Proposal for a Regulation of the European Parliament and of the Council establishing a European Union Agency for Law Enforcement Training (Cepol), repealing and replacing the Council Decision 2005/681/JHA (First reading) - Analysis of the final compromise text with a view to agreement - Hoofdinhoud

Council of the European Union

Brussels, 10 June 2015

PUBLIC

(OR. en)

9298/15

Interinstitutional File:

2014/0217 (COD) i LIMITE

ENFOPOL 115 CODEC 783

NOTE

From: Presidency

To: Permanent Representatives Committee

No. prev. doc.: 12013/1/14 REV 1

6558/15

Subject: Proposal for a Regulation of the European Parliament and of the Council establishing a European Union Agency for Law Enforcement Training

(Cepol), repealing and replacing the Council Decision 2005/681 i/JHA (First reading)

• - 

  Analysis of the final compromise text with a view to agreement

• I. 

  INTRODUCTION

• 1. 

  On 5 March 2015 COREPER gave the mandate to the Presidency to enter into negotiations

  with the European Parliament with a view to reach a first-reading agreement on the basis of

  the text set out in 6558/15 as regards the draft Regulation on CEPOL.

• 2. 

  The LIBE Committee voted on the amendments to the Commission proposal as well as on the

  mandate to open negotiations with the Council on 24 February 2015.

II. STATE OF PLAY

• 3. 

  Under the Latvian Presidency three informal trilogues (on 21 April, 5 May 2015, 2 June 2015)

  and three technical meetings (on 1 April, 24 April, 11 May 2015) were held with the EP. The

  preparation of these meetings was discussed by JHA Counsellors (on 4 and 22 May 2015).

• 4. 

  In the course of negotiations and in a spirit of compromise, the Presidency convinced the EP

  to accept the majority of the issues which are crucially important and sensitive for the

  Council, thus changing the initial EP position expressed in their report, including the

  following:

  • the deletion of the reference to the Law Enforcement Training Scheme (LETS) in the

  body of the Regulation and the deletion of the direct reference to the Commission

  Communication on LETS in the recital;

  • the composition of the Management Board, agreeing to the position of the Council that

  the Commission is represented by one representative in the Management Board;

  • the Chairmanship of the Management Board for 18 months by one of the trio members;

  • the EP agreed with the Council that the Scientific Committee would be established by

  the Management Board, if appropriate and taking into consideration business

  requirements and financial resources, and that the Management Board would define its

  composition, the term of office of its members and the frequency of its meetings;

  • the EP agreed with the Council on the main principles relating to the appointment of the

  Executive Director of the agency, in particular that he/she shall be appointed by the

  Management Board from a shortlist proposed by a selection committee set up by the

  Management Board, and that the proposal of the Commission would not be necessary

  for the extension of the term of the Executive Director and for his/her removal from

  office.

It should be stressed that in particular in relation to governance issues the EP has significantly

changed its initial position set out in its report, where the EP mostly supported the initial proposal of

the Commission.

• 5. 

  When discussing the possible compromise text concerning Article 39 (repeal/replace) and

  related provisions, it was also suggested that the three institutions make the following

  statement with a view to clarifying the legal situation of the three non-participating Member

  States:

  "Statement by the three institutions

  It is noted that as a consequence of the application of Protocol No 22 pursuant to which

  Denmark is not bound by the CEPOL Regulation which replaces the previous CEPOL

  Decision, as soon as the Regulation becomes applicable, Denmark will no longer be

  participating in CEPOL. The situation will be similar as concerns Ireland and the United

  Kingdom if, after the adoption of the CEPOL Regulation, they do not make use of the

  possibility to notify their wish to accept that Regulation, pursuant to Article 4 of Protocol

  No 21, as this would create a case of inoperability under Article 4a of that Protocol."

  This statement is also included in the Annex to Annex 1 to this note.

• 6. 

  During the last trilogue on 2 June 2015, the EP confirmed that it could accept most of the

  latest compromise proposals made by the Presidency, but also indicated that the EP could give

  its final agreement to the text only if the following further amendments were made:

  • recital (4b): ensure consistency of the wording in Articles 3(3) and 6(1) and recital (4b);

  • Article 14a: mention a date by which the Management Board would take a decision on

  establishing the Scientific Committee;

  • use the following wording is used in the second sentence of Article 22(2):

  "The selection committee shall draw this short-list from a list of suitable candidates

  identified by the Commission in accordance with the eligibility and selection criteria

  specified in a vacancy notice published in the Official Journal".

• 7. 

  Following further informal exchange with the EP and various options proposed by the

  Presidency, the Presidency managed to convince the EP to accept the following compromises

  (even though the EP initially had requested that "all" before "candidates" is deleted - see

  below):

  • in order to ensure the consistency of the text, to use the wording of Article 3(3) in

  recital (4b);

  • to leave to the Management Board a possibility to decide on the need of establishing the

  Scientific Committee, if appropriate and taking into consideration business

  requirements and financial resources and not indicate the setting up date in the text;

  • to draft the provisions regarding the appointment of the Executive Director (in

  particular in the second sentence of Article 22(2)) as follows:

  "The Executive Director shall be appointed by the Management Board, following an open and

  transparent selection procedure, from a shortlist of at least three candidates proposed by a

  selection committee set up by the Management Board and composed of members designated

  by Member States and the Commission.The selection committee shall draw this short-list from

  a list of all candidates whose profile matches the eligibility and selection criteria for this

  function laid down in a notice of vacancy published in the Official Journal of the European

  Union within an open and transparent competition organised by the Commission.“

• 8. 

  In the course of negotiations it was also taken into account that the governance structure

  proposed by the Council to some extent differs from the common approach of the EP, the

  Council and the Commission on decentralised agencies. It was therefore proposed by the EP

  and provisionally agreed by the Member States that when adopting the CEPOL Regulation

  both co-legislators could make the following statement:

  "Statement by the European Parliament and the Council on the provisions of Chapters III and

  V (governance)

  “The European Parliament and the Council declare that the governance structure and

  provisions put in place for this Agency are custom-made and case-specific. The relevant

  provisions of Chapters III and V of this Regulation should therefore be without prejudice to

  any future legislative acts in relation to other agencies in the field of justice and home

  affairs".

  This statement is also included in the Annex to Annex 1 to this note.

• 9. 

  As the result of the aforementioned negotiation process, the consolidated compromise is set

  out in Annex 1. The changes in the text of the draft Regulation compared to the Commission's

  proposal are marked in bold italics and the deletions are marked with ▌.

• 10. 

  For the convenience of delegations, the four-column table, containing the initial (1)

  Commission proposal, (2) amendments of the EP and (3) the position of the Council, is set out

  in Annex 2, where the compromise proposals are set out in the fourth column. The changes in

  the compromise text compared to the Commission's proposal are marked in bold italics and

  the deletions are marked with strikethrough, whereas changes compared to the previous text

  agreed by Coreper as set out in doc. 6558/15 are additionally marked in underlining.

III. CONCLUSION

The Permanent Representatives Committee is invited:

• taking into account the compromises reached with the EP, who accepted the majority of

the issues which are crucially important and sensitive for the Council thus changing the

initial EP position expressed in their report (especially on governance and the Scientific

Committee), to agree on the final compromise proposal like it stands in the consolidated

text set out in the Annex 1 to this note, including the statements set out in the Annex to

Annex 1; and

• mandate the Presidency to send a letter to the European Parliament stating that if the

Parliament were to adopt its position at first reading, in accordance with Article 294

paragraph 3 of the Treaty, in the form as set out in Annex 1 to this note, subject to the

revision of the text by the lawyer-linguists, the Council would, in accordance with

Article 294 paragraph 4 of the Treaty, approve the European Parliament's position and

the act shall be adopted in the wording which corresponds to the European Parliament's

position.

ANNEX 1

PE-CONS No/YY - 2014/0217(COD) i

REGULATION (EU) 2015/...

OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of

on the European Union agency for law enforcement training (Cepol), ▌replacing and

repealing the Council Decision 2005/681 i/JHA

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article

87(2)(b) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Acting in accordance with the ordinary legislative procedure,

Whereas:

• (1) 

  The European Police College was set up by Council Decision 2005/681 i/JHA 1 as an entity

  of the Union to train senior police officers of the Member States and facilitate cooperation

  between national police forces by organising and coordinating training activities with a

  European policing dimension.

• (2) 

  The 'Stockholm Programme - An open and secure Europe serving and protecting citizens’

  sets the aim of creating a genuine European law enforcement culture by setting up

  European training schemes and exchange programmes for all relevant law enforcement

  professionals at national and Union level.

1 Council Decision 2005/681 i/JHA of 20 September 2005 establishing the European Police

College (CEPOL) and repealing Decision 2000/820 i/JHA (OJ L 256, 1.10.2005, p. 63).

• (3) 

  In response to the European Council’s call, in the Stockholm Programme, to step up

  training on Union related issues and to make it systematically accessible for ▌law

  enforcement officials of all ranks, and to request from the European Parliament for a

  stronger Union framework for judicial and police training, CEPOL objectives should be

  structured in line with the following general principles, whilst putting particular

  emphasis on the protection of human rights and fundamental freedoms in the context of

  law enforcement: firstly, support Member States in providing training in order to

  improve basic knowledge of the EU dimension of law enforcement and, secondly,

  support Member States at their request in the development of bilateral and regional

  cooperation through law enforcement training as well as, thirdly, develop, implement

  and coordinate training in specific thematic areas and, fourthly, in relation to Union

  missions and capacity-building in third countries. The set of these general principles

  should be seen as the European Law Enforcement Training Scheme (LETS), aimed to

  ensure that Union level training for law enforcement officials is of high quality,

  coherent and consistent. These general principles reflect the four strands identified by

  the Commission on the basis of the mapping of training needs and delivery conducted by

  Cepol in cooperation with Member States.

(3a) CEPOL in its training activities should promote a common respect for and

understanding of fundamental rights in law enforcement such as privacy, data

protection and the rights, support and protection of victims, witnesses and suspects of

crime, including safeguarding the rights of victims of gender-based violence.

▌

(3b) Simplification and improvement of CEPOL's functioning, in light of the LETS, widens the

possibilities for CEPOL to support, develop, implement and coordinate training activities

for the ▌law enforcement authorities of the Member States, without prejudice to the

national initiatives taken by the Member States in the field of training for law enforcement

officials and where training can add value for Member States and the Union.

(4a) In order to make the most efficient use of its resources, CEPOL's activities should focus

on priorities and areas where training can add value for Member States and the Union

in line with current and future needs and business requirements.

• (6) 

  ▌CEPOL should ensure that training is evaluated and that conclusions from training needs

  assessments are part of planning to enhance effectiveness of future actions. CEPOL should

  be able to promote the mutual recognition of law enforcement training in Member States

  and the recognition by Member States of training provided at Union level.

• (7) 

  To avoid duplication or overlap and ensure better coordination in the training activities

  for the competent law enforcement officials, which are carried out by ▌Union Agencies

  and other relevant bodies, CEPOL should assess strategic training needs and address Union

  priorities in the area of internal security and its external aspects, in line with the relevant

  policy cycles.

(4b) CEPOL should bring together a network of training institutes of the Member States for

law enforcement officials and should liaise with a single National unit in each Member

State functioning within the network.

• (9) 

  The ▌Member States and the Commission should be represented within the Management

  Board of CEPOL in order to supervise effectively the exercise of its functions. The

  ▌members of the Management Board and their alternates should be appointed on the

  basis of their ▌knowledge in the national policy on training for law enforcement officials

  and relevant managerial, administrative and budgetary skills.

(9a) All parties represented in the Management Board should make efforts to limit the

turnover of their representatives, to ensure continuity of the Management Board’s work.

All parties should aim to achieve a balanced representation between men and women on

the Management Board.

(9b) The Management Board should be entrusted with the necessary powers, in particular to

establish the budget, verify its execution, adopt appropriate financial rules and CEPOL's

multiannual programming and annual work programmes, establish transparent working

procedures for decision making by CEPOL, appoint the Executive Director, establish

performance indicators and exercise appointing authority powers, in accordance with the

Staff Regulations and the Conditions of Employment of Other Servants.

• (10) 

  To ensure the efficient day-to-day functioning of CEPOL, the Executive Director should

  be its legal representative and manager, acting independently in the performance of his/her

  duties and ensuring that CEPOL carries out the tasks provided for by this Regulation. In

  particular, the Executive Director should be responsible for preparing budgetary and

  planning documents submitted for the decision of the Management Board, implementing

  the ▌multiannual programming and annual work programmes of CEPOL.

• (11) 

  If appropriate and taking into consideration business requirements and financial

  resources, the Management Board should decide on establishing a Scientific Committee

  for Training as an independent advisory body to ensure the scientific quality of CEPOL's

  work, ▌composed of independent persons who are high level academics and law

  enforcement practitioners in the subjects covered by this Regulation ▌. The Members of

  the Scientific Committee should be appointed by the Management Board following a

  transparent call for applications and selection procedure to be published in the Official

  Journal of the European Union.

• (12) 

  CEPOL should ensure that its training integrates relevant developments in research and

  encourage the creation of stronger partnerships between universities and law enforcement

  training institutes in the Member States or Union bodies competent in matters covered by

  this Regulation, in order to create synergies among them by means of strengthened

  cooperation.

• (13) 

  In order to guarantee the full autonomy and ▌independence of CEPOL and to enable it to

  properly perform the objectives and tasks assigned to it in this Regulation, it should be

  granted an adequate and autonomous budget with revenue stemming essentially from a

  contribution from the budget of the Union. The Union budgetary procedure should be

  applicable as far as the Union contribution and any other subsidies chargeable to the

  general budget of the European Union are concerned. The auditing of accounts should be

  undertaken by the Court of Auditors.

• (14) 

  For the purpose of performing its tasks, CEPOL should also be able to award grants to the

  training and research institutes of the Member States for implementing CEPOL's courses,

  seminars and conferences. Grants awarded to Member States should further contribute to

  fostering the cooperation of the training institutes of the Member States within the network

  and promoting the mutual recognition of law enforcement.

• (15) 

  For the purpose of fulfilling its mission and to the extent required for the performance of

  its tasks, CEPOL should be able to cooperate with ▌Union ▌bodies, ▌authorities and

  training institutes of third countries and the international organisations competent in

  matters covered by this Regulation in the framework of working arrangements concluded

  in accordance with this Regulation or in the framework of working arrangements

  concluded with national training institutes of third countries on the basis of Article 8 of the

  Council Decision 2005/681 i/JHA, as well as with private parties.

(15a) CEPOL had its seat in Bramshill, United Kingdom. In line with Regulation (EU) No

543/2014 2 amending Council Decision 2005/681 i/JHA, the seat of CEPOL was moved to

Budapest, Hungary, and the Commission was invited to submit a report on the

effectiveness of this Decision following a thorough cost-benefit analysis and impact

assessment.

2 Regulation (EU) No 543/2014 i of the European Parliament and of the Council of 15 May

2014 amending Council Decision 2005/681 i/JHA establishing the European Police College (CEPOL) (OJ L 163, 29.5.2014, p. 5).

