Proposal for a COUNCIL IMPLEMENTING DECISION on a mechanism for compensating the Member State whose national member is elected President of Eurojust
Date: 2019-10-14
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU Member State, Eurojust, appointment of members, president of an institution

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   EUROPEAN COMMISSION  Brussels, 14.10.2019  COM(2019) 471 final 2019/0224 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION on a mechanism for compensating the Member State whose national member is elected President of Eurojust  
 
 
EXPLANATORY MEMORANDUM 

Pursuant to Article 12 of Regulation (EU) 2018/1727 of the European Parliament and of the 
Council  of  14  November  2018  on  the  European  Union  Agency  for  Criminal  Justice 
Cooperation  (Eurojust),  and  replacing  and  repealing  Council  Decision  2002/187/JHA1 
(‘Eurojust Regulation’), the Council shall, acting on a proposal  by the Commission  and by 
means of implementing acts, determine a mechanism for compensation to be made available 
to a Member State whose national member is elected President of Eurojust by 12 December 
2019.  In  accordance  with  Article  11(7)  of  the  Eurojust  Regulation,  a  Member  State  may, 
when  its  national  member  is  elected  President,  second  another  suitably  qualified  person  to 
reinforce the national desk for the duration of the former’s mandate as President. 

1. 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  Eurojust  Regulation  was  adopted  on  14  November  2018.  In  accordance  with  Article 
12(1) and (2) thereof, the Commission should propose a mechanism for the determination of  
compensation,  which  is  to  be  made  available  to  a  Member  State,  if  the  national  member  of 
that Member State has been elected President of Eurojust. In accordance with the Regulation, 
the Member State  concerned has to  request  the  compensation from  the College of Eurojust, 
and provide justification for the need to reinforce its national desk on grounds of an increased 
workload. 

The aim of the compensation mechanism is to support the Member State concerned, when its 
national  member  is  elected  President  and  the  relevant  national  desk  needs  reinforcement  in 
order to fulfil its tasks.  

• 

Consistency with existing policy provisions in the policy area 

Article  85  on  the  Treaty  on  the  functioning  of  the  European  Union  (TFEU)  provides  for 
Eurojust to be governed by a regulation, adopted in accordance with the ordinary legislative 
procedure.  One  of  the  aims  of  the  Eurojust  Regulation  is  to  strengthen  the  operational 
functions of Eurojust by reducing the administrative workload of national members. The role 
of  the  President  will  involve  more  management  and  administrative  tasks,  thus  it  will  be 
challenging  for  him  or  her  to  focus  entirely  on  operational  issues.  For  this  reason,  the 
possibility  for  the  Member  State  concerned  was  introduced  to  second  another  suitably 
qualified  person  to  Eurojust,  for  whom  this  Member  State  should  be  compensated  in 
accordance with the relevant rules.  

With this proposal, the Commission implements its legal obligation under Article 12(1) of the 
Eurojust Regulation. The proposal is therefore consistent with the existing policy provisions 
in this area. 

• 

Consistency with other Union policies 

This  proposal  is  consistent  with  the  Union  policies  and  legislative  work  aiming  at 
implementing  an  area  of  freedom,  security  and  justice,  as  set  under  the  Title  V  of  TFEU, 
including the principle of mutual recognition. This principle is the core principle in the field 
of judicial cooperation in criminal matters. 

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OJ L 295, 21.11.2018, p. 138. 

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2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The proposal is based on Article 12 of the Eurojust Regulation. 

• 

Subsidiarity (for non-exclusive competence)  

In accordance with Article 12 of Eurojust Regulation, the Commission is legally required to 
submit  a  proposal  for  the  determination  of  the  compensation  mechanism.  This  proposal  is 
essential  to  ensure  that  the  Member  State,  whose  national  member  is  elected  President,  can 
request such compensation, in the cases determined by the Eurojust Regulation. 

• 

Proportionality 

This proposal is limited to what is necessary in order to attain the proposed objective, and is 
therefore  compliant  with  the  principle  of  proportionality.  This  proposal  is  directly  linked  to 
the implementation of the Eurojust Regulation.  

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

This  proposal  concerns  an  obligation  on  the  Commission  pursuant  to  Article  12  of  the 
Eurojust Regulation.  Given the substance matter, the Commission  did  not see a need for an 
ex-post evaluation, stakeholder consultation or impact assessment.  

4. 

BUDGETARY IMPLICATIONS 

In  accordance  with  Article  12(4)  of  the  Eurojust  Regulation,  the  costs  of  the  compensation 
mechanism shall be borne by Eurojust’s budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Given the nature of this measure, there is no need for implementation. 

