Financial Regulation applicable to Europol TITLE III — ESTABLISHMENT AND STRUCTURE OF THE BUDGET

Article 27–Article 32 · 6 articles

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CHAPTER 1 — Establishment of the budget

Article 27

1. The budget shall be established in accordance with the Europol Decision. 2. In accordance with the Europol Decision, Europol shall send the Commission a provisional draft estimate of its revenue and expenditure and the general guidelines underlying that estimate by 10 February each year and the final draft estimate by 31 March each year at the latest. 3. The estimate of revenue and expenditure of Europol shall include: (a) an establishment plan setting the number of permanent and temporary posts authorised within the limits of the budget appropriations, by grade and by category; (b) where there is a change in the number of persons in post, a statement justifying the request for new posts; (c) a quarterly estimate of cash payments and receipts. (d) information on the achievement of all previously set objectives for the various activities as well as new objectives measured by indicators. Evaluation results shall be consulted and referred to as evidence of the likely merits of an increase or decrease of Europol’s proposed budget in comparison with its budget for year n . 4. Europol shall send to the Commission and the budgetary authority by 31 March each year at the latest the following: (a) its draft work programme; (b) its updated multi-annual staff policy plan, established in line with the guidelines set by the Commission; (c) information on the number of officials, temporary and contract staff as defined in the Staff Regulations and the Conditions of Employment of Other Servants (hereinafter ‘the European Staff Regulations’) for the year n-1 and n as well as an estimate for the year n+1 ; (d) information on contributions in kind granted by the host Member State to Europol unless such disclosure would result in the release of ‘Europol operational, strategic and/or classified information’; (e) an estimate of the balance of the outturn account within the meaning of Article 81 for the year n-1 . 5. As part of the procedure for adopting the general budget, the Commission shall send Europol's statement of estimates to the budgetary authority and propose the amount of the subsidy for Europol and the number of staff it considers that Europol needs. The Commission shall provide the establishment plan of Europol and for an estimate of the number of contract staff expressed in full-time equivalents for which appropriations are proposed. 6. The budgetary authority shall adopt the establishment plan of Europol and any subsequent amendment thereto in accordance with Article 32(1). The establishment plan shall be published in an annex to Section III- Commission – of the general budget. 7. The budget and the establishment plan shall be adopted by the Management Board. They become definitive after final adoption of the general budget setting the amount of the subsidy and the establishment plan and if necessary the budget and the establishment plan shall be adjusted accordingly.

Article 28

Any amendment to the budget, including the establishment plan, shall be the subject of an amending budget adopted by the same procedure as the initial budget, in accordance with the provisions of the Europol Decision and Article 27.

CHAPTER 2 — Structure and presentation of the budget

Article 29

The budget shall comprise a statement of revenue and a statement of expenditure.

Article 30

In so far as it is justified by the nature of Europol’s activities, the statement of expenditure must be set out on the basis of a nomenclature with a classification by purpose. This nomenclature shall be determined by Europol and shall make a clear distinction between administrative appropriations and operating appropriations.

Article 31

The budget shall show: 1. in the statement of revenue: (a) the estimated revenue of Europol for the financial year in question; (b) the estimated revenue for the preceding financial year and the revenue for year n-2; (c) appropriate remarks on each revenue line; 2. in the statement of expenditure: (a) the commitment and payment appropriations for the financial year in question; (b) the commitment and payment appropriations for the preceding financial year, and the expenditure committed and the expenditure paid in year n-2 ; (c) a summary statement of the schedule of payments due in subsequent financial years to meet budget commitments entered into in earlier years; (d) appropriate remarks on each subdivision.

Article 32

1. The establishment plan referred to in Article 27 shall show, next to the number of posts authorised for the financial year, the number authorised for the preceding year and the number of posts actually filled. It shall constitute an absolute limit for Europol; no appointment may be made in excess of the limit set. However, save in the case of grades AD16, AD15, AD14 and AD13, the Management Board may modify the establishment plan by up to 10 % of posts authorised, subject to two conditions: (a) that the volume of staff appropriations corresponding to a full financial year is not affected; (b) that the limit of the total number of posts authorised by the establishment plan is not exceeded. 2. By way of derogation from the second subparagraph of paragraph 1, the effects of part-time work authorised by the appointing authority in accordance with the Staff Regulations may be offset by other appointments. Where a staff member requests the withdrawal of the authorisation before expiry of the granted period, Europol shall take appropriate measures to respect the limit referred to in point (b) of paragraph 1 as soon as possible.

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