(15b) CEPOL's host Member State should provide the necessary conditions for the smooth

operation of CEPOL, including multilingual, European-oriented schooling and

appropriate transport connections so as to attract high-quality human resources from as

wide a geographical area as possible.

(15c) Since the amendments to be made by this Regulation are of substantial number and

nature, Council Decision 2005/681 i/JHA, as amended by Regulation (EU) No 543/2014 i,

should in the interests of clarity be replaced in its entirety in relation to the Member

States bound by this Regulation. CEPOL as established by this Regulation should

replace and assume the functions of CEPOL as established by Council Decision

2005/681/JHA, which, as a consequence, should be repealed.

• (16) 

  Regulation (EC) No. 1049/2001 i of the European Parliament and of the Council 3 should

  apply to CEPOL.

3 Regulation (EC) No 1049/2001 i of the European Parliament and of the Council of 30 May

2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

• (17) 

  Since the objective of this Regulation, namely the establishment of an agency responsible

  for law enforcement training at Union level, cannot be sufficiently achieved by the

  Member States and can, therefore, by reason of the scale and effects of the action, be better

  achieved at Union level, the Union may adopt measures, in accordance with the principle

  of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with

  the principle of proportionality, as set out in that Article, this Regulation does not go

  beyond what is necessary to achieve that objective.

• (18) 

  This Regulation respects the fundamental rights and observes the principles recognised in

  particular by the Charter of Fundamental Rights of the European Union, in particular the

  right to the protection of personal data and the right to privacy as protected by Articles 8

  and 7 of the Charter, as well as by Article 16 of the Treaty.

• (19) 

  In accordance with Articles 1, 2 and 4a(1) of ▌Protocol (No 21) on the position of the

  United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice,

  annexed to the Treaty on European Union and the Treaty on the Functioning of the

  European Union, and without prejudice to Article 4 of that Protocol, those Member States

  are not taking part in the adoption of this Regulation and are not ▌bound by it or ▌subject

  to its application.

• (20) 

  In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark

  annexed to the Treaty on European Union and the Treaty on the Functioning of the

  European Union, Denmark is not taking part in the adoption of this Regulation and is not

  bound by it or subject to its application,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS, OBJECTIVES AND TASKS OF THE AGENCY

Article 1

Establishment of the European Union Agency for Law Enforcement Training

• 1. 

  A European Union Agency for Law Enforcement Training (CEPOL) is hereby established

  ▌.

• 2. 

  CEPOL, as established by this Regulation, shall replace and succeed CEPOL as established

  by Decision 2005/681 i/JHA.

  Article 2

  Definitions

For the purposes of this Regulation:

(a) ‘Law enforcement officials’ means staff of police, customs and of other relevant services,

as defined by individual Member States, responsible for:

(i) preventing and combating serious crime affecting two or more Member States,

terrorism and forms of crime that affect a common interest covered by a Union

policy; and

(ii) crisis management and public order, in particular international policing of major

events.

This definition also covers staff of Union bodies that have tasks related to points (i) and

(ii).

(b) ‘Union bodies’ means institutions, ▌bodies, missions, offices and agencies set up by, or on

the basis of, the Treaty on European Union and the Treaty on the Functioning of the

European Union;

(c) ‘International organisations’ means international organisations and their subordinate bodies

governed by public international law or other bodies which are set up by, or on the basis

of, an agreement between two or more countries as well as Interpol.

Article 3

Objectives of CEPOL

• 1. 

  CEPOL shall support, develop, implement and coordinate training for law enforcement

  officials whilst putting particular emphasis on the protection of human rights and

  fundamental freedoms in the context of law enforcement, in particular in the areas of the

  prevention of and fight against serious crime affecting two or more Member States and

  terrorism, maintaining public order, in particular international policing of major events,

  planning and command of Union missions, which may also include training on law

  enforcement leadership and language skills. More specifically, CEPOL shall:

  (a) support Member States in providing training in order to raise awareness and

  knowledge of:

  (i) implementation and use of international and Union instruments on law

  enforcement cooperation;

  (ii) Union bodies, in particular Europol, Eurojust and Frontex, their functioning

  and role; (iii) police and judicial aspects of law enforcement cooperation and practical

  knowledge about access to information exchange channels;

  (b) support Member States at their request in the development of regional and bilateral

  cooperation through law enforcement training between Member States, Union

  bodies and third countries;

  (c) develop, implement and coordinate training addressing specific criminal or policing

  thematic areas ▌;

  ▌

  (e) develop, implement and coordinate training aimed to support Member States and

  Union bodies in training law enforcement officials for participation in Union

  missions and law enforcement capacity-building activities in third countries;

  (f) train trainers and assist in improving and exchanging good learning practices.

• 2. 

  CEPOL shall develop and upgrade learning tools and methodologies and apply these in a

  lifelong learning perspective to strengthen the skills of law enforcement officials. CEPOL

  shall evaluate the results of these actions with a view to enhancing the quality, coherence

  and effectiveness of future actions at Union level.

• 3. 

  CEPOL shall bring together a network of training institutes of the Member States for law

  enforcement officials and shall liaise with a single National unit in each Member State

  functioning within the network ▌.

• 4. 

  The learning activities referred to in paragraph 1 shall be carried out by CEPOL in

  cooperation with the network of training institutes of the Member States in accordance

  with the financial rules applicable to CEPOL.

  Article 4

  Tasks

• 1. 

  CEPOL shall prepare multi-annual strategic training needs analyses and multi-annual

  learning programmes.

• 2. 

  CEPOL shall support, develop, implement and coordinate training activities and learning

  products, which ▌include:

  (a) courses, seminars, conferences, as well as web-based, e-learning and other

  innovative and advanced activities;

  (b) common curricula for law enforcement training on specific subjects with EU

  dimension;

  (c) training modules graduated according to progressive stages or levels of complexity

  of skills needed by the relevant target group, and focused either on a defined

  geographical region, a specific thematic area of criminal activity or on a specific set

  of professional skills; (d) exchange and secondment programmes as well as study visits in the context of law

  enforcement training ▌.

2a. CEPOL’s training activities and learning products may be supported, enhanced and

completed by the operation of an electronic network.

• 3. 

  CEPOL shall support Union missions and capacity-building in third countries by:

  (a) assessing, in coordination with other relevant Union bodies, the impact of existing

  Union-related law enforcement training policies and initiatives;

  (b) developing and providing training to prepare ▌law enforcement officials for

  participation in Union missions, including to enable them to acquire relevant

  language skills, in coordination with the European Security and Defence College and

  existing initiatives in the Member States; (c) developing and providing training for law enforcement officials from third countries,

  in particular from the countries that are candidates for accession to the Union and the

  countries under the European Neighbourhood Policy; and/or

  (d) managing dedicated Union External Assistance funds to assist third countries in

  building their capacity in relevant law enforcement policy areas, in line with the

  established priorities of the Union.

• 4. 

  CEPOL shall promote the mutual recognition of law enforcement training in Member

  States and the recognition by Member States of training provided at Union level with due

  regard to the principle of subsidiarity.

• 5. 

  CEPOL may engage in communication activities on its own initiative in the fields within its

  mandate. Communication activities shall not be detrimental to the tasks referred to in

  paragraph 1 and shall be carried out in accordance with relevant communication and

  dissemination plans adopted by the Management Board.

  Article 5

  Research relevant for training

• 1. 

  CEPOL shall contribute to and encourage the development of research relevant for

  training activities within the scope of CEPOL's objectives as set out in Article 3(1) and

  shall disseminate research findings. For this purpose, CEPOL may carry out relevant

  surveys and develop repositories of available research as well as law enforcement

  training needs.

• 2. 

  CEPOL shall promote and establish a partnership with Union bodies as well as with public

  and private academic institutions and may encourage the creation of stronger partnerships

  between universities and law enforcement training institutes in Member States.

  CHAPTER II

  COOPERATION BETWEEN MEMBER STATES AND CEPOL

  Article 6

  CEPOL National Units

• 1. 

  Each Member State shall establish or designate a national unit, which shall be the liaison

  body with CEPOL within its network of national training institutes for law enforcement

  officials in Member States responsible for carrying out the tasks set out in this Article. ▌

• 2. 

  The national units shall in particular:

  • a) 

    ▌supply CEPOL with the information necessary for it to carry out its tasks;

  • b) 

    contribute to CEPOL’s effective communication and cooperation with all relevant

    training institutes, including relevant research institutes within the Member States;

  • c) 

    contribute to and promote CEPOL’s work programmes, annual calendars and website;

    • d) 

      respond to requests for information and advice from CEPOL;

  • e) 

    organise and coordinate appropriate nominations of participants and experts for

    activities at the national level in a timely and transparent manner;

  • f) 

    coordinate the implementation of activities and meetings within their Member

    State;

  • g) 

    provide support in the establishment and implementation of exchange programme

    for law enforcement officials;

  • h) 

    promote the use of CEPOL’s electronic network for the training of law

    enforcement officials.

• 3. 

  The representatives of the national units shall meet on a regular basis, at the request of the

  Management Board, or the Executive Director or at their own initiative, with regard to

  CEPOL's operational and educational matters, and in particular to ▌consider and develop

  proposals that improve CEPOL's operational effectiveness and encourage commitment

  from Member States.

  ▌

• 4. 

  Each Member State shall determine the organisation and the staff of the national unit

  according to its national law and resources.

  CHAPTER III

  ORGANISATION OF CEPOL

  Article 7

  Administrative and management structure of CEPOL

  The administrative and management structure of CEPOL shall comprise:

(a) a Management Board ▌;

(b) an Executive Director ▌;

(c) if appropriate, a Scientific Committee for Training, established by the Management

Board in accordance with Article 14a;

(d) if appropriate, any other advisory body established by the Management Board in

accordance with Article 9(1)(p).

SECTION 1

MANAGEMENT BOARD

Article 8

Composition of the Management Board

• 1. 

  The Management Board shall be composed of one representative from each Member State

  and ▌the Commission, all with voting rights.

• 2. 

  Each member of the Management Board shall have an alternate member, who shall

  represent the member in his/her absence.

• 3. 

  Members of the Management Board and their alternates shall be appointed taking into

  account their knowledge in the field of training for law enforcement officials and relevant

  managerial, administrative and budgetary skills. The principle of a balanced representation

  between men and women on the Management Board shall also be taken into account.

• 4. 

  Without prejudice to the Member States’ and the Commission’s right to terminate the

  mandate of their members and alternate members, their term of office ▌ shall be four

  years. That term shall be extendable.

  Article 9

  Functions of the Management Board

• 1. 

  The Management Board shall:

  (a) adopt each year by a majority of two-thirds of its members ▌and in accordance with

  Article 10, a programming document containing CEPOL's multiannual programming

  and the annual work programme for the following year;

  (b) adopt, by a majority of two-thirds of its members ▌, the annual budget of CEPOL

  and exercise other functions in respect of CEPOL's budget pursuant to Chapter IV;

  (c) adopt a consolidated annual activity report on CEPOL's activities and ▌by 1 July of

  the following year send it to the European Parliament and national parliaments, the

  Council, the Commission and the Court of Auditors. The consolidated annual activity

  report shall be made public;

  (d) adopt the financial rules applicable to CEPOL in accordance with Article 20; (e) adopt an internal anti-fraud strategy, proportionate to fraud risks taking into account

  the costs and benefits of the measures to be implemented;

  (f) adopt internal rules for the prevention and management of conflicts of interest in

  respect of its members and the members of the selection committee, as well as the

  members of a Scientific Committee for Training;

  (g) adopt and regularly update the communication and dissemination plans referred to in

  Article 4, based on an analysis of needs;

  (h) adopt its rules of procedure;

  (i) in accordance with paragraph 2, exercise, with respect to the staff of CEPOL, the

  powers conferred by the Staff Regulations on the Appointing Authority and by the

  Conditions of Employment of Other Servants on the Authority Empowered to

  Conclude a Contract of Employment 4 ("the appointing authority powers");

  ▌

4 Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying

down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1) (j) adopt appropriate implementing rules giving effect to the Staff Regulations and the

Conditions of Employment of Other Servants in accordance with Article 110 of the

Staff Regulations;

(k) establish, where appropriate, an internal audit capability;

(ka) adopt internal rules regarding the selection procedure of the Executive Director,

including the rules on the composition of the selection committee guaranteeing its

independence and impartiality;

(l) appoint the Executive Director and where relevant extend his/her term of office or

remove him/her from office in accordance with Article 22;

(m) appoint an accounting officer, subject to the Staff Regulations and the Conditions of

Employment of other servants, who shall be functionally independent in the

performance of his/her duties;

(n) if appropriate and taking into consideration business requirements and financial

resources, decide on establishing a Scientific Committee for Training in

accordance with Article 14a and appoint its members in accordance with Article

15(2); (o) ensure adequate follow-up to findings and recommendations stemming from the

internal or external audit reports and evaluations, as well as from investigations of

the European Anti-fraud Office (OLAF);

(p) take all decisions, taking into consideration both business and financial requirements,

upon ▌the establishment of CEPOL's internal structures and, where necessary, their

modification;

(pa) decide upon the conclusion of working arrangements in accordance with

Article 33;

(pb) adopt common curricula, training modules, learning methods and any other

learning and teaching tools;

(q) adopt, where appropriate, other internal rules.

• 2. 

  The Management Board shall adopt, in accordance with Article 110 of the Staff

  Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of

  the Conditions of Employment of Other Servants, delegating relevant appointing authority

  powers to the Executive Director and defining the conditions under which such delegation

  of powers may be suspended. The Executive Director shall be authorised to sub-delegate

  those powers.

• 3. 

  Where exceptional circumstances so require, the Management Board may by way of a

  decision temporarily suspend the delegation of the appointing authority powers to the

  Executive Director and those sub-delegated by the latter and exercise them itself or

  delegate them to one of its members or to a staff member other than the Executive

  Director.

  Article 10

  Annual and multi-annual programming

• 1. 

  The Management Board shall adopt the programming document containing multiannual

  programming and the annual work programme at the latest by 30 November each year,

  based on a draft put forward by the Executive Director, taking into account the opinion of

  the Commission and in relation to the multiannual programming after consulting the

  European Parliament ▌. The Management Board shall forward the programming document

  to the European Parliament, the Council, the Commission and national Parliaments.

  The programming document shall become definitive after final adoption of the general

  budget and, if necessary, shall be adjusted accordingly.

• 2. 

  The multi-annual programming shall set out overall strategic programming including

  objectives, expected results and performance indicators. It shall also set out resource

  planning including multi-annual budget and staff. It shall include the strategy for relations

  with third countries and international organisations.

  The multi-annual programming shall be implemented through annual work programmes

  and shall, where appropriate, be updated following the outcome of external and internal

  evaluations referred to in Article 31. The conclusion of these evaluations shall also be

  reflected, where appropriate, in the annual work programme for the following year.

• 3. 

