working for the Finan-
cial 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
1.
Staff Regulations provide for the exercise of authority or
control by the Director over members of Europol staff, any
such provision shall be read,
the Financial
Controller,
the Assistant Financial Controller(s) and addi-
tional staff working for the Financial Controller's Office, as
referring to the Chairman of the Management Board.

in respect of

Any decision taken in accordance with this Appendix
2.
the
by the Management Board or by the Chairman of
Management Board that requires legal implementation shall
be formalised by the Director, acting as the legal representa-
tive of Europol
the
Europol Convention.

in accordance with Article 29(5) of

CHAPTER 2

ELIGIBILITY AND SELECTION PROCEDURES

Article 3

In accordance with Article 35(7) of the Europol Convention
and Article 20 of
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.

the Europol Financial Regulation,

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 represen-
tatives 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;

3.
The Assistant Financial Controller(s) shall be respon-
sible for and shall perform the tasks assigned to them by the
Europol Convention and by the Europol Financial Regu-
lation, and all other tasks assigned to them by the Financial
Controller.

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

19.12.2006

EN

Official Journal of the European Union

C 311/3

(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;

by unanimous decision, in accordance with Article 35(7)
of
the
the Europol Convention and Article 20(1) of
Europol Financial Regulation;

(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 candi-
date by unanimous decision, in accordance with Article
35(7) of the Europol Convention.

(g) as regards other staff working for the Financial Control-
the Management Board

the Chairman of

ler's Office,
shall select the successful candidate.

CHAPTER 3

TERM OF OFFICE, CONDITIONS OF ENGAGEMENT AND
INCOMPATIBILITIES

Article 5

Article 6

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
the Assistant
of
in respect of
Financial Controller(s), with Article 35(7) of
the Europol
Convention, subject to the following special provisions:

the Staff Regulations and,

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

(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 Selec-
tion Board,
two representatives of Member States,
including the Presidency, 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 proce-
dure, nor shall he exercise any other influence on the
outcome of the selection procedure;

(b) for the recruitment of other staff working for the Finan-
cial Controller's Office, a Selection Board shall be set up
the
by the Financial Controller, who shall act as
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; 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
interview all pre-

the Selection Board, who shall

of
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
Management Board shall select the successful candidate(s)

the Assistant Financial Controller(s),

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 unani-
mous decision of the Management Board in accordance with
Article 6 of the Staff Regulations.

3.
The initial term of office of staff working for the Finan-
cial Controller shall be determined by the 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

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

2.
The post of Assistant Financial Controller(s) shall be
deemed to correspond to that of First Officer in accordance
with Article 45 and Appendix 1 of the Staff Regulations.

Article 8

1.
The initial salary scale and the incremental point at
which the Financial Controller and the Assistant Financial
Controller(s) shall be engaged shall be determined by unani-
mous decision of the Management 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 Manage-
ment Board, who shall be assisted to that end by his prede-
cessors as regards previous periods of service.

C 311/4

EN

Official Journal of the European Union

19.12.2006

In the case of the Assistant Financial Controller(s), all
3.
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

1.
The initial salary scale and the incremental point at
which staff working for the Financial Controller's Office shall
be engaged shall be determined by the Chairman of the
Management Board.

In the case of staff working for the Financial Control-
2.
ler'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 Regulations 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 deci-
sion;

(b) a decision to terminate the service of

the Financial
Controller or of the Assistant Financial Controller(s) on
disciplinary grounds shall take into account the special
provisions on disciplinary proceedings 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 provi-
sions:

(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 disciplinary grounds

shall take into account the special provisions on disci-
plinary proceedings
this
Appendix.

in Chapter 5 of

set out

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:

the Chairman of

(a) a Disciplinary Board shall be set up by the Management
Board, which shall consist of
the
Management Board, who shall serve as the Chairman of
the Disciplinary Board, and of representatives 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 vacancies 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 unanimous 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 Assis-
tant 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 Regulations 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;

19.12.2006

EN

Official Journal of the European Union

C 311/5

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

stating

clearly

the

(h) at

the first meeting of

the
members shall appoint one of their number to prepare a
general report on the matter;

the Disciplinary Board,

(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 Finan-
cial Controller or the Assistant Financial Controller(s);

evidence,

(j) where there are new facts which are supported by rele-
the disciplinary procedure may be
vant
reopened by the Management Board on its own initiative
or at the request of the Financial Controller or the Assis-
tant Financial Controller(s).

Article 14

Disciplinary proceedings against staff working for the Finan-
cial 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 representatives of
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
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 Disciplinary Board;

(b) a change of Presidency shall not affect the composition
of the Disciplinary Board; whenever vacancies 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 unanimous 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 disci-
plinary 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
members shall appoint one of their number to prepare a
general report on the matter;

the Disciplinary Board,

(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;

evidence,

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

the request of

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.

