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Council Decision of 6 April 2009 establishing the European Police Office (Europol) (2009/371/JHA)

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Article 38U.K.+E.U.Director

1.Europol shall be headed by a Director appointed by the Council, acting by qualified majority, from a list of at least three candidates presented by the Management Board, for a four-year period. The Council, acting on a proposal from the Management Board, which shall have evaluated the Director’s performance, may extend the term of office of the Director once for not more than four years.

2.The Director shall be assisted by three Deputy Directors appointed for a four-year period extendable once in accordance with the procedure laid down in paragraph 1. Their tasks shall be defined in greater detail by the Director.

3.The Management Board shall establish rules concerning the selection of candidates for the position of Director or Deputy Director, including the extension of their terms of office. Such rules shall be approved by the Council, acting by qualified majority, before their entry into force.

4.The Director shall be responsible for:

(a)

performance of the tasks assigned to Europol;

(b)

day-to-day administration;

(c)

exercising, in respect of the staff and Deputy Directors without prejudice to paragraphs 2 and 7 of this Article, the powers laid down in Article 39(3);

(d)

preparing and implementing the Management Board’s decisions and responding to requests from the Management Board;

(e)

supporting the Chairperson of the Management Board in the preparation of the Management Board meetings;

(f)

drawing up the draft estimate of revenue and expenditure, including the draft establishment plan; and the preliminary work programme;

(g)

elaborating the report referred to in Article 37(10)(c);

(h)

implementing Europol’s budget;

(i)

informing the Management Board on a regular basis regarding the implementation of the priorities defined by the Council and Europol’s external relations;

(j)

establishing and implementing, in cooperation with the Management Board, an effective and efficient monitoring and evaluation procedure relating to Europol’s performance in terms of the achievement of its objectives. The Director shall report regularly to the Management Board on the results of that monitoring;

(k)

performance of all other tasks assigned to the Director in this Decision.

5.The Director shall be accountable to the Management Board in respect of the performance of his duties.

6.The Director shall be Europol’s legal representative.

7.The Director and the Deputy Directors may be dismissed by decision of the Council, acting by qualified majority after obtaining the opinion of the Management Board. The Management Board shall establish the rules to be applied in such cases. Such rules shall be approved by the Council, acting by qualified majority, before their entry into force.

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