  The annual work programme shall comprise detailed objectives and expected results

  including performance indicators. It shall also contain a description of the actions to be

  financed and an indication of the financial and human resources allocated to each action, in

  accordance with the principles of activity-based budgeting and management. The annual

  work programme shall be coherent with the multi-annual programming referred to in

  paragraphs 1 and 2. It shall clearly indicate tasks that have been added, changed or deleted

  in comparison with the previous financial year. The annual work programme shall include

  the strategy for relations with third countries and international organisations referred to in

  Article 3 and the actions linked to that strategy.

• 4. 

  The Management Board shall amend the adopted annual work programme when a new

  task is given to CEPOL.

• 5. 

  Any substantial amendment to the annual work programme shall be adopted by the same

  procedure as the initial annual work programme. The Management Board may delegate the

  power to make non-substantial amendments to the annual work programme to the

  Executive Director.

  Article 11

  Chairperson of the Management Board

• 1. 

  The Management Board shall elect a Chairperson and a Deputy Chairperson from among

  its members within the group of three Member States who have jointly prepared the

  Council’s eighteen-month programme. They shall serve for the eighteen-month period

  corresponding to that Council programme. If, however, their membership of the

  Management Board ends at any time during their term of office, their term of office

  shall automatically expire on that date.

1a. The Chairperson and the Deputy Chairperson shall be elected by a majority of two thirds

of the members of the Management Board ▌.

1b. The Deputy Chairperson shall automatically replace the Chairperson if he/she is prevented

from attending to his/her duties.

▌

Article 12

Meetings of the Management Board

• 1. 

  The Chairperson shall convene the meetings of the Management Board.

• 2. 

  The Executive Director of CEPOL shall take part in the deliberations ▌.

• 3. 

  The Management Board shall hold two ordinary meetings a year. In addition, it shall meet

  on the initiative of its Chairperson or at the request of the Commission, or at the request of

  at least one-third of its members.

• 4. 

  The Management Board and the Executive Director may invite any person whose opinion

  may be relevant for the discussion to attend its meetings as a non-voting observer.

• 5. 

  The members or the alternate members of the Management Board may, subject to its

  Rules of Procedure, be assisted at the meetings by advisers or experts.

• 6. 

  CEPOL shall provide the secretariat for the Management Board.

  Article 13

  Voting rules of the Management Board

• 1. 

  Without prejudice to Articles 9 (1) (a) and (b), Article 11 (1), Article 14a, Article 22 (7)

  and Article 26 (2), the Management Board shall take decisions by majority of its members

  ▌.

• 2. 

  Each member ▌shall have one vote. In the absence of a voting member ▌, his/her alternate

  shall be entitled to exercise his/her right to vote.

▌

• 4. 

  The Executive Director shall not take part in the voting.

• 5. 

  The Management Board's rules of procedure shall establish more detailed voting

  arrangements, in particular the circumstances in which a member may act on behalf of

  another member.

  SECTION 2

  EXECUTIVE DIRECTOR

  Article 14

  Responsibilities of the Executive Director

• 1. 

  The Executive Director shall manage CEPOL. The Executive Director shall be accountable

  to the Management Board.

• 2. 

  Without prejudice to the powers of the Commission and the Management Board, the

  Executive Director shall be independent in the performance of the duties and shall neither

  seek nor take instructions from any government nor from any other body.

• 3. 

  The Executive Director shall report to the European Parliament on the performance of the

  duties when invited to do so. The Council may invite the Executive Director to report on

  the performance of his/her duties.

• 4. 

  The Executive Director shall be the legal representative of CEPOL.

• 5. 

  The Executive Director shall be responsible for the implementation of the tasks assigned to

  CEPOL by this Regulation, in particular ▌:

  (a) the day-to-day administration of CEPOL;

  (b) making proposals to the Management Board as regards the establishment of

  CEPOL’s internal structures and, where necessary, their modification;

  (c) implementing decisions adopted by the Management Board;

  (d) preparing the draft annual work programme and multi-annual programming and

  submitting them to the Management Board after consulting the Commission; (e) implementing the annual work programme and the multi-annual programming and

  reporting to the Management Board on their implementation;

  (f) preparing appropriate draft implementing rules for giving effect to the Staff

  Regulations and the Conditions of Employment of Other Servants in accordance with

  Article 110 of the Staff Regulations;

  (g) preparing the draft consolidated annual report on CEPOL's activities and presenting

  it to the Management Board for adoption;

  (h) preparing an action plan following-up conclusions of internal or external audit

  reports and evaluations, as well as investigations by OLAF and reporting on progress

  twice a year to the Commission and regularly to the Management Board; (i) protecting the financial interests of the Union by applying preventive measures

  against fraud, corruption and any other illegal activities, without prejudice to the

  investigative competence of OLAF, by effective checks and, if irregularities are

  detected, by recovering amounts wrongly paid and, where appropriate, by imposing

  effective, proportionate and dissuasive administrative and financial penalties;

  (j) preparing a draft internal anti-fraud strategy for CEPOL and presenting it to the

  Management Board for adoption;

  (k) preparing draft financial rules applicable to CEPOL;

  (l) preparing CEPOL's draft statement of estimates of revenue and expenditure and

  implementing its budget;

  (m) supporting the Chairperson of the Management Board in preparing Management

  Board meetings;

  (n) performing other tasks stemming from this Regulation.

  SECTION 3

  SCIENTIFIC COMMITTEE FOR TRAINING

  Article 14a

  Establishment

If appropriate and taking into consideration business requirements and financial resources, the

Management Board shall decide by a majority of two thirds of its members on establishing a

Scientific Committee for Training. The same procedure shall apply to revoke that Committee.

Article 15

General provisions, objective and tasks

• 1. 

  When established by the Management Board, the Scientific Committee for Training shall

  be an independent advisory body ensuring the scientific quality of CEPOL’s work on

  training. ▌

• 2. 

  The Scientific Committee for Training shall be composed of high level academics and law

  enforcement practitioners in the subjects covered by Article 4 of this Regulation. The

  Management Board shall appoint the members following a transparent call for applications

  and selection procedure to be published in the Official Journal of the European Union. The

  members of the Management Board shall not be members of the Scientific Committee for

  Training. The members of the Scientific Committee for Training shall be independent.

  They shall neither seek nor take instructions from any government, nor from any other

  body.

▌

• 8. 

  The Management Board shall entrust the Scientific Committee for Training with, inter

  alia, the following tasks:

  (a) to advise the Executive Director in drafting the multiannual programming and

  annual work programme and other strategic documents, to ensure their scientific

  quality and their coherence with relevant Union sector policies and priorities;

  (b) to provide independent opinion and advice to the Management Board on matters

  pertaining to its remit;

  (c) to provide independent opinion and advice on the quality of curricula, applied

  learning methods, learning options and scientific developments;

  (d) to perform any other advisory task pertaining to the scientific aspects of CEPOL’s

  work relating to training at the request of the Management Board or the Executive

  Director.

8a. When establishing the Scientific Committee for Training, the Management Board shall

define its composition, the term of office of its members, the frequency of its meetings

and its rules of procedure, including its voting rules.

▌

CHAPTER IV

FINANCIAL PROVISIONS

Article 16

Budget

• 1. 

  Estimates of all revenue and expenditure for CEPOL shall be prepared each financial year,

  corresponding to the calendar year, and shall be shown in CEPOL's budget.

• 2. 

  CEPOL's budget shall be balanced in terms of revenue and of expenditure.

• 3. 

  Without prejudice to other resources, CEPOL's revenue shall comprise a contribution from

  the Union entered in the general budget of the European Union.

• 4. 

  CEPOL may benefit from Union funding in the form of delegation agreements or ad-hoc ▌

  grants in accordance with its financial rules referred to in Article 20 and the provisions of

  the relevant instruments supporting the policies of the Union. Without prejudice to the

  principle of the prohibition of double financing laid down in the Financial Regulation,

  CEPOL may manage dedicated Union funds to perform specific activities within the

  scope of its objectives and tasks.

• 5. 

  The expenditure of CEPOL shall include staff remuneration, administrative and

  infrastructure expenses and operating costs.

• 6. 

  Budgetary commitments for actions relating to large scale projects extending over more

  than one financial year may be broken down over several years into annual instalments.

  Article 17

  Establishment of the budget

• 1. 

  Each year, the Executive Director shall draw up a draft statement of estimates of CEPOL's

  revenue and expenditure for the following financial year, including the establishment plan,

  and send it to the Management Board.

• 2. 

  The Management Board shall, on the basis of that draft, adopt a provisional draft estimate

  of CEPOL's revenue and expenditure for the following financial year.

• 3. 

  The provisional draft estimate of CEPOL's revenue and expenditure shall be sent to the

  Commission by 31 January each year. The Management Board shall send the final draft

  estimate to the Commission by 31 March.

• 4. 

  The Commission shall send the statement of estimates to the budgetary authority together

  with the draft general budget of the European Union.

• 5. 

  On the basis of the statement of estimates, the Commission shall enter in the draft general

  budget of the European Union the estimates it considers necessary for the establishment

  plan and the amount of the subsidy to be charged to the general budget, which it shall place

  before the budgetary authority in accordance with Articles 313 and 314 of the Treaty.

• 6. 

  The budgetary authority shall authorise the appropriations for the contribution from the

  European Union to CEPOL.

• 7. 

  The budgetary authority shall adopt CEPOL's establishment plan.

• 8. 

  CEPOL's budget shall be adopted by the Management Board. It shall become final

  following final adoption of the general budget of the European Union. Where necessary, it

  shall be adjusted accordingly.

• 9. 

  For any building project likely to have significant implications for CEPOL's budget, the

  provisions of Commission Delegated Regulation (EU) No 1271/2013 i 5 shall apply.

  Article 18

  Implementation of the budget

• 1. 

  The Executive Director shall implement CEPOL's budget.

• 2. 

  Each year the Executive Director shall send to the budgetary authority all information

  relevant to the findings of any evaluation procedures and also notify the Court of

  Auditors.

5 OJ L 328.7.12.2013, p. 42.

Article 19

Presentation of accounts and discharge

• 1. 

  By 1 March of the following financial year, CEPOL's accounting officer shall send the

  provisional accounts to the Commission's accounting officer and to the Court of Auditors.

• 2. 

  By 31 March of the following financial year, CEPOL shall send the report on the

  budgetary and financial management to the European Parliament, the Council and the

  Court of Auditors.

• 3. 

  By 31 March of the following financial year, the Commission's accounting officer shall

  send CEPOL's provisional accounts, consolidated with the Commission's accounts, to the

  Court of Auditors.

• 4. 

  On receipt of the Court of Auditors' observations on CEPOL's provisional accounts

  pursuant to Article 148 of Financial Regulation, CEPOL's accounting officer shall draw up

  CEPOL's final accounts. The Executive Director shall submit them to the Management

  Board for an opinion.

• 5. 

  The Management Board shall deliver an opinion on CEPOL's final accounts.

• 6. 

  CEPOL's accounting officer shall, by 1 July following each financial year, send the final

  accounts to the European Parliament, the Council, the Commission and the Court of

  Auditors, together with the Management Board's opinion.

• 7. 

  The final accounts shall be published in the Official Journal of the European Union by 15

  November of the following year.

• 8. 

  The Executive Director shall send to the Court of Auditors a reply to its observations by 30

  September of the following year at the latest. The Executive Director shall also send this

  reply to the Management Board.

• 9. 

  The Executive Director shall submit to the European Parliament, at the latter's request, any

  information required for the smooth application of the discharge procedure for the financial

  year in question, in accordance with Article 165(3) of the Financial Regulation.

• 10. 

  On a recommendation from the Council acting by a qualified majority, the European

  Parliament shall, before 15 May of year N + 2, give a discharge to the Executive Director

  in respect of the implementation of the budget for year N.

  Article 20

  Financial rules

• 1. 

  The financial rules applicable to CEPOL shall be adopted by the Management Board after

  consulting the Commission. They shall not depart from Commission Delegated Regulation

  (EU) 1271/2013 unless such a departure is specifically required for CEPOL's operation and

  the Commission has given its prior consent.

• 2. 

  In justified cases and with a prior approval of the Management Board, CEPOL may

  award grants without an open call for proposals to the Member States for providing

  training in relation to the tasks referred to in Article 4, Paragraphs 2 and 3.

  CHAPTER V

  STAFF

  Article 21

  General provision

▌The Staff Regulations and the Conditions of Employment of Other Servants 6 and the rules

adopted by agreement between the institutions of the Union for giving effect to those Staff

Regulations and the Conditions of Employment of Other Servants shall apply to the staff of

CEPOL.

Article 22

Executive Director

• 1. 

  The Executive Director shall be engaged as a temporary agent of CEPOL under Article

  2(a) of the Conditions of Employment of Other servants.

• 2. 

  The Executive Director shall be appointed by the Management Board, following an open

  and transparent selection procedure, from a shortlist of at least three candidates proposed

  by a selection committee set up by the Management Board and composed of members

  designated by Member States and the Commission.

  The selection committee shall draw this shortlist from a list of all candidates whose

  profile matches the eligibility and selection criteria for this function laid down in a

  notice of vacancy published in the Official Journal of the European Union within an

  open and transparent competition organised by the Commission.

6 OJ L 287, 29/10/2013, p. 15.

For the purpose of concluding the contract with the Executive Director, CEPOL shall be

represented by the Chairperson of the Management Board.

• 3. 

  The term of office of the Executive Director shall be four years. By the end of that period,

  the Commission in association with the Management Board shall undertake an

  assessment that takes into account an evaluation of the Executive Director's performance

  and CEPOL's future tasks and challenges.

• 4. 

  The Management Board, taking into account the assessment referred to in paragraph 3,

  may extend the term of office of the Executive Director once, for no more than four years.

• 5. 

  An Executive Director whose term of office has been extended may not participate in

  another selection procedure for the same post at the end of the overall period.

• 6. 

  The Executive Director may be removed from office ▌upon a decision of the Management

  Board ▌.

• 7. 

  The Management Board shall reach decisions on appointment, extension of the term of

  office or removal from office of the Executive Director by a majority of ▌two-thirds ▌of

  its members ▌.

  Article 23

  Seconded national experts

• 1. 

  CEPOL may make use of seconded national experts.

• 2. 

  The Management Board shall adopt a decision laying down rules on the secondment of

  national experts to CEPOL.

  CHAPTER VI

  MISCELLANEOUS PROVISIONS

  Article 24

  Legal status

• 1. 

  CEPOL shall be an agency of the Union. It shall have legal personality.

• 2. 

  In each of the Member States CEPOL shall enjoy the most extensive legal capacity

  accorded to legal persons under their laws. It may, in particular, acquire and dispose of

  movable and immovable property and be party to legal proceedings.

• 3. 

  The seat of CEPOL shall be in Budapest, Hungary.

  Article 25

  Privileges and immunities

The Protocol on the Privileges and Immunities of the European Union shall apply to CEPOL and its

staff.

Article 26

Language arrangements

• 1. 

