1. Apart from cessation on death, the service of the Director or a Deputy Director shall cease, in accordance with Article 47(a) of the Conditions of employment, at the end of the month in which the person concerned reaches the age of 65 years.
2. The termination of service of the Director or a Deputy Director shall be decided upon by the Council, acting by qualified majority after obtaining the opinion of the Management Board, in accordance with Articles 15 and 17 of these Rules.
3. The opinion of the Management Board on the termination of service of a Deputy Director shall be drawn up after having consulted the Director.
1. A Director or Deputy Director who wishes to resign before the end of his term of office shall state unequivocally in writing his intention to leave the service of Europol, proposing the date on which his resignation should take effect in accordance with Article 47(b)(ii) of the Conditions of employment.
2. The letter of resignation shall be addressed to the President of the Council, with a copy to the Chairperson of the Management Board and to the Director in the case of a resignation of a Deputy Director.
1. Upon request of the Management Board, the service of the Director or a Deputy Director may be terminated by the Council pursuant to Article 47(b) of the Conditions of employment subject to observing the period of notice and other conditions referred to in subpoint (ii) or in subpoint (iii) of the said Article.
2. The service of the Director or a Deputy Director may be terminated without notice by the Council upon request of the Management Board, where the conditions referred to in Article 48(a) or (b) of the Conditions of employment are met.
3. The service of the Director or a Deputy Director shall be terminated without notice by the Council where the conditions referred to in Article 50 of the Conditions of employment are met. In such cases the Council shall, after hearing the person concerned, and after the disciplinary procedure referred to in Article 16(2) of these Rules has been followed, declare that his employment is terminated.
Before their employment is terminated, the Director or the Deputy Director concerned may be suspended, the former by the Management Board and the latter by the Director, in accordance with Article 50(2) of the Conditions of employment and Articles 23 and 24 of Annex IX to the Staff Regulations.
1. Any intentional or negligent failure by the Director or a Deputy Director to comply with his obligations under the Europol Decision or the Conditions of employment shall render him liable to disciplinary action in accordance with Article 50a of the Conditions of employment, Title VI of the Staff Regulations and where applicable Annex IX to the Staff Regulations.
Such a failure shall, inter alia , include the proven deliberate furnishing of false information as to either his professional ability or the requirements of Article 12(2) of the Conditions of employment, where the false information furnished was a determining factor in his being engaged.
2. Disciplinary proceedings shall be initiated and take place in accordance with Annex IX to the Staff Regulations.
1. After the disciplinary procedure provided for in Annex IX to the Staff Regulations has been followed, the service of the Director or of a Deputy Director may be terminated by the Council without notice on disciplinary grounds, in accordance with Article 49 of the Conditions of employment, in serious cases of intentional or negligent failure of the Director or a Deputy Director to comply with his obligations.
Before their employment is terminated, the Director or the Deputy Director concerned may be suspended, the former by the Management Board and the latter by the Director, in accordance with Article 50(2) of the Conditions of employment and Articles 23 and 24 of Annex IX to the Staff Regulations.
2. Upon receipt of the report from the Disciplinary Board referred to in Article 18 of Annex IX to the Staff Regulations, the Management Board shall decide whether an opinion is to be submitted to the Council with a view to terminate the service of the Director in accordance with Article 38(7) of the Europol Decision. In such cases, the Management Board shall deliver, within one month of the date of receipt of the report of the Disciplinary Board, a duly reasoned opinion as regards the penalty to which the facts complained of should give rise to or any other measure that should be taken by the Council in accordance with these Rules. Before drawing up its opinion the Management Board shall give the Director the opportunity to be heard. The Chairperson of the Management Board shall forward the opinion of the Management Board to the Council as envisaged by Article 38(7) of the Europol Decision, and a copy thereof to the Director charged.
Should the Management Board decide that no opinion is to be submitted to the Council in accordance with Article 38(7) of the Europol Decision, it shall have the right to impose one of the penalties foreseen in Article 9(1) of Annex IX to the Staff Regulations other than the removal of the Director from his post. After hearing the Director, the Management Board shall take its decision as provided for in Articles 9 and 10 of Annex IX to the Staff Regulations, within two months of the date of receipt of the opinion of the Disciplinary Board. Reasons must be given for the decision.
3. Upon receipt of the report from the Disciplinary Board referred to in Article 18 of Annex IX to the Staff Regulations, the Director shall, without undue delay, submit to the Management Board a duly reasoned draft opinion as regards the penalty to which the facts complained of should give rise to or any other measure that should be taken by the Council in respect of a Deputy Director in accordance with these Rules.
The Management Board shall decide whether an opinion is to be submitted to the Council with a view to terminate the service of the Deputy Director concerned in accordance with Article 38(7) of the Europol Decision. Before drawing up its opinion the Management Board shall give the Deputy Director concerned the opportunity to be heard. The opinion of the Management Board shall be delivered within one month of the date of receipt by the Director of the report of the Disciplinary Board. The Chairperson of the Management Board shall forward the opinion of the Management Board to the Council as envisaged by Article 38(7) of the Europol Decision, and a copy thereof to the Deputy Director charged.
Should the Management Board decide that no opinion is to be submitted to the Council in accordance with Article 38(7) of the Europol Decision, the Director shall have the right to impose one of the penalties foreseen in Article 9(1) of Annex IX to the Staff Regulations other than the removal of the Deputy Director concerned from his post. After hearing the Deputy Director concerned, the Director shall take his decision as provided for in Articles 9 and 10 of Annex IX to the Staff Regulations, within two months of the date of receipt of the opinion of the Disciplinary Board. Reasons must be given for the decision.
4. Upon receipt of an opinion of the Management Board, as referred to in paragraphs 2 or 3 of this Article, the Council shall, after having heard the Director or Deputy Director concerned, decide whether to remove the Director or a Deputy Director from his post in accordance with Article 9(1)(h) of Annex IX to the Staff Regulations or otherwise terminate his service at Europol.
Should the Council decide to remove the Director or a Deputy Director from his post or otherwise terminate his service, it shall indicate in its decision the precise nature of the measure as well as the date from which the measure is to be applied. The decision shall be duly reasoned and shall be notified to the person concerned and to Europol.
A decision of the Council to remove the Director or a Deputy Director from his post pursuant to Article 9 of Annex IX to the Staff Regulations shall be taken within two months of the date of receipt of the opinion of the Disciplinary Board referred to in Article 18 of Annex IX to the Staff Regulations.
5. Should the Council decide not to remove the Director or Deputy Director concerned from his post in accordance with Article 9(1)(h) of Annex IX to the Staff Regulations or otherwise terminate his service at Europol, the matter shall be referred back to the Management Board in the case of the Director or to the Management Board and to the Director in the case of a Deputy Director.
If the case of the Director is referred back to the Management Board, it shall have the right to impose one of the penalties foreseen in Article 9(1) of Annex IX to the Staff Regulations other than the removal of the Director from his post. After hearing the Director, the Management Board shall take its decision without undue delay. Reasons must be given for the decision.
If the case of a Deputy Director is referred back to the Management Board and to the Director, the latter shall have the right to impose one of the penalties foreseen in Article 9(1) of Annex IX to the Staff Regulations other than the removal of the Deputy Director from his post. After hearing the Deputy Director concerned, the Director shall take his decision without undue delay. Reasons must be given for the decision.