C 311/6

EN

Official Journal of the European Union

19.12.2006

Appeals by the Financial Controller, an Assistant Finan-
2.
cial Controller or a member of staff working for the Finan-
cial 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
implicit decision.
the person concerned may, after submitting a
However,
complaint pursuant
immediately file an
to paragraph 1,
appeal with the Court of Justice of the European Commu-
nities, under the conditions laid down in Article 93(4) of the
Staff Regulations.

rejected by express decision or

CHAPTER 8

SPECIAL PROVISIONS CONCERNING THE FINANCIAL
CONTROLLER AND TRANSITIONAL PROVISIONS

Article 17

Where the Financial Controller is unable to exercise his func-
tions for a period of more than one month, or the position
of Financial Controller
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.

is vacant, his duties

Article 18

the
When decisions concerning the Financial Controller,
Assistant Financial Controller(s) or staff working for the
Financial Controller's Office or contractual arrangements
concerning a person occupying 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 contractual
arrangements shall continue to apply.’;

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

‘APPENDIX 11

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

CHAPTER 1

mance. 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 provision 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
2.
by the Management Board or by the Chairman of
the
Management Board that requires legal implementation shall
be formalised by the Director, acting as the legal representa-
tive of Europol
the
Europol Convention.

in accordance with Article 29(5) of

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 Secre-
tariat shall not be restricted to staff engaged from the
competent authorities referred to in Article 2(4) of
the
Europol Convention.

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 represen-
tatives 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;

FUNCTION AND DUTIES

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

Article 1

1.
The Management Board shall be given the support of a
Secretary and of additional staff working for the Manage-
ment Board Secretariat so that it may carry out its duties.

In carrying out

2.
the
their duties,
Management Board and staff working for the Management
Board Secretariat shall be accountable solely to the Manage-
ment Board and shall be responsible to it for their perfor-

the Secretary of

Board;

(c) the Head of the Human Resources Unit shall act as the
secretary of the Selection Board and shall provide admin-
istrative support as required; he shall have no vote in the
selection procedure, nor shall he exercise any other influ-
ence 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;

19.12.2006

EN

Official Journal of the European Union

C 311/7

(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 candi-

date 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 Management 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
selection procedure, nor shall he exercise any other influ-
ence on the outcome of the selection procedure; further-
more the Presidency may, if it so wishes, assign a repre-
sentative 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
interview all pre-

the Selection Board, who shall

of
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

The contract may be renewed by the Management Board in
accordance with Article 6 of the Staff Regulations.

The initial

2.
term of office of staff working for the
Management Board Secretariat shall be determined 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 decision of the Chairman of the Management
Board in accordance with Article 6 of the Staff Regulations.

Article 7

The post of Secretary of the Management Board shall be
deemed to correspond to that of a Head of Unit in accord-
ance with Article 45 and Appendix 1 of the Staff Regula-
tions.

Article 8

The initial salary scale and the incremental point at
the Management Board shall be

1.
which the Secretary of
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 decision 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

TERM OF OFFICE AND CONDITIONS OF ENGAGEMENT

Article 10

Article 6

The initial

1.
the
Management Board shall be determined by the Management
Board in accordance with Article 6 of the Staff Regulations.

term of office of

the Secretary of

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 Manage-
ment Board;

C 311/8

EN

Official Journal of the European Union

19.12.2006

(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 disciplinary
grounds shall take into account the special provisions on
disciplinary proceedings set out in Chapter 5 of
this
Appendix.

CHAPTER 5

DISCIPLINARY PROCEEDINGS

Article 12

Disciplinary proceedings against the Secretary of the Manage-
ment Board shall be carried out in accordance with Chapter
8 and Appendix 7 of the Staff Regulations, subject to the
following special provisions:

the Chairman of

(a) a Disciplinary Board shall be set up by the Management
Board, which shall consist of
the
Management Board, who shall serve as the Chairman of
the Disciplinary Board, and of representatives 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 vacancies 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
the Management
its other members; the Secretary of
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 disci-

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

stating

clearly

the

(h) at

the first meeting of

the
members shall appoint one of their number to prepare a
general report on the matter;

the Disciplinary Board,

(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 Manage-
ment Board, which shall take its decision by majority
within one month of receiving the opinion, after hearing
the Secretary of the Management Board;

evidence,

(j) where there are new facts which are supported by rele-
vant
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
the
Management Board Secretariat shall be carried out in accord-
ance with Chapter 8 and Appendix 7 of the Staff Regula-
tions, subject to the following special provisions:

staff working for

(a) a Disciplinary Board shall be set up by the Management
Board, which shall consist of
three representatives of
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
member of staff working for the Management Board;
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 Disciplinary Board;

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

19.12.2006

EN

Official Journal of the European Union

C 311/9

(d) the Chairman of the Management Board shall have the
right to issue a written warning or a reprimand without
consulting the Disciplinary Board, on his own initiative
or on a proposal
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;

the members of

from one of

(e) other disciplinary measures shall be ordered by the
the Management Board once the disci-
Chairman of
plinary 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
the facts complained of and, where appropriate,
circumstances in which they arose;

(h) at

the first meeting of

the
members shall appoint one of their number to prepare a
general report on the matter;

the Disciplinary Board,

(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
the Management
Secretariat and to the Chairman of
Board, who shall take his decision within one month of
receiving
the official
concerned;

after hearing

the opinion,

evidence,

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

the request of

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 Management Board Secre-
tariat 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 contrac-
tual arrangements shall continue to apply.’.

Article 2

This Decision shall take effect on the day following its adoption.

Article 3

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

CHAPTER 6

APPEALS

Article 14

1.
Complaints by the Secretary of the Management Board
or a member of staff working for the Management Board

Done at Brussels, 4 December 2006.

For the Council

The President

L. LUHTANEN