  The provisions laid down in Regulation No 1 7 shall apply to CEPOL.

• 2. 

  The Management Board shall decide by a majority of two-thirds of its members on the

  internal language arrangements of CEPOL.

• 3. 

  The translation services required for the functioning of CEPOL shall be provided by the

  Translation Centre of the bodies of the European Union.

7 Council Regulation (EC) No 920/2005 i of 13 June 2005 amending Regulation No 1 of 15

April 1958.

Article 27

Transparency

• 1. 

  Regulation (EC) No 1049/2001 i shall apply to documents held by CEPOL.

• 2. 

  The Management Board shall, within six months of the date of its first meeting, adopt the

  detailed rules for applying Regulation (EC) No 1049/2001 i.

• 3. 

  Decisions taken by CEPOL under Article 8 of Regulation (EC) No 1049/2001 i may form

  the subject of a complaint to the Ombudsman or of an action before the Court of Justice of

  the European Union, under the conditions laid down in Articles 228 and 263 of the Treaty

  respectively.

• 4. 

  The processing of personal data by CEPOL shall be subject to Regulation (EC) No

  45/2001 8 .

8 Regulation (EC) No 45/2001 i of the European Parliament and of the Council of 18

December2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.

Article 28

Combating fraud

• 1. 

  In order to facilitate combating fraud, corruption and other unlawful activities under

  Regulation No 883/2013 i 9 , within six months from ... [date of application of this

  Regulation] CEPOL ▌shall accede to the Interinstitutional Agreement of 25 May 1999

  concerning internal investigations by the European Anti-fraud Office (OLAF) 10 and adopt

  appropriate provisions applicable to all employees of CEPOL using the template set out in

  the Annex to that Agreement.

• 2. 

  The European Court of Auditors shall have the power of audit, on the basis of documents

  and on the spot, over all grant beneficiaries, contractors and subcontractors who have

  received Union funds from CEPOL.

• 3. 

  OLAF may carry out investigations, including on-the-spot checks and inspections with a

  view to establishing whether there has been fraud, corruption or any other illegal activity

  affecting the financial interests of the Union in connection with a grant or a contract

  funded by CEPOL, in accordance with the provisions and procedures laid down in

  Regulation No 883/2013 i and Regulation (Euratom, EC) No 2185/96 11 .

9 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of

11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 i of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999.

10 Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council

of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-fraud Office (OLAF) ; Official Journal L 136 , 31/05/1999 P. 0015 - 0019.

11 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-thespot

checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities Official Journal L 292 , 15/11/1996 P. 0002 - 0005.

• 4. 

  Without prejudice to paragraphs 1, 2 and 3, working agreements with Union bodies,

  authorities and training institutes of third countries, international organisations and

  private parties, contracts, grant agreements and grant decisions of CEPOL shall contain

  provisions expressly empowering the European Court of Auditors and OLAF to conduct

  such audits and investigations, according to their respective competences.

  Article 29

  Security rules on the protection of classified and sensitive non-classified information

CEPOL shall adopt own security rules equivalent to the Commission's security rules for

protecting European Union Classified Information (EUCI) and sensitive non-classified

information, as set out in the Commission Decisions (EU, Euratom) 2015/443 12 and 2015/444 13 .

The security rules of CEPOL shall cover, inter alia, provisions for the exchange, processing and

storage of such information.

12 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the

Commission (OJ L 72, 17.3.2015, p. 41).

13 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules

for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

Article 30

Liability

• 1. 

  CEPOL's contractual liability shall be governed by the law applicable to the contract in

  question.

• 2. 

  The Court of Justice of the European Union shall have jurisdiction to give judgment

  pursuant to any arbitration clause contained in a contract concluded by CEPOL.

• 3. 

  In the case of non-contractual liability, CEPOL shall, in accordance with the general

  principles common to the laws of the Member States, make good any damage caused by its

  departments or by its staff in the performance of their duties.

• 4. 

  The Court of Justice of the European Union shall have jurisdiction in disputes over

  compensation for damage referred to in paragraph 3.

• 5. 

  The personal liability of CEPOL's staff towards CEPOL shall be governed by the

  provisions laid down in the Staff Regulations or Conditions of Employment applicable to

  them.

  Article 31

  Evaluation and review

• 1. 

  No later than 5 years after … [date of application of this Regulation] and every 5 years

  thereafter, the Commission shall commission an evaluation to assess particularly the

  impact, effectiveness and efficiency of CEPOL and its working practices. ▌

• 2. 

  The Commission shall forward the evaluation report to the Management Board, which

  shall provide its observations on the report within one month from its receipt. The

  Commission shall forward the final evaluation report with its conclusions, together with

  the observations of the Management Board in an Annex, to the European Parliament, the

  Council and the Management Board. The findings of the evaluation shall be made public.

▌

Article 32

Administrative inquiries

The activities of CEPOL shall be subject to the inquiries of the European Ombudsman in

accordance with Article 228 of the Treaty.

Article 33

Cooperation with Union bodies, third countries and international organisations

• 1. 

  CEPOL shall be open to the participation of the authorities and training institutes of

  those third countries that have entered into agreements with the Union to that effect.

• 2. 

  In so far as necessary for the performance of its tasks, CEPOL may establish and maintain

  cooperative relations with the Union bodies in accordance with the objectives of those

  bodies, authorities of third countries, training institutes of third countries, international

  organisations and private parties.

• 3. 

  In accordance with paragraph 1 and 2, working arrangements shall be concluded

  specifying, in particular, the nature, extent and manner in which the authorities and

  training institutes of third countries, international organisations and private parties

  concerned may participate in the work of CEPOL, including provisions relating to

  participation in the initiatives undertaken by CEPOL, financial contributions and staff. As

  regards staff matters, those arrangements shall, in any event, comply with the Staff

  Regulations.

• 4. 

  CEPOL shall cooperate with the Union bodies competent in matters covered by this

  Regulation and referred to in paragraph 2, within the framework of working arrangements

  concluded with those bodies, in accordance with this Regulation or with the relevant

  provisions of Decision 2005/681 i/JHA. ▌

• 5. 

  Working arrangements referred to in paragraphs 3 and 4 may be concluded only with

  the authorisation of the Management Board after having consulted the Commission.

  They shall not bind the Union or its Member States.

  Article 34

  Headquarters Agreement and operating conditions

▌The necessary arrangements concerning the accommodation to be provided for CEPOL in

Hungary and the facilities to be made available by that Member State together with the specific

rules applicable in the host Member State to the Executive Director, members of the Management

Board, CEPOL staff and members of their families shall be laid down in a Headquarters Agreement

between CEPOL and Hungary, concluded after obtaining the approval of the Management Board ▌.

▌

CHAPTER VII

TRANSITIONAL PROVISIONS

Article 35

General legal succession

• 1. 

  CEPOL, as established by this Regulation, shall be the general legal successor in respect of

  all contracts concluded by, liabilities incumbent on, and properties acquired by CEPOL, as

  established by Decision 2005/681 i/JHA.

• 2. 

  This Regulation shall not affect the legal force of agreements concluded by CEPOL as

  established by Decision 2005/681 i/JHA before the date of entry into force of this

  Regulation.

▌

Article 36

Transitional arrangements concerning the Management Board

• 1. 

  The term of office of the members of the Governing Board of CEPOL as established on the

basis of Article 10 of Decision 2005/681 i/JHA shall terminate on … [date of application of

this Regulation].

• 2. 

  The Governing Board established on the basis of Article 10 of Decision 2005/681 i/JHA shall

within the period between … [date of entry into force of this Regulation] and … [date of

application of this Regulation]:

(a) exercise the functions of the Management Board as referred to in Article 9 of this

Regulation;

(b) prepare the adoption of the rules for applying Regulation (EC) No 1049/2001 i with

regard to CEPOL documents referred to in Article 27 of this Regulation, on the

obligations of confidentiality and discretion, and the protection of European Union

Classified Information (EUCI) and sensitive non-classified information referred to

in Article 29 of this Regulation; (c) prepare any instrument necessary for the application of this Regulation, and

(d) review the internal rules and measures adopted by the Governing Board on the basis

of Decision 2005/681 i/JHA so as to allow the Management Board established

pursuant to Article 8 of this Regulation to take a decision pursuant to Article 40

thereof.

Article 37

Transitional arrangements concerning the Executive Director and staff

• 1. 

  The Director of CEPOL appointed on the basis of Article 11(1) of Decision 2005/681 i/JHA

  shall, for the remaining periods of his/her term of office be assigned to the responsibilities

  of the Executive Director as provided for in Article 14 of this Regulation. The other

  conditions of his/her contract shall remain unchanged. If the term of office ends after …

  [▌date of entry into force of this Regulation] but before … [▌date of application of this

  Regulation], it shall be extended automatically until one year after … [▌date of application

  of this Regulation].

• 2. 

  Should the ▌Director of CEPOL appointed on the basis of Article 11(1) of Decision

  2005/681/JHA be unwilling or unable to act in accordance with paragraph 1, the

  Management Board shall designate an interim Executive Director to exercise the duties

  assigned to the Executive Director for a period not exceeding 18 months, pending the

  appointments provided for in Article 22.

• 3. 

  This Regulation shall not affect the rights and obligations of staff engaged under Decision

  2005/681/JHA.

• 4. 

  The employment contracts of staff referred to in the third paragraph may be renewed under

  this Regulation in accordance with the Staff Regulations and the Conditions of

  Employment.

  Article 38

  Transitional budgetary provisions

  The discharge procedure in respect of the budgets approved on the basis of Article 25 of Decision

  2005/681/JHA shall be carried out in accordance with the rules established by the Decision

  2005/681/JHA.

  CHAPTER VIII

  FINAL PROVISIONS

  Article 39

  Replacement and repeal

• 1. 

  Decision 2005/681 i/JHA, as amended by Regulation (EU) No 543/2014 i, is hereby

  replaced for the Member States bound by this Regulation with effect from … [date of

  application of this Regulation].

  Therefore, Decision 2005/681 i/JHA is repealed.

• 2. 

  For the Member States bound by this Regulation, references to the acts referred to in

  paragraph 1 shall be construed as references to this Regulation.

  Article 40

  Maintenance in force of the internal rules adopted by the Governing Board

Internal rules and measures adopted by the Governing Board on the basis of Decision

2005/681/JHA shall remain in force after … [date of application of this Regulation], unless

otherwise decided by the Management Board in the application of this Regulation.

Article 41

Entry into force

• 1. 

  This Regulation shall enter into force on the twentieth day following that of its publication

  in the Official Journal of the European Union.

• 2. 

  It shall apply from … [date of application of this Regulation].

  However, Articles 36, 37 and 38 shall apply from … [▌date of entry into force of this

  Regulation].

  This Regulation shall be binding in its entirety and directly applicable in the Member

  States in accordance with the Treaties.

Done at

For the European Parliament For the Council

The President The President

ANNEX TO ANNEX 1

Statement by the three institutions

It is noted that as a consequence of the application of Protocol No 22 pursuant to which

Denmark is not bound by the CEPOL Regulation which replaces the previous CEPOL

Decision, as soon as the Regulation becomes applicable, Denmark will no longer be

participating in CEPOL. The situation will be similar as concerns Ireland and the United

Kingdom if, after the adoption of the CEPOL Regulation, they do not make use of the

possibility to notify their wish to accept that Regulation, pursuant to Article 4 of Protocol

No 21, as this would create a case of inoperability under Article 4a of that Protocol.

Statement by the European Parliament and the Council on the provisions of Chapters III and

V (governance)

The European Parliament and the Council declare that the governance structure and

provisions put in place for this Agency are custom-made and case-specific. The relevant

provisions of Chapters III and V of this Regulation should therefore be without prejudice to

any future legislative acts in relation to other agencies in the field of justice and home affairs.

ANNEX 2

Proposal for a Regulation of the European Parliament and of the Council establishing a European Union Agency for law enforcement training (Cepol), repealing and replacing the Council Decision 2005/681 i/JHA:

PROVISIONAL COMPROMISE TEXT

(based on the outcome of the trilogues of 21/4, 5/5 and 2/6 as well as technical meetings of 1/4, 24/4 and 11/5/2015)

The amendments made by the EP and the Council in the text of the draft Regulation compared to the Commission's proposal are marked as follows:

• - 

  the new text is marked in bold italics;

• - 

  the deleted parts of the text are marked in strikethrough;

• - 

  the paragraphs that have been fully deleted are marked as "Deleted".

Additionally, the new elements in the compromise text as compared to previous compromise text compared to the initial amendments proposed by the

Council contained in the 4th column are underlined.

Where full paragraphs of the Commission's proposal were not amended by the EP and/or the Council, they are not repeated in the columns reflecting their respective positions.

COM Proposal EP Position/Amendments Council Position/Amendments Provisional compromises based on the

(16.07.2015 and 30.09.2015, outcome of the trilogues on 21/04/2015,

12013/1/14 REV 1) (vote in LIBE on 24.02.2015)

(approved by Coreper on

05.03.2015, 6558/15) 05/05/2015 and 02/06/2015 as well as the technical meetings on 01/04/2015,

24/04/2015 and 11/05/2015

Proposal for a

REGULATION OF THE

EUROPEAN PARLIAMENT AND OF THE COUNCIL

establishing a European Union establishing a on the European

agency for law enforcement Union agency for law Compromise text following the technical

training (Cepol), repealing and enforcement training (Cepol), meeting on 01/04/2015 and the outcome on

ANNEX 2 DGD 1C LIMITE EN

replacing the Council Decision repealing and replacing the discussions between the Legal Services of 2005/681/JHA Council Decision 2005/681 i/JHA the Council, EP and the Commission in

relation to Article 39:

establishing a on the European Union agency for law enforcement training (Cepol), repealing and replacing and repealing the Council Decision 2005/681/JHA

THE EUROPEAN

PARLIAMENT AND THE

COUNCIL OF THE

EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European

Union, and in particular Article

87(2)(b) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national

Parliaments,

Acting in accordance with the ordinary legislative procedure,

Whereas:

• (1) 

  The European Police College was set up by Council Decision

ANNEX 2 DGD 1C LIMITE EN

2005/681/JHA 16 as an entity of

the Union to train senior police officers of the Member States and facilitate cooperation between national police forces by organising and coordinating training activities with a

European policing dimension.

16 Council Decision

2005/681/JHA of 20 September

2005 establishing the European

Police College (CEPOL) and repealing Decision 2000/820 i/JHA

(OJ L 256, 1.10.2005, p. 63).

• (2) 

  The 'Stockholm Programme -

An open and secure Europe serving and protecting citizens’ sets the aim of creating a genuine

European law enforcement culture by setting up European training schemes and exchange programmes for all relevant law enforcement professionals at national and Union level.

