Council Decision of 6 April 2009 establishing the European Police Office (Europol) (2009/371/JHA) (repealed)

Article 39 Staff

1. The Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the European Communities (hereinafter referred to as the Staff Regulations and the Conditions of employment respectively) laid down in Regulation (EEC, Euratom, ECSC) No 259/68 of the Council(1) and the rules adopted jointly by the institutions of the European Communities for the purpose of applying the Staff Regulations and the Conditions of employment shall apply to the Director, the Deputy Directors and to the Europol staff engaged after the date of application of this Decision.

2. For the purpose of implementing the Staff Regulations and the Conditions of employment, Europol shall be considered as an agency within the meaning of Article 1a(2) of the Staff Regulations.

3. The powers conferred on the appointing authority by the Staff Regulations and on the authority authorised to conclude contracts by the Conditions of employment shall be exercised by Europol in respect of its staff and of the Director in accordance with Articles 37(13) and 38(4)(c) of this Decision.

4. Europol staff shall consist of temporary staff and/or contract staff. The Management Board shall give its consent on a yearly basis in so far as the Director intends to grant contracts of indefinite duration. The Management Board shall decide which temporary posts provided for in the establishment plan can be filled only by staff engaged from the competent authorities of the Member States. Staff recruited to occupy such posts shall be temporary agents under Article 2(a) of the Conditions of employment and may be awarded only fixed-term contracts renewable once for a fixed period.

5. Member States may second national experts to Europol. The Management Board shall adopt the necessary implementing arrangements for that purpose.

6. Europol shall apply the principles of Regulation (EC) No 45/2001 to the processing of personal data relating to Europol staff.

(1)

OJ L 56, 4.3.1968, p. 1.