• 

Detailed explanation of the specific provisions of the proposal 

Article 1 sets out the general  framework for the compensation  mechanism and concerns the 
application for compensation and the period within which this application can be transmitted 
to Eurojust. 

Article 2 provides further details on the decision making by the College. 

Article 3 refers to the calculation of the amount of compensation which can be reimbursed. 

Article 4 regulates the entry into force of the Council implementing decision. 

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2019/0224 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

on a mechanism for compensating the Member State whose national member is elected 
President of Eurojust 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having regard to Regulation (EU) 2018/1727 of the European Parliament and of the Council 
of  14  November  2018  on  the  European  Union  Agency  for  Criminal  Justice  Cooperation 
(Eurojust),  and  replacing  and  repealing  Council  Decision  2002/187/JHA2,  and  in  particular 
Article 12 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  national  member  elected  President  of  Eurojust  will  have  additional  functions  as 
President  in  accordance  with  Regulation  (EU)  2018/1727  and  Eurojust’s  rules  of 
procedure. 

Carrying out the functions of President will influence the workload of the deputy and 
Assistant from the Member State, whose national member was elected President, and 
the Member State concerned may choose to second another suitably qualified person 
to reinforce the national desk for the duration of the President’s term in office. 

Article  11(7)  of  Regulation  (EU)  2018/1727  provides  that  in  those  cases  where  an 
additional  person  is  seconded,  the  Member  State  concerned  is  entitled  to  apply  for 
compensation. 

A mechanism for compensation should ensure the equality of treatment regarding the 
actual reimbursement of living costs and other associated expenses between a national 
member  elected  President  and  an  additional  person  seconded  by  the  Member  State 
concerned, 

HAS ADOPTED THIS DECISION:  

Article 1 

1. 

A Member State, whose national member has been elected President of Eurojust and 
which has seconded another person to its national desk for this reason, entitled under 
Article  11(7)  of  Regulation  (EU)  2018/1727  to  apply  for  compensation  to  the 
College of Eurojust, shall include in its application the following information: 

(a) 

the decision of the Member State concerned on the secondment of that person; 

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OJ L 295, 21.11.2018, p. 138. 

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(b) 

justification  for  the  need  to  reinforce  its  national  desk  on  grounds  of  an 
increased workload; 

(c) 

details on the national monthly gross salary of the seconded person; 

(d)  details  on  any  living  costs  and  other  associated  expenses  provided  to  the 

seconded person under national law; 

(e) 

details on the account to which the compensation should be transferred. 

The  Member  State  concerned  shall  send  the  application  for  compensation  to  the 
College of Eurojust within 6 months of the secondment of the person. 

Article 2 

The College of Eurojust shall decide on granting the compensation within reasonable 
time.  

The Member State concerned is entitled to compensation for as long as its national 
member is President and for the duration of the secondment of the person concerned.  

Article 3 

In  accordance  with  Article  12(3)  of  Regulation  (EU)  2018/1727  Eurojust  shall 
reimburse the Member State concerned as follows: 

(a) 

(b) 

50 % of the national monthly gross salary of the seconded person; and 

living  costs  and  other  associated  expenses  which  are  actually  incurred  by  the 
Member State concerned with respect to the seconded person.  

The expenses referred to in point b) of paragraph 1, shall be reimbursed only if the 
seconded  person  is  entitled  under  national  law  to  any  type  of  allowances  or  of 
payments corresponding to expenses, which are comparable in  their nature to those 
provided  for  in  Annex  VII  to  the  Staff  Regulations  of  Officials  of  the  European 
Union  (‘Staff  Regulations’)3,  such  as:  family  allowances,  expatriation  allowance, 
reimbursement  of  expenses  linked  to  taking-up  duties,  including  installation 
allowance,  resettlement  allowance,  travel  expenses,  removal  expenses,  daily 
subsistence allowance.  

Eurojust  shall  reimburse  the  Member  State  concerned  according  to  the  conditions 
and  financial  limits  applicable  in  that  Member  State.  They  shall  in  any  case  not 
exceed the maximum amounts of the allowances or of the payments corresponding to 
expenses, provided for in Annex VII to the Staff Regulations. 

2. 

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2. 

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3. 

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Laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968 (OJ L 56, 
4.3.1968). 

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This Decision shall enter into force on the date of its adoption. 

Done at Brussels, 

Article 4 

For the Council 
The President 

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