• (3) 

  The European Law (3) The European Law Enforcement

Enforcement Training Scheme Training Scheme (LETS) 17 responds Proposed compromise text following the

(LETS) 17 responds to the technical meeting on 11/05/2015, aimed at In response to the European European Council’s call, in the Council’s call, in the Stockholm aligning this recital with Article 3:

Stockholm Programme, to step up Programme, to step up training on

training on Union related issues Union related issues and to make it (3) The European Law Enforcement and to make it systematically systematically accessible for all Training Scheme (LETS)

17 responds In

accessible for all relevant law relevant response to the European Council’s call, in law enforcement the Stockholm Programme, to step up

ANNEX 2 DGD 1C LIMITE EN

enforcement professionals, and to professionals officials of all ranks, training on Union related issues and to make request from the European and to request from the European it systematically accessible for all relevant Parliament for a stronger Union Parliament for a stronger Union law enforcement professionals officials of framework for judicial and police framework for judicial and police all ranks, and to request from the European training. training, CEPOL objectives should Parliament for a stronger Union framework

be structured in line with the for judicial and police training, CEPOL following general principles: objectives should be structured in line with firstly, support Member States in the following general principles, whilst providing training in order to putting particular emphasis on the improve basic knowledge of the protection of human rights and EU dimension of law enforcement fundamental freedoms in the context of law and, secondly, support Member enforcement: firstly, support and States at their request in the complement Member States' activities in development of bilateral and providing training in order to improve regional cooperation through law basic knowledge of the EU dimension of enforcement training as well as, law enforcement and, secondly, support thirdly, develop and coordinate Member States at their request in the training in specific thematic areas development of bilateral and regional and, fourthly, in relation to Union cooperation through law enforcement missions and capacity-building in training as well as, thirdly, develop, third countries. The set of these implement and coordinate training in general principles should be seen specific thematic areas and, fourthly, in as the European Law Enforcement relation to Union missions and capacity Training Scheme (LETS), aimed building in third countries. The set of these to ensure that Union level training general principles should be seen as the for law enforcement officials is of European Law Enforcement Training high quality, coherent and Scheme (LETS), aimed to ensure that consistent. Union level training for law enforcement officials is of high quality, coherent and consistent. These general principles correspond to reflect the four strands identified by the Commission on the basis

ANNEX 2 DGD 1C LIMITE EN

of the mapping of training needs and delivery conducted by Cepol in cooperation with Member States.

17 COM(2013) 172 final i. deleted

17 COM(2013) 172 final i.

Proposed compromise following the trilogue on 21/04/2015 and the technical meeting on 24/04/2015:

(NEW) (3a) CEPOL in its training activities should promote a common respect for and understanding of fundamental rights in law enforcement such as privacy, data protection and the rights, support and protection of victims, witnesses and suspects of crime, including safeguarding the rights of victims of gender-based violence.

• (4) 

  The development of Union deleted

level training for law enforcement See recital (3), so the proposed compromise personnel to support practical would be:

cooperation and full

implementation of the LETS (4) The development of Union level training represents a key priority for the for law enforcement personnel to support

future years in that context. practical cooperation and full implementation of the LETS represents a

key priority for the future years in that context.

• (5) 

  Simplification and (5)(3a) Simplification and

improvement of CEPOL's Proposed compromise following the trilogue improvement of CEPOL's

functioning, in light of the LETS, functioning, in light of the LETS, on 21/04/2015 and the technical meeting on 24/04/2015:

ANNEX 2 DGD 1C LIMITE EN

widens the possibilities for widens the possibilities for CEPOL

CEPOL to support, develop, to support, develop, deliver provide (5)(3ab) Simplification and improvement of deliver and coordinate training and coordinate training activities CEPOL's functioning, in light of the LETS, activities for the competent law for the competent law enforcement widens the possibilities for CEPOL to enforcement authorities of the authorities of the Member States, support, develop, deliver provide implement Member States, without prejudice without prejudice to the national and coordinate training activities for the to the national initiatives taken by initiatives taken by the Member competent law enforcement authorities of the Member States in the field of States in the field of training for the Member States, without prejudice to the training for law enforcement law enforcement personnel national initiatives taken by the Member

personnel. officials. States in the field of training for law enforcement personnel officials and where

training can add value for Member States and the Union.

(4a) CEPOL is to achieve its

objectives gradually, taking into Revised compromise, following the technical account the need for prioritisation meeting on 11/05/2015, combining Council's

in line with business requirements recital (4a) and EP's recital (6a):

and available financial resources. (4a) In order to make the most efficient use

of its resources, CEPOL's activities should focus on priorities and areas where training can add value for Member States and the Union in line with current and future needs and business requirements.

• (6) 

  To ensure that Union level (6) To ensure that Union level (6) To ensure that Union level

training for law enforcement training for law enforcement Given recital (3) and (new) (3a), the training for law enforcement personnel is of high quality, personnel is of high quality, proposed compromise would be in line with personnel is of high quality, coherent and consistent, CEPOL coherent and consistent, CEPOL coherent and consistent, CEPOL the initial position of the Council:

should strive to structure it in line should strive to structure it in line should strive to structure it in line

with the principles of the Law with the principles of the Law with the principles of the Law (6) To ensure that Union level training for Enforcement Training Scheme. Enforcement Training Scheme, Enforcement Training Scheme. law enforcement personnel is of high Union-level training should be whilst putting particular quality, coherent and consistent, CEPOL Union-level training should be available to law enforcement emphasis on the protection of should strive to structure it in line with the available to law enforcement

ANNEX 2 DGD 1C LIMITE EN

officers of all ranks. CEPOL human rights and fundamental officers of all ranks. CEPOL should principles of the Law Enforcement Training should ensure that training is freedoms in the context of law ensure that training is evaluated and Scheme. Union-level training should be evaluated and that conclusions enforcement. Union-level training that conclusions from training available to law enforcement officers of all from training needs assessments should be available to law needs assessments are part of ranks. CEPOL should ensure that training is are part of planning to enhance enforcement officers of all ranks. planning to enhance effectiveness evaluated and that conclusions from training effectiveness of future actions. CEPOL should ensure that of future actions. CEPOL should be needs assessments are part of planning to CEPOL should promote the training is evaluated and that able to promote the mutual enhance effectiveness of future actions. recognition in Member States of conclusions from training needs recognition of law enforcement CEPOL should be able to promote the training provided at Union level. assessments are part of planning training in Member States and the mutual recognition of law enforcement

to enhance effectiveness of future recognition in by Member States of training in Member States and the actions. CEPOL should promote training provided at Union level. recognition in by Member States of training the recognition in Member States provided at Union level. of training provided at Union level. (6a) In order to make the most

efficient use of its resources, See the compromise proposal for recital CEPOL's activities should be (4a), so the compromise here would be:

focused on thematic areas that

have a clear Union added value (6a) In order to make the most efficient use

and a cross-border dimension, of its resources, CEPOL's activities should

closely linked to the Internal be focused on thematic areas that have a

Security Strategy. The focus clear Union added value and a crossshould

be forward-looking, border dimension, closely linked to the

identifying what training and Internal Security Strategy. The focus

capacity building measures are should be forward-looking, identifying

required in the future at Union what training and capacity building

level. measures are required in the future at Union level.

• (7) 

  To avoid duplication in the (7) To avoid duplication, (7) To avoid duplication in the

training activities for the uncoordinated initiatives or training activities for the competent Compromise text following the technical competent law enforcement overlap in the training activities law enforcement personnel meetings on 01/04/2015 and on 24/04/2015:

personnel, which are carried out for the competent law officials, which are carried out by

by existing European Union enforcement personnel, which are existing European Union Agencies (7) To avoid duplication

or overlap and

ANNEX 2 DGD 1C LIMITE EN

Agencies and other relevant carried out by existing European and other relevant bodies, CEPOL ensure better coordination in the training bodies, CEPOL should assess Union Agencies and other should assess strategic training activities for the competent law enforcement strategic training needs and relevant bodies, CEPOL should needs and address Union priorities personnel officials, which are carried out by address Union priorities in the assess strategic training needs and in the area of internal security and existing European Union Agencies and other area of internal security and its address Union priorities in the its external aspects, in line with the relevant bodies, CEPOL should assess external aspects, in line with the area of internal security and its relevant policy cycles. strategic training needs and address Union relevant policy cycles. external aspects, in line with the priorities in the area of internal security and

relevant policy cycles. its external aspects, in line with the relevant policy cycles.

• (8) 

  To achieve its objectives, (8)(4b) To achieve its objectives,

CEPOL, as a centre of Union CEPOL, as a centre of Union Compromise text following the trilogues on learning activities, should learning activities, should maintain 21/04/2015, on 02/06/2015 and the technical maintain and encourage and encourage cooperation with the meeting on 24/04/2015, aimed at ensuring cooperation with the network of should function as a network, by consistency with Article 3(3):

the training institutes of the bringing together of the national

Member States. It should further training institutes of the Member (8)(4b) To achieve its objectives, CEPOL, as be supported by a "National Unit" States whose tasks include the a centre of Union learning activities, should in each Member State. The maintain and encourage cooperation with training of law enforcement activities of the National Units officials, which should cooperate the network of the training institutes of the should be coordinated at the closely to that end. It should further Member States. It should further be Union level by CEPOL. be supported by a "National Unit" supported by a "National Unit" in each

in each Member State. The Member State. The activities of the National activities of the National Units Units should be coordinated at the Union should be coordinated at the Union level by CEPOL. CEPOL should bring

level by CEPOL. together a network of training institutes of the Member States for law enforcement

officials and should liaise with a single National unit in each Member State functioning within the network.

• (9) 

  The Commission and the (9) The Commission and the (9) The Commission and the

Member States should be Member States should be Compromise text following the technical Member States and the represented within the represented within the Commission should be represented meeting on 01/04/2015:

ANNEX 2 DGD 1C LIMITE EN

Management Board of CEPOL in Management Board of CEPOL in within the Management Board of (9) The Commission and the Member States order to supervise effectively the order to supervise effectively the CEPOL in order to supervise and the Commission should be represented exercise of its functions. The exercise of its functions. The effectively the exercise of its within the Management Board of CEPOL in Board should consist of members Board should consist of members functions. The Board should consist order to supervise effectively the exercise of appointed on the basis of their of the Management Board and of members appointed on the basis its functions. The Board should consist of experience in the management of their alternates should be of their experience in the members of the Management Board and public or private sector appointed on the basis of their management of public or private their alternates should be appointed on the organisations and of their experience in the management of sector organisations and of their basis of their experience in the management knowledge in the national policy public or private sector knowledge in the national policy on of public or private sector organisations and on training for law enforcement organisations and of their training for law enforcement of their knowledge in the national policy on officers. The Board should be knowledge in the national policy officers officials and other relevant training for law enforcement officers entrusted with the necessary on training for law enforcement skills. officials and other relevant managerial, powers to establish the budget, officers. The Board should be (9a) All parties represented in the administrative and budgetary skills. verify its execution, adopt entrusted with the necessary Management Board should make

appropriate financial rules and powers to establish the budget, efforts to limit the turnover of their (9a) All parties represented in the CEPOL's strategy, establish verify its execution, adopt Management Board should make efforts to representatives, to ensure transparent working procedures appropriate financial rules and continuity of the Management limit the turnover of their representatives, for decision making by CEPOL, CEPOL’s strategy, establish Board’s work. All parties should to ensure continuity of the Management appoint the Director, establish transparent working procedures Board’s work. All parties should aim to aim to achieve a balanced performance indicators and for decision making by CEPOL, representation between men and achieve a balanced representation between exercise appointing authority appoint the Executive Director, men and women on the Management women on the Management powers, in accordance with the establish performance indicators Board. Board.

Staff Regulations and the and exercise appointing authority (9b) The Management Board

Conditions of Employment of powers, in accordance with the (9b) The Management Board should be should be entrusted with the

Other Servants. Staff Regulations and the necessary powers, in particular to entrusted with the necessary powers, in

Conditions of Employment of establish the budget, verify its particular to establish the budget, verify its

Other Servants. execution, adopt appropriate financial rules execution, adopt appropriate and CEPOL's strategy multiannual

financial rules and CEPOL's

strategy multiannual programming programming and annual work

and annual work programmes, programmes, establish transparent working procedures for decision making by CEPOL,

establish transparent working

procedures for decision making by appoint the Executive Director, establish performance indicators and exercise

ANNEX 2 DGD 1C LIMITE EN

CEPOL, appoint the Executive appointing authority powers, in accordance Director, establish performance with the Staff Regulations and the indicators and exercise appointing Conditions of Employment of Other authority powers, in accordance Servants. with the Staff Regulations and the Conditions of Employment of Other Servants.

• (10) 

  To ensure the efficient day(10) To ensure the efficient day-toto-day

functioning of CEPOL, the day functioning of CEPOL, the Compromise text following the technical

Executive Director should be its Executive Director should be its meeting on 01/04/2015:

legal representative and manager, legal representative and manager,

acting in complete independence acting in complete independence (10) To ensure the efficient day-to-day in the performance of his/her independently in the performance functioning of CEPOL, the Executive duties and ensuring that CEPOL of his/her duties and ensuring that Director should be its legal representative carries out the tasks provided for and manager, acting in complete CEPOL carries out the tasks by this Regulation. In particular, provided for by this Regulation. In independence independently in the the Executive Director should be particular, the Executive Director performance of his/her duties and ensuring responsible for preparing budgeshould be responsible for preparing that CEPOL carries out the tasks provided tary and planning documents budgetary and planning documents for by this Regulation. In particular, the submitted for the decision of the submitted for the decision of the Executive Director should be responsible for Management Board, implemen Management Board, implementing preparing budgetary and planning ting the annual and multiannual the annual and multiannual documents submitted for the decision of the programming and annual work programming and annual work Management Board, implementing the

programmes of CEPOL. programmes of CEPOL. annual and multiannual programming and annual work programmes of CEPOL.

• (11) 

  To ensure the scientific (11) To ensure the scientific (11) If appropriate and taking into

quality of CEPOL's work, a quality of CEPOL’s work, a Proposed compromise text following the consideration business

Scientific Committee, composed Scientific Committee, composed trilogue on 05/05/2015 and the technical requirements and financial of independent persons of the of independent persons of the resources, the Management Board meeting on 11/05/2015:

highest academic or professional highest academic or professional should be able to set up a

standing in the subjects covered standing in the subjects covered Scientific Committee for Training (11) If appropriate and taking into by this Regulation, should be set by this Regulation, should be set as an independent advisory body consideration business requirements and up as an independent advisory up as an independent advisory Tto ensure the scientific quality of financial resources, the Management

ANNEX 2 DGD 1C LIMITE EN

body. body. The Members of the CEPOL's work, a Scientific Board should be able to set up decide on

Scientific Committee should be Committee for Training, composed setting up establishing a Scientific appointed by the Management of independent persons of the Committee for Training as an independent Board following a transparent highest academic or professional advisory body Tto ensure the scientific call for applications and standing who are high level quality of CEPOL's work, a Scientific selection procedure to be academics and law enforcement Committee for Training, composed of published in the Official Journal practitioners in the subjects independent persons of the highest academic of the European Union. covered by this Regulation, should or professional standing who are high level be set up as an independent academics and law enforcement advisory body. practitioners in the subjects covered by this Regulation, should be set up as an independent advisory body. The Members of the Scientific Committee should be appointed by the Management Board following a transparent call for applications and selection procedure to be published in the Official Journal of the European Union.

