Explanatory Memorandum to JAI(2006)1 - Initiative by Austria with a view to the adoption of a Council Act amending Europol's staff regulations - Main contents
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dossier | JAI(2006)1 - Initiative by Austria with a view to the adoption of a Council Act amending Europol's staff regulations. |
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source | JAI(2006)1 |
date | 23-03-2006 |
23.3.2006 | EN | Official Journal of the European Union | C 71/16 |
Contents
- Initiative by the Republic of Austria with a view to the adoption of a Council Act amending Europol's staff regulations
- Article 1
- Article 5
- CHAPTER 3
- Article 7
- Article 8
- Article 9
- Article 10
- CHAPTER 4
- Article 12
- CHAPTER 5
- Article 14
- CHAPTER 6
- CHAPTER 7
- CHAPTER 8
- Article 18
- Article 5
- CHAPTER 3
- Article 7
- Article 8
- Article 9
- CHAPTER 4
- Article 11
- CHAPTER 5
- Article 13
- CHAPTER 6
- CHAPTER 7
- Article 2
- Article 3
- For the Council
Initiative by the Republic of Austria with a view to the adoption of a Council Act amending Europol's staff regulations
(2006/C 71/10)
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,
Having regard to the opinion of the European Parliament,
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 (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, |
(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 ADOPTED THIS ACT:
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. 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 i 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 i 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:
|
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.’; |
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 1. The Management Board shall be given the support of a Secretary and of additional staff working 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 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. 2. Any decision taken in accordance with this Appendix 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 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 i 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:
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:
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. 2. The initial 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. 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. 1. The initial salary scale and the incremental point at which the Secretary of the Management Board 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 decision of the Management Board on the award of additional incremental points following every two years of service. 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. 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:
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:
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:
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:
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 Management 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 i of the Staff Regulations. 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.’. |
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.
Done at Brussels,
The President
(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).