Commission Decision (EU) 2021/1344 of 9 August 2021 establishing criteria to define the period of time for which persons posing a threat to security may be banned from the Commission’s premises
Subject matter and scope
1. This Decision sets out criteria to define the period of time for which persons posing a threat to security may be banned from the Commission’s premises pursuant to Article 12(1), point (b) of Decision (EU, Euratom) 2015/443.
2. This Decision shall apply to all Commission departments and in all Commission premises. Commission staff working in Union Delegations shall be subject to the security rules for the European External Action Service ( 4 ) .
3. This Decision shall not apply to suspension proceedings pursuant to Article 23 of Annex IX to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community ( 5 ) .
Scope of the ban
1. The ban referred to in Article 1(1) may apply to one, several or all Commission premises.
2. Where the Commission shares premises with other EU institutions, agencies and bodies, the Commission shall communicate the decision to ban access to Commission parts of the premises to the latter.
Period of ban
1. The period of the ban referred to in Article 1(1) shall be based on the estimated duration, likelihood and seriousness of the threat to security.
2. The criteria for assessing the seriousness of the threat to security shall include:
(a)
the degree of harm to which it could lead, as regards the life, bodily integrity, well-being or health of persons, and potential damage to assets and information;
(b)
whether the threat is linked to commitment of a criminal offence;
(c)
whether the threat is based on negligence, gross negligence or intent;
(d)
whether the behaviour of the person posing the threat is violent, aggressive or repetitive;
(e)
the extent of potential financial loss to the Commission;
(f)
the extent of potential reputational damage to the Commission.
3. Where the duration of the threat cannot be estimated with sufficient certainty and the threat is very serious, the person posing the threat may be banned until further notice. That applies, in particular, where the threat has one of the following characteristics:
(a)
it consists of involvement in terrorist or espionage activities and networks;
(b)
it could lead to loss of life, serious injury or harm, or significant damage to property, compromise sensitive or classified information, or disrupt the Commission’s IT systems or essential operational capacities;
(c)
it consists of violent, aggressive or repetitive behaviour, having the effect of seriously disrupting the functioning of Commission services.
Review of bans
The Commission shall review any decision taken pursuant to Article 12(1), point (b) of Decision (EU, Euratom) 2015/443 on request of the person concerned, provided the latter demonstrates new substantial elements that allow a re-examination of the ban. The Commission shall base its review on the criteria that led to the initial ban.
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