• (12) 

  CEPOL should ensure that (12) CEPOL should ensure that its

its training integrates relevant training integrates relevant Compromise text following the technical developments in research and developments in research and meetings on 01/04/2015, on 24/04/2015 and encourage the creation of stronger encourage the creation of stronger on 11/05/2015:

partnerships between universities partnerships between universities

and law enforcement training and law enforcement training (12) CEPOL should ensure that its training institutes in the Member States. institutes in the Member States as integrates relevant developments in research

well as other European Union and encourage the creation of stronger law enforcement agencies in partnerships between universities and law order to create spill-over effects enforcement training institutes in the by means of enhanced Member States or Union bodies competent

cooperation. in matters covered by this Regulation, in order to create synergies among them by

means of strengthened cooperation.

ANNEX 2 DGD 1C LIMITE EN

• (13) 

  In order to guarantee the full (13) In order to guarantee the full

autonomy and the independence autonomy and the independence Compromise text following the technical of CEPOL, it should be granted of CEPOL and to enable it to meetings on 01/04/2015 and 24/04/2015 and an autonomous budget with properly perform the objectives the trilogue on 05/05/2015 (with COM revenue stemming essentially and tasks assigned to it in this scrutiny reservation):

from a contribution from the Regulation, it should be granted

budget of the Union. The Union an a sufficient and autonomous (13) In order to guarantee the full autonomy budgetary procedure should be budget with revenue stemming and the independence of CEPOL and to applicable as far as the Union essentially from a contribution enable it to properly perform the objectives contribution and any other from the budget of the Union. The and tasks assigned to it in this Regulation, subsidies chargeable to the Union budgetary procedure it should be granted an adequate and general budget of the European should be applicable as far as the autonomous budget with revenue stemming Union are concerned. The Union contribution and any other essentially from a contribution from the auditing of accounts should be subsidies chargeable to the budget of the Union. The Union budgetary undertaken by the Court of general budget of the European procedure should be applicable as far as the Auditors. Union are concerned. The Union contribution and any other subsidies

auditing of accounts should be chargeable to the general budget of the undertaken by the Court of European Union are concerned. The auditing

Auditors. of accounts should be undertaken by the Court of Auditors.

• (14) 

  For the purpose of performing its tasks, CEPOL should also be able to award grants to the training and research institutes of the Member States for implementing CEPOL's courses, seminars and conferences. Grants awarded to

Member States should further contribute to fostering the cooperation of the training institutes of the Member States within the network and promoting

ANNEX 2 DGD 1C LIMITE EN

the mutual recognition of law enforcement.

• (15) 

  For the purpose of fulfilling (15) For the purpose of fulfilling its

its mission and to the extent mission and to the extent required Compromise text following the technical required for the performance of for the performance of its tasks, meeting on 01/04/2015 and on 24/04/2015:

its tasks, CEPOL should be able CEPOL should be able to cooperate

to cooperate with other European with other European Union (15) For the purpose of fulfilling its mission Union Agencies and relevant Agencies and relevant bodies, the and to the extent required for the bodies, the competent authorities competent authorities and training performance of its tasks, CEPOL should be of third countries and the institutes of third countries and the able to cooperate with other European Union international organisations Agencies and relevant bodies, the competent international organisations competent in matters covered by competent in matters covered by authorities and training institutes of third this Regulation in the framework this Regulation in the framework of countries and the international organisations of working arrangements working arrangements concluded in competent in matters covered by this concluded in accordance with this accordance with this Regulation or Regulation in the framework of working Regulation or in the framework of arrangements concluded in accordance with in the framework of working working arrangements concluded this Regulation or in the framework of arrangements concluded with with national training institutes of national training institutes of third working arrangements concluded with third countries on the basis of countries on the basis of Article 8 national training institutes of third countries Article 8 of the Council Decision on the basis of Article 8 of the Council of the Council Decision 2005/681 i/JHA, 2005/681/JHA, as well as with Decision 2005/681 i/JHA, as well as with

private parties,. private parties,.

(15a) CEPOL had its seat in Compromise text following the technical Bramshill, United Kingdom. By meetings on 01/04/2015, on 24/04/2015 and letters dated 12 December 2012 on 11/05/2015 (and following the deletion of and 8 February 2013, the United the EP amendment in Article 24(3a)): Kingdom informed CEPOL that it

no longer wished to host CEPOL's (15a) CEPOL had its seat in Bramshill, seat on its territory. In view of the United Kingdom. By letters dated 12 common accord reached on 8 December 2012 and 8 February 2013, the October 2013 by the United Kingdom informed CEPOL that it representatives of the no longer wished to host CEPOL's seat on

ANNEX 2 DGD 1C LIMITE EN

Governments of the Member its territory. In view of the common accord States, arrangements were made reached on 8 October 2013 by the for CEPOL to be hosted in representatives of the Governments of the Budapest, Hungary as soon as it Member States, arrangements were made left Bramshill, United Kingdom. for CEPOL to be hosted in Budapest, Those arrangements were Hungary as soon as it left Bramshill, incorporated into Council United Kingdom. Those arrangements were Decision 2005/681 i/JHA by incorporated into Council Decision

Regulation (EU) No 543/2015 i 17a . 2005/681/JHA by In line with Regulation (EU) No 543/20154 17a amending Council

Decision 2005/681 i/JHA, the seat of CEPOL was moved to Budapest, Hungary, and the Commission was invited to submit, by 30 November 2015, a report on the effectiveness of this Decision following a thorough cost-benefit analysis and impact assessment.

17a Regulation (EU) No 543/2015 i

17a

of the European Parliament and Regulation (EU) No 543/20154 of the of the Council of 15 May 2015 European Parliament and of the Council amending Council Decision of 15 May 2015 amending Council 2005/681/JHA establishing the Decision 2005/681 i/JHA establishing the European Police College European Police College (CEPOL) (OJ L (CEPOL) (OJ L 163, 29.05.2015, 163, 29.05.2015, p.5)

p.5)

(15b) CEPOL's host Member State Compromise text following the technical

should provide the necessary meeting on 01/04/2015:

conditions for the smooth operation of CEPOL, including

multilingual, European-oriented (15b) CEPOL's host Member State should provide the necessary conditions for the

schooling and appropriate

transport connections so as to smooth operation of CEPOL, including multilingual, European-oriented schooling

ANNEX 2 DGD 1C LIMITE EN

attract high-quality human and appropriate transport connections so resources from as wide a as to attract high-quality human resources geographical area as possible. from as wide a geographical area as possible.

(15c) Since the amendments to be Compromise text based on the outcome on made by this Regulation are of discussions between the Legal Services of substantial number and nature, the Council, EP and the Commission in Council Decision 2005/681 i/JHA relation to Article 39: as amended by Regulation (EU)

No 543/2015 should in the (15c) Since the amendments to be made by interests of clarity be replaced in this Regulation are of substantial number its entirety in relation to the and nature, Council Decision Member States bound by this 2005/681/JHA, as amended by Regulation Regulation. CEPOL as established (EU) No 543/20154, should in the interests by this Regulation should replace of clarity be replaced in its entirety in and assume the functions of relation to the Member States bound by this CEPOL as established by Council Regulation. CEPOL as established by this Decision 2005/681 i/JHA. Regulation should replace and assume the

functions of CEPOL as established by Council Decision 2005/681 i/JHA, which, as a consequence, should be repealed.

• (16) 

  Regulation (EC) No. (16) Regulation (EC) No.

1049/2001 of the European Compromise text following the technical 1049/2001 of the European

Parliament and of the Council 18 18 Parliament and of the Council meeting on 01/04/2015:

should apply to CEPOL, should apply to CEPOL,. (16) Regulation (EC) No. 1049/2001 i of the

European Parliament and of the Council 18

should apply to CEPOL,.

18 Regulation (EC) No 1049/2001 i

of the European Parliament and of the Council of 30 May 2001

ANNEX 2 DGD 1C LIMITE EN

regarding public access to

European Parliament, Council and Commission documents (OJ

L 145, 31.5.2001, p. 43).

• (17) 

  Since the objective of this (17) Since the objective of this

Regulation, namely the Compromise text following the technical Regulation, namely the establishment of an entity establishment of an entity agency meeting on 01/04/2015:

responsible for law-enforcement responsible for law- enforcement

training at Union level, cannot be training at Union level, cannot be (17) Since the objective of this Regulation, sufficiently achieved by the namely the establishment of an entity sufficiently achieved by the Member States and can, therefore, Member States and can, therefore, agency responsible for law- enforcement by reason of the scale and effects by reason of the scale and effects of training at Union level, cannot be of the action, be better achieved the action, be better achieved at sufficiently achieved by the Member States at Union level, the Union may Union level, the Union may adopt and can, therefore, by reason of the scale adopt measures, in accordance measures, in accordance with the and effects of the action, be better achieved with the principle of subsidiarity, principle of subsidiarity, as set out at Union level, the Union may adopt as set out in Article 5 of the in Article 5 of the Treaty on measures, in accordance with the principle Treaty on European Union. In European Union. In accordance of subsidiarity, as set out in Article 5 of the accordance with the principle of Treaty on European Union. In accordance with the principle of proportionality, as set out in that proportionality, as set out in that with the principle of proportionality, as set Article, this Regulation does not Article, this Regulation does not go out in that Article, this Regulation does not go beyond what is necessary to go beyond what is necessary to achieve that beyond what is necessary to achieve that objective. achieve that objective. objective.

• (18) 

  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of

Fundamental Rights of the

European Union, in particular the right to the protection of personal data and the right to privacy as protected by Articles 8 and 7 of

ANNEX 2 DGD 1C LIMITE EN

the Charter, as well as by Article

16 of the Treaty.

• (19) 

  In accordance with Article 3 (19) In accordance with Article 3 of

of the Protocol (No 21) on the the Protocol (No 21) on the position Compromise text following the technical position of United Kingdom and of United Kingdom and Ireland in meeting on 01/04/2015:

Ireland in respect of the Area of respect of the Area of Freedom,

Freedom, Security and Justice, Security and Justice, annexed to the (19) In accordance with Article 3 of the annexed to the Treaty on Treaty on European Union and the Protocol (No 21) on the position of United European Union and the Treaty Treaty on the Functioning of the Kingdom and Ireland in respect of the Area on the Functioning of the European Union, those Member of Freedom, Security and Justice, annexed to European Union, those Member States have notified their wish to the Treaty on European Union and the States have notified their wish to participate in the adoption and Treaty on the Functioning of the European participate in the adoption and application of this Regulation] OR Union, those Member States have notified application of this Regulation] [Without prejudice to Article 4 In their wish to participate in the adoption and OR [Without prejudice to Article accordance with Articles 1, 2 and application of this Regulation] OR [Without 4 of the Protocol (No 21) on the 4a(1) of the Protocol (No 21) on prejudice to Article 4 In accordance with position of the United Kingdom the position of the United Kingdom Articles 1, 2 and 4a(1) of the Protocol (No and Ireland in respect of the Area and Ireland in respect of the Area 21) on the position of the United Kingdom of Freedom, Security and Justice, of Freedom, Security and Justice, and Ireland in respect of the Area of annexed to the Treaty on annexed to the Treaty on European Freedom, Security and Justice, annexed to European Union and the Treaty Union and the Treaty on the the Treaty on European Union and the on the Functioning of the Treaty on the Functioning of the European Functioning of the European European Union, those Member Union, and without prejudice to Union, and without prejudice to Article 4 of States will not participate in the Article 4 of that Protocol, those that Protocol, those Member States will not adoption of this Regulation and Member States will not participate participate are not taking part in the will not be bound by or be subject are not taking part in the adoption adoption of this Regulation and will are not to its application. of this Regulation and will are not be bound by it or be subject to its

be bound by it or be subject to its application.

application.

ANNEX 2 DGD 1C LIMITE EN

• (20) 

  In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application,

HAVE ADOPTED THIS

REGULATION:

CHAPTER I

OBJECTIVE AND TASKS OF GENERAL PROVISIONS,

THE AGENCY OBJECTIVES AND TASKS OF Compromise text following the technical

THE AGENCY meeting on 01/04/2015:

GENERAL PROVISIONS, OBJECTIVES

AND TASKS OF THE AGENCY

Article 1

Establishment of the European Union Agency for Law

Enforcement Training

• 1. 

  A European Union Agency for 1. A European Union Agency for 1. A European Union Agency for

Law Enforcement Training Law Enforcement Training Compromise text following the trilogue on Law Enforcement Training (CEPOL) is hereby established in (CEPOL) is hereby established. (CEPOL) is hereby established in 21/04/2015 and the technical meeting on order to foster a coherent 1a. This Agency is established in order to foster a coherent European 24/04/2015:

European law enforcement order to improve cooperation law enforcement training policy to

training policy. among law enforcement improve cooperation among law 1. A European Union Agency for Law

authorities in the European enforcement authorities in the Enforcement Training (CEPOL) is hereby established in order to foster a coherent

ANNEX 2 DGD 1C LIMITE EN

Union by supporting and European Union by supporting European law enforcement training policy. implementing the training of and enhancing the training of their law enforcement officials in their officials notably through a relation to prevention, detection network of national training and investigation of criminal institutes. offences, maintenance of law and order and EU police missions, in order to foster a coherent European law enforcement training policy, and in order to strengthen the fundamental rights dimension of law enforcement training.

• 2. 

  CEPOL, as established by this

Regulation, shall replace and succeed CEPOL as established by

Decision 2005/681 i/JHA.

Article 2

Definitions

For the purposes of this

Regulation:

(a) ‘Law enforcement officers’ (a) ‘Law enforcement officers’ (a) ‘Law enforcement officers

means officers of police, customs officials’ means professionals, officials’ means officers staff of Compromise text following the technical and of other relevant services, including those still in training, meeting on 01/04/2015 and on 24/04/2015: police, customs and of other

including Union bodies, or officers of police, customs and relevant services, including Union (a) ‘Law enforcement officers officials’ responsible for preventing and of other relevant services, bodies, as defined by individual means officers staff of police, customs and combating serious crime affecting including Union bodies, Member States, responsible for: of other relevant services,including Union two or more Member States, responsible for preventing and (i) preventing and combating bodies, as defined by individual Member terrorism and forms of crime that combating serious crime affecting serious crime affecting two or States, responsible for:

affect a common interest covered two or more Member States, more Member States, terrorism

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by a Union policy and for crisis terrorism and forms of crime that and forms of crime that affect a (i) preventing and combating serious management and international affect a common interest covered common interest covered by a crime affecting two or more Member policing of major events. by a Union policy, and for public Union policy; and States, terrorism and forms of crime that

order, crisis management and (ii) for crisis management and affect a common interest covered by a international policing of major public order, in particular Union policy; and events, including employees or international policing of major

experts of Union institutions, events. (ii) for crisis management and public bodies, offices and departments This definition also covers staff of order, in particular international whose competences are related to Union bodies that have tasks policing of major events.

those tasks. related to points (i) and (ii). This definition also covers staff of Union

bodies that have tasks related to points (i) and (ii).

