Amendment of Europol's Staff Regulations - Main contents
19.12.2006 |
EN |
Official Journal of the European Union |
C 311/1 |
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 particular 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) |
It is desirable to amend the Staff Regulations applicable to Europol employees, as laid down in the Council Act of 3 December 1998 (4) (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. |
(2) |
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 of the Management Board of Europol and of staff working for the Management Board Secretariat. |
(3) |
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 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.
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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 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 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:
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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
Article 2
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:
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 Regulations and, in respect of the Assistant Financial Controller(s), with Article 35(7) of the Europol Convention, subject to the following special provisions:
CHAPTER 3 TERM OF OFFICE, CONDITIONS OF ENGAGEMENT AND INCOMPATIBILITIES Article 6
Article 7
Article 8
Article 9
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:
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:
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:
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:
CHAPTER 6 LIABILITY Article 15
CHAPTER 7 APPEALS Article 16
CHAPTER 8 SPECIAL PROVISIONS CONCERNING THE FINANCIAL CONTROLLER AND TRANSITIONAL PROVISIONS 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 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 Management Board and staff working for the Management Board Secretariat CHAPTER 1 FUNCTION AND DUTIES Article 1
Article 2
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. 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:
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:
CHAPTER 3 TERM OF OFFICE AND CONDITIONS OF ENGAGEMENT Article 6
Article 7 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 8
Article 9
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:
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:
CHAPTER 5 DISCIPLINARY PROCEEDINGS Article 12 Disciplinary proceedings against the Secretary of the Management Board shall be carried out in accordance with Chapter 8 and Appendix 7 of the Staff Regulations, subject to the following special provisions:
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:
CHAPTER 6 APPEALS Article 14
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.’. |
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.
Done at Brussels, 4 December 2006.
For the Council
The President
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L.LUHTANEN
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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).
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Opinion delivered on 12 October 2006 (not yet published in the Official Journal).
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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).
This summary has been adopted from EUR-Lex.