(b) ‘Union bodies’ means (b) ‘Union bodies’ means

institutions, entities bodies, institutions, entities bodies, Compromise text following the technical missions, offices and agencies set missions, offices and agencies set meeting on 01/04/2015:

up by, or on the basis of, the up by, or on the basis of, the Treaty

Treaty on European Union and on European Union and the Treaty (b) ‘Union bodies’ means institutions, the Treaty on the Functioning of on the Functioning of the European entities bodies, missions, offices and

the European Union; Union; agencies set up by, or on the basis of, the Treaty on European Union and the Treaty on

the Functioning of the European Union;

(c) ‘International organisations’ means international organisations and their subordinate bodies governed by public international law or other bodies which are set up by, or on the basis of, an agreement between two or more countries as well as Interpol;

ANNEX 2 DGD 1C LIMITE EN

Article 3

Objectives Objectives of CEPOL Compromise text following the technical meeting on 01/04/2015:

Objectives of CEPOL

• 1. 

  CEPOL shall support, develop 1. CEPOL shall support, develop, 1. CEPOL shall support, develop,

and coordinate training for law implement and coordinate training provide and coordinate training for Compromise text following the trilogue on enforcement officers, in line with for law enforcement officers law enforcement officers officials, 21/04/2015 and the technical meetings on the Law Enforcement Training officials, in line with the in line with the Law Enforcement 24/04/2015 and on 11/05/2015:

Scheme, in particular in the areas principles of the law enforcement Training Scheme where training at

of the fight against serious crime training scheme, in particular in Union level can add value, in 1. CEPOL shall support, develop, provide affecting two or more Member the areas of the fight against particular in the areas of the implement and coordinate training for law States and terrorism, management preventing and combating serious prevention of and fight against enforcement officers officials, in line with of high-risk public order and and organised crime affecting serious crime affecting two or more the Law Enforcement Training Scheme sport events, planning and two or more member states and where training at Union level can add Member States and terrorism, command of Union missions, as terrorism, management of highmanagement of high-risk value, whilst putting particular emphasis well as law enforcement risk public order, major events maintaining public order, and in on the protection of human rights and leadership and language skills, in and sports events, planning and particular international policing of fundamental freedoms in the context of law order to: command of Union missions, as major sport events, planning and enforcement, in particular in the areas of the

well as law enforcement command of Union missions, as prevention of and fight against serious leadership and language skills, in well as which may also include crime affecting two or more Member States order to:. and terrorism, management of high-risk training on law enforcement

leadership and language skills, in maintaining public order, and in particular international policing of major sport

order to. More specifically,

CEPOL shall: events, planning and command of Union missions, as well as which may also include

training on law enforcement leadership and language skills, in order to. More specifically, CEPOL shall:

It should be noted that the EP is very

ANNEX 2 DGD 1C LIMITE EN

attached to the reference to fundamental rights. The EP is currently considering the

compromise wording indicated above.

To ensure flexibility in the negotiations with the EP, the Presidency would propose to consider adding the following paragraph:

1a. CEPOL in its training activities shall promote a common respect for and understanding of fundamental rights in law enforcement.

Activities of CEPOL shall raise

awareness and knowledge of See reference to the fundamental rights international and Union above + recital (new) (3a), so the instruments and activities on law compromise text would be:

enforcement cooperation, Union

bodies, in particular Europol, Activities of CEPOL shall raise awareness Eurojust, and Frontex, their and knowledge of international and Union functioning and role as well as instruments and activities on law judicial aspects of law enforcement cooperation, Union bodies, in enforcement cooperation. particular Europol, Eurojust, and Frontex, CEPOL shall promote a common their functioning and role as well as respect for and understanding of judicial aspects of law enforcement fundamental rights in law cooperation. CEPOL shall promote a enforcement including privacy, common respect for and understanding of data protection and the rights, fundamental rights in law enforcement support and protection of the including privacy, data protection and the victims, witnesses and suspects, rights, support and protection of the including safeguarding the rights victims, witnesses and suspects, including of victims of gender based safeguarding the rights of victims of violence (GBV). Furthermore, gender based violence (GBV).

ANNEX 2 DGD 1C LIMITE EN

CEPOL shall: Furthermore, CEPOL shall:

(a) raise awareness and deleted (a) support Member States in

knowledge of: providing training in order to raise Compromise text following the trilogue on

awareness and knowledge of: 21/04/2015 and the technical meeting on 24/04/2015:

(a) support and complement Member States' activities in providing training in order to raise awareness and knowledge of:

(i) international and Union deleted (i) implementation and use

instruments on law of international and Union Compromise text following the trilogue on enforcement cooperation; 21/04/2015 and the technical meeting on instruments on law enforcement cooperation; 24/04/2015:

(i) implementation and use of international and Union instruments on law enforcement

cooperation;

(ii) Union bodies, in deleted

particular Europol, Eurojust Compromise text following the trilogue on and Frontex, their 21/04/2015 and the technical meeting on functioning and role; 24/04/2015:

(ii) Union bodies, in particular Europol, Eurojust and Frontex, their functioning and role;

(iii) judicial aspects of law deleted (iii) police and judicial

enforcement cooperation aspects of law enforcement Compromise text following the trilogue on and practical knowledge 21/04/2015 and the technical meeting on cooperation and practical about access to information knowledge about access to 24/04/2015:

channels; information exchange

channels; (iii) police and judicial aspects of law enforcement cooperation and practical

knowledge about access to information

ANNEX 2 DGD 1C LIMITE EN

exchange channels;

(-b) strengthen cooperation

networks of law enforcement Compromise text following the trilogue on agencies in managing flows of 21/04/2015 and the technical meeting on illegal immigration; 24/04/2015:

(-b) strengthen cooperation networks of law enforcement agencies in managing flows of illegal immigration;

(b) encourage the development of deleted (b) encourage support Member

regional and bilateral cooperation States at their request in the Compromise text following the trilogue on among Member States and 21/04/2015 and the technical meeting on development of regional and between Member States, Union bilateral cooperation through law 24/04/2015:

bodies and third countries;. enforcement training among

Member States and between (b) encourage support Member States at Member States, Union bodies and their request in the development of regional

third countries; and bilateral cooperation through law enforcement training among Member States

and between Member States, Union bodies and third countries;

(c) address specific criminal or (c) develop and coordinate

policing thematic areas where training addressing specific Compromise text following the trilogue on training at Union level can add criminal or policing thematic areas 21/04/2015 and the technical meeting on value; where training at Union level can 24/04/2015:

add value; (c) develop, implement and coordinate

training addressing specific criminal or policing thematic areas where training at Union level can add value;

(d) devise specific common deleted deleted

curricula for law enforcement Same amendment by the EP and the officers to train them for Council, so the compromise text would be:

participation in Union missions;

ANNEX 2 DGD 1C LIMITE EN

(d) devise specific common curricula for law

enforcement officers to train them for

participation in Union missions;

(e) support Member States and (e) develop, coordinate and (e) develop and coordinate

Union bodies in law enforcement implement training to support training aimed to support Member Compromise text following the trilogue on capacity-building activities in Member States and Union bodies States and Union bodies in training 21/04/2015 and the technical meeting on third countries; in training law enforcement law enforcement officials for 24/04/2015:

officials for participation in participation in Union missions

Union missions and law and law enforcement capacity(e) develop, implement and coordinate enforcement capacity-building training aimed to support Member States building activities in third

activities in third countries; countries; and Union bodies in training law enforcement officials for participation in

Union missions and law enforcement capacity-building activities in third countries;

(f) train trainers and assist in improving and exchanging good learning practices.

• 2. 

  CEPOL shall develop and 2. CEPOL shall develop and

regularly update learning tools regularly update learning tools and Compromise text following the trilogue on and methodologies and apply methodologies and apply these in a 21/04/2015 and the technical meetings on these in a lifelong learning lifelong learning perspective to 24/04/2015 and on 11/05/2015 (as the EP perspective to strengthen the believes that CEPOL should be working on strengthen the skills of law skills of law enforcement officers. enforcement officers officials. the qualitative improvement of its training CEPOL shall evaluate the results CEPOL shall evaluate the results of tools):

of these actions with a view to these actions with a view to

enhancing the quality, coherence enhancing the quality, coherence 2. CEPOL shall develop and regularly and effectiveness of future and effectiveness of future actions update upgrade learning tools and

actions. at Union level. methodologies and apply these in a lifelong learning perspective to strengthen the skills

of law enforcement officers officials. CEPOL shall evaluate the results of these

ANNEX 2 DGD 1C LIMITE EN

actions with a view to enhancing the quality, coherence and effectiveness of future actions at Union level.

• 3. 

  CEPOL shall bring together the 3. CEPOL shall bring together the

network of training institutes of network of training institutes of the Compromise text following the trilogue on the Member States for law Member States for law enforcement 21/04/2015 and the technical meeting on enforcement officers and shall officers officials and shall liaise 24/04/2015:

liaise with a single National unit with a single National unit in each

in each Member State functioning Member State functioning within 3. CEPOL shall bring together the a network within the network, and all other of training institutes of the Member States the network, and all other competent authorities in the for law enforcement officers officials and competent authorities in the Member States whose tasks Member States whose tasks include shall liaise with a single National unit in include the training of law the training of law enforcement each Member State functioning within the

enforcement officers officers. network, and all other competent authorities in the Member States whose tasks include

the training of law enforcement officers.

• 4. 

  The learning activities referred 4. The learning activities referred to

to in paragraph 1 shall be Compromise text following the trilogue on in paragraph 1 shall be implemented by CEPOL in implemented carried out by 21/04/2015 and the technical meeting on cooperation with the network of CEPOL in cooperation with the 24/04/2015:

training Institutes of the Member network of training Iinstitutes of

States in accordance with the the Member States in accordance 4. The learning activities referred to in financial rules applicable to with the financial rules applicable paragraph 1 shall be implemented carried

CEPOL. to CEPOL. out by CEPOL in cooperation with the network of training Iinstitutes of the

Member States in accordance with the financial rules applicable to CEPOL.

Article 4

Tasks

• 1. 

  CEPOL shall prepare multi

ANNEX 2 DGD 1C LIMITE EN

annual strategic training needs analyses and multi-annual learning programmes.

• 2. 

  CEPOL shall develop and 2. CEPOL shall support, develop, Compromise text following the trilogue on implement training activities and and implement provide and 21/04/2015 and the technical meeting on learning products, which may coordinate training activities and 24/04/2015: include: learning products, where training

  at Union level can add value, 2. CEPOL shall support, develop, and which may include: implement provide and coordinate training

  activities and learning products, where training at Union level can add value, which may include:

(a) courses, seminars, (a) courses, seminars, conferences, Compromise text following the trilogues on conferences, web-based and eas well as web-based and e 21/04/2015 and on 05/05/2015 and the learning activities; learning activities; technical meetings on 24/04/2015 and on

11/05/2015 (as the EP believes that CEPOL

should provide innovative and advanced

training activities):

(a) courses, seminars, conferences, as well as web-based, and e-learning and other innovative and advanced activities;

(b) common curricula to raise (b) common curricula to raise (b) common curricula, aimed at Compromise text following the trilogue on awareness, address gaps and/or awareness and knowledge, providing recommendations about 21/04/2015 and the technical meeting on facilitate a common approach in address gaps and/or facilitate a law enforcement training on 24/04/2015: relation to cross-border criminal common approach in relation to specific subjects with EU

phenomena; cross-border criminal phenomena, dimension to raise awareness, (b) common curricula, aimed at providing in particular with regard to address gaps and/or facilitate a recommendations about for law

terrorism, cybercrime, financial common approach in relation to enforcement training on specific subjects investigation, and participation with EU dimension to raise awareness,

ANNEX 2 DGD 1C LIMITE EN

in Union missions; cross-border criminal phenomena; address gaps and/or facilitate a common approach in relation to cross-border criminal phenomena;

(c) training modules graduated according to progressive stages or levels of complexity of skills needed by the relevant target group, and focused either on a defined geographical region, a specific thematic area of criminal activity or on a specific set of professional skills;

(d) exchange and secondment (d) exchange and secondment Compromise text following the trilogue on programmes of law enforcement programmes of law enforcement 21/04/2015 and the technical meeting on officers in the context of an officers as well as study visits in 24/04/2015: operational based training the context of law enforcement an

approach. operational based training (d) exchange and secondment programmes approach. of law enforcement officers as well as study

visits in the context of law enforcement an operational based training approach.

2a. CEPOL’s training activities Compromise text following the trilogue on and learning products may be 21/04/2015 and the technical meeting on supported, enhanced and 24/04/2015: completed by the operation of an

electronic network. 2a. CEPOL’s training activities and

learning products may be supported, enhanced and completed by the operation of an electronic network.

• 3. 

  To ensure a coherent European 3. To ensure a coherent European Compromise text following the trilogue on

ANNEX 2 DGD 1C LIMITE EN

training policy to support training policy to CEPOL shall 21/04/2015 and the technical meeting on missions and capacity-building in support Union missions and 24/04/2015: third countries CEPOL shall: capacity-building in third countries

CEPOL shall by: 3. To ensure a coherent European training

policy to CEPOL shall support Union missions and capacity-building in third countries CEPOL shall by:

(a) assess the impact of existing (a) assessing, in coordination with Compromise text following the trilogue on Union-related law enforcement other relevant Union bodies, the 21/04/2015 and the technical meeting on training policies and initiatives; impact of existing Union-related 24/04/2015:

law enforcement training policies

and initiatives; (a) assessing, in coordination with other

relevant Union bodies, the impact of existing Union-related law enforcement training policies and initiatives;

(b) develop and provide training (b) developing and providingde Compromise text following the trilogue on to prepare Member States’ law training to prepare Member States’ 21/04/2015 and the technical meeting on enforcement officers for law enforcement officers officials 24/04/2015: participation in Union missions, for participation in Union missions,

including to enable them to including to enable them to acquire (b) developing and providingde training to acquire relevant language skills, relevant language skills, in prepare Member States’ law enforcement in coordination with the European coordination with the European officers officials for participation in Union Security and Defence College;; Security and Defence College and missions, including to enable them to

existing initiatives in the Member acquire relevant language skills, in States; coordination with the European Security and

Defence College and existing initiatives in the Member States;

(c) develop and provide training (c) developing and providingde Compromise text following the trilogue on for law enforcement officers from training for law enforcement 21/04/2015 and the technical meeting on third countries, in particular from officers officials from third 24/04/2015:

ANNEX 2 DGD 1C LIMITE EN

the countries that are candidates countries, in particular from the

for accession to the Union and the countries that are candidates for (c) developing and providingde training for countries under the European accession to the Union and the law enforcement officers officials from third Neighbourhood Policy; countries under the European countries, in particular from the countries

Neighbourhood Policy; and/or that are candidates for accession to the Union and the countries under the European

Neighbourhood Policy; and/or

(d) manage dedicated Union (d) managinge dedicated Union Compromise text following the trilogue on External Assistance funds to External Assistance funds to assist 21/04/2015 and the technical meeting on assist third countries in building third countries in building their 24/04/2015: their capacity in relevant policy capacity in relevant law

areas, in line with the established enforcement policy areas, in line (d) managinge dedicated Union External priorities of the Union. with the established priorities of Assistance funds to assist third countries in

the Union. building their capacity in relevant law

enforcement policy areas, in line with the established priorities of the Union.

• 4. 

  CEPOL shall promote the 4. CEPOL shall may promote the Compromise text following the trilogue on mutual recognition of law mutual recognition of law 21/04/2015 and the technical meeting on enforcement training in Member enforcement training in Member 24/04/2015:

States and related existing States and the recognition by

European quality standards. Member States of training 4. CEPOL shall may promote the mutual provided at Union level and related recognition of law enforcement training in existing European quality Member States and the recognition by

standards. Member States of training provided at

Union level with due regard to the principle

of subsidiarity and related existing

European quality standards.

• 5. 

  CEPOL may engage in 5. CEPOL may engage in Compromise text following the trilogue on communication activities on its communication activities on its 21/04/2015 and the technical meeting on own initiative in the fields within own initiative in the fields within 24/04/2015:

ANNEX 2 DGD 1C LIMITE EN

its mandate. Communication its mandate. Communication

activities shall not be detrimental activities shall not be detrimental 5. CEPOL may engage in communication to the tasks referred to in to the tasks referred to in activities on its own initiative in the fields paragraph 1 and shall be carried paragraph 1 and shall be carried within its mandate. Communication out in accordance with relevant out in accordance with relevant activities shall not be detrimental to the communication and dissemination communication and dissemination tasks referred to in paragraph 1 and shall be plans adopted by the Management plans adopted by the Management carried out in accordance with relevant

Board. Board. communication and dissemination plans adopted by the Management Board.

Article 5

Research relevant for training

• 1. 

  CEPOL shall contribute to the 1. CEPOL shall contribute to the 1. CEPOL shall contribute to and Compromise text following the technical development of research relevant development of research relevant encourage the development of meeting on 11/05/2015: for training activities covered by for training activities covered by research relevant for training this Regulation particularly with this Regulation may carry out, regard to the fight against serious cooperate with or encourage

  activities covered by this 1. CEPOL shall contribute to and

crime and more general cross scientific research and surveys,

Regulation particularly with regard encourage the development of research

border criminal matters in preparatory studies and

to the fight against serious crime relevant for training activities covered by

training activities. feasibility studies, including,

and more general cross border this Regulation particularly with regard to

where appropriate and criminal matters in training the fight against serious crime and more compatible with its priorities and activities within the scope of general cross border criminal matters in its annual work programme, at CEPOL's objectives as set out in training activities within the scope of the request of the European Article 3(1) and shall disseminate CEPOL's objectives as set out in Article Parliament, the Council or the research findings. 3(1) and shall disseminate research Commission, particularly with findings. For this purpose, CEPOL may regard to the fight against serious carry out relevant surveys and develop crime and more general cross repositories of available research as well as border criminal matters in training law enforcement training needs.

activities. To carry out those tasks, CEPOL may manage dedicated Union research funds.

ANNEX 2 DGD 1C LIMITE EN

• 2. 

  CEPOL shall promote and 2. CEPOL shall promote and Compromise text following the trilogue on establish a partnership with Union establish a partnership with Union 21/04/2015 and the technical meeting on bodies as well as with public and bodies as well as with public and 24/04/2015: private academic institutions and private academic institutions and

shall encourage the creation of shall may encourage the creation of 2. CEPOL shall promote and establish a stronger partnerships between stronger partnerships between partnership with Union bodies as well as universities and law enforcement universities and law enforcement with public and private academic institutions training institutes in Member training institutes in Member and shall may encourage the creation of

States. States. stronger partnerships between universities

and law enforcement training institutes in Member States.

CHAPTER II

COOPERATION BETWEEN MEMBER STATES AND

CEPOL Article 6

CEPOL National Units

• 1. 

  Each Member State shall 1. Each Member State shall Compromise text following the trilogue on establish or designate a national establish or designate a national 21/04/2015 and the technical meeting on unit responsible for carrying out unit, which shall be the liaison 24/04/2015: the tasks set out in this Article. body within the network of

An official shall be appointed in CEPOL bringing together the 1. Each Member State shall establish or each Member State as the Head of training institutes for law designate a national unit, which shall be the the national unit. The Head of the enforcement officials in Member liaison body within the network of national unit shall be the National States responsible for carrying out CEPOLbringing together the within its contact point of CEPOL. Where the tasks set out in this Article. An network of national training institutes for possible, the Head of the national official shall be appointed in each law enforcement officials in Member States unit shall be the Member State's Member State as the Head of the responsible for carrying out the tasks set out

in this Article. An official shall be appointed

ANNEX 2 DGD 1C LIMITE EN

representative at the Management national unit. The Head of the in each Member State as the Head of the

Board. national unit shall be the National national unit. The Head of the national unit contact point of CEPOL. Where shall be the National contact point of

possible, the Head of the national CEPOL. Where possible, the Head of the unit shall be the Member State's national unit shall be the Member State's representative at the Management representative at the Management Board. Board.

• 2. 

  The national units shall: 2. The national units shall in Compromise text following the technical particular: meeting on 01/04/2015:

  • 2. 

    The national units shall in particular:

• a) 

  on their own initiative supply a) on their own initiative supply Compromise text following the technical

CEPOL with the information CEPOL with the information meeting on 01/04/2015: necessary for it to carry out its necessary for it to carry out its

tasks; tasks; a) on their own initiative supply CEPOL

with the information necessary for it to carry

out its tasks;

• b) 

  contribute to CEPOL’s effective communication and cooperation with all relevant training institutes, including relevant research institutes within the Member States;

• c) 

  contribute to and promote

CEPOL’s work programmes, annual calendars and web-site;

• d) 

  respond to requests for d) respond to process the requests Compromise text following the technical information and advice from for information and advice from meeting on 01/04/2015:

ANNEX 2 DGD 1C LIMITE EN

CEPOL; CEPOL; d) respond to process the requests for

information and advice from CEPOL;

• e) 

  organise and coordinate

appropriate nominations of Compromise text following the technical participants and experts for meeting on 01/04/2015, including both the activities at the national level in a EP amendment in paragraph 3(b) and the timely manner; Council's amendment in this paragraph:

• e) 

  organise and coordinate appropriate nominations of participants and experts for activities at the national level in a timely and transparent manner;

• f) 

  coordinate the implementation

of activities and meetings within Compromise text following the technical their Member State; meeting on 01/04/2015:

• f) 

  coordinate the implementation of activities and meetings within their Member State;

• g) 

  provide support in the

establishment and implementation Compromise text following the technical of exchange programme for law meeting on 01/04/2015:

enforcement officials; g) provide support in the establishment and

implementation of exchange programme for law enforcement officials;

• h) 

  promote the use of CEPOL’s

electronic network for the training Compromise text following the technical of law enforcement officials. meeting on 01/04/2015:

• h) 

  promote the use of CEPOL’s electronic network for the training of law

ANNEX 2 DGD 1C LIMITE EN

enforcement officials.

• 3. 

  The Heads of the national units 3. The Heads representatives of the Compromise text following the technical shall meet on a regular basis, at national units shall meet on a meeting on 01/04/2015: the request of the Management regular basis, at the request of the

Board or the Executive Director, Management Board, or the 3. The Heads representatives of the national to assist CEPOL with operational Executive Director or at their own units shall meet on a regular basis, at the matters, and in particular to: initiative, with regard to assist request of the Management Board, or the

CEPOL’s with operational and Executive Director or at their own educational matters, and in initiative, with regard to assist CEPOL’s particular to: with operational and educational matters,

and in particular to:

• a) 

  consider and develop proposals a) consider and develop proposals Compromise text following the technical that improve CEPOL's that improve CEPOL's operational meeting on 01/04/2015: operational effectiveness and effectiveness and encourage

encourage commitment from commitment from Member States.; a) consider and develop proposals that

Member States; improve CEPOL's operational effectiveness

and encourage commitment from Member States.;

• b) 

  organise and coordinate b) organise and coordinate deleted Compromise text following the technical appropriate nominations of appropriate nominations of meeting on 01/04/2015 (see also explanation participants for activities at the participants for activities at the in relation to paragraph 2(b) above): national level in a timely manner; national level in a timely

  transparent manner; b) organise and coordinate appropriate

  nominations of participants for activities at the national level in a timely manner;

• c) 

  coordinate the implementation deleted Compromise text following the technical of activities and meetings within meeting on 01/04/2015: their Member State;

  • c) 

    coordinate the implementation of

ANNEX 2 DGD 1C LIMITE EN

activities and meetings within their Member

State;

• d) 

  provide support in the deleted Compromise text following the technical establishment of exchange meeting on 01/04/2015: programme for law enforcement

officers d) provide support in the establishment of

exchange programme for law enforcement officers

• 4. 

  Each Member State shall 4. Each Member State shall 4. Each Member State shall Compromise text following the technical structure the organisation and the structure the organisation and the structure determine the meeting on 01/04/2015: staff of the national unit staff of the national unit according organisation and the staff of the

according to its national to its national legislation, taking national unit according to its 4. Each Member State shall structure legislation. into account this Regulation and national legislation law and determine the organisation and the staff of

the Treaties applicable in each resources. the national unit according to its national case. legislation law and resources.

CHAPTER III

ORGANISATION OF CEPOL

Article 7

Administrative and Administrative and management Compromise text following the technical management structure structure of CEPOL meeting on 01/04/2015:

Administrative and management structure of CEPOL

The administrative and management structure of CEPOL shall comprise:

ANNEX 2 DGD 1C LIMITE EN

(a) a Management Board, which (a) a Management Board, which Compromise text following the technical shall exercise the functions set shall exercise the functions set out meeting on 01/04/2015: out in Article 9; in Article 9;

(a) a Management Board, which shall exercise the functions set out in Article 9;

(b) an Executive Director who (b) an Executive Director who shall Compromise text following the technical shall exercise the responsibilities exercise the responsibilities set out meeting on 01/04/2015: set out in Article 14; in Article 14;

(b) an Executive Director who shall exercise

the responsibilities set out in Article 14;

(c) a Scientific Committee for (c) a Scientific Committee for Compromise text following the trilogue on Training in accordance with Training, if established by the 05/05/2015 and the technical meeting on Article 15; Management Board in accordance 11/05/2015:

with Article 15 14a; (c) if appropriate, a Scientific Committee for Training, if established by the Management Board in accordance with Article 15 14a;

(d) if appropriate, any other (d) if appropriate, any other Compromise text following the technical advisory body established by the advisory body established by the meeting on 01/04/2015:

Management Board in accordance Management Board in accordance

with Article 9(1). with Article 9(1)(p). (d) if appropriate, any other advisory body

established by the Management Board in accordance with Article 9(1)(p).

SECTION 1

MANAGEMENT BOARD

ANNEX 2 DGD 1C LIMITE EN

Article 8

Composition Composition of the Management Compromise text following the technical Board meeting on 01/04/2015:

Composition of the Management Board

• 1. 

  The Management Board shall 1. The Management Board shall be Compromise text following the trilogue on be composed of one composed of one representative 05/05/2015: representative from each Member from each Member State and two

State and two representatives of representatives of the Commission, 1. The Management Board shall be the Commission, all with voting all with voting rights. composed of one representative from each rights. Member State and two representatives of the

Commission, all with voting rights.

• 2. 

  Each member of the 2. Each member of the Compromise text following the technical

Management Board shall have an Management Board shall have an meetings on 01/04/2015 and on 24/04/2015: alternate. The alternate shall alternate member, who. The

represent the member in his/her alternate shall represent the 2. Each member of the Management Board absence. member in his/her absence. shall have an alternate member, who. The

alternate shall represent the member in his/her absence.

• 3. 

  Members of the Management 3. Members of the Management 3. Members of the Management Compromise text following the trilogue on Board and their alternates shall be Board and their alternates shall be Board and their alternates shall be 05/05/2015 (as the EP insisted on including appointed in the light of their appointed in the light of their appointed in the light of taking into the reference to gender balance in the text of knowledge in the field of training knowledge in the field of training account their knowledge in the the Regulation; note that some recent for law enforcement officers, for law enforcement officers, field of training for law Regulations on other agencies - for example, taking into account relevant taking into account relevant enforcement officers officials and, Regulation (EU) No 526/2013 i on ENISA managerial, administrative and managerial, administrative, taking into account relevant and Regulation (EU) No 100/2013 i on budgetary skills. All parties educational and budgetary skills. managerial, administrative and EMSA, already contain the standard represented in the Management All parties represented in the

Board shall make efforts to limit Management Board shall make

budgetary skills. All parties provisions on gender balance): represented in the Management

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turnover of their representatives, efforts to limit turnover of their Board shall make efforts to limit

in order to ensure continuity of representatives, in order to ensure turnover of their representatives, in 3. Members of the Management Board and the Management Board's work. continuity of the Management order to ensure continuity of the their alternates shall be appointed in the All parties shall aim to achieve a Board’s work. All parties shall Management Board's work. All light of taking into account their knowledge balanced representation between aim to achieve a balanced parties shall aim to achieve a in the field of training for law enforcement men and women on the representation between men and balanced representation between officers officials and, taking into account Management Board. women on the Management men and women on the relevant managerial, administrative and

Board. Management Board. budgetary skills. All parties represented in the Management Board shall make efforts to

limit turnover of their representatives, in order to ensure continuity of the Management Board's work. All parties shall aim to achieve The principle of a balanced representation between men and women on the Management Board shall also be taken into account.

• 4. 

  The term of office for members 4. Without prejudice to the Compromise text following the technical and alternate members shall be Member States’ and the meetings on 01/04/2015 and on 24/04/2015: four years. That term shall be Commission’s right to terminate

extendable. the mandate of their members and 4. Without prejudice to the Member States’ alternate members, their The term and the Commission’s right to terminate

of office for members and alternate the mandate of their members and members shall be four years. That alternate members, their The term of office term shall be extendable. for members and alternate members shall be

four years. That term shall be extendable.

Article 9

Functions Functions of the Management Compromise text following the technical Board meeting on 01/04/2015:

Functions of the Management Board

ANNEX 2 DGD 1C LIMITE EN

• 1. 

  The Management Board shall:

(a) adopt each year by a majority (a) adopt each year by a majority of Compromise text following the technical of two-thirds of members entitled two-thirds of its members entitled meeting on 01/04/2015: to vote and in accordance with to vote and in accordance with

Article 10, a programming Article 10, a programming (a) adopt each year by a majority of twodocument containing CEPOL's document containing CEPOL's thirds of its members entitled to vote and in multiannual programming and the multiannual programming and the accordance with Article 10, a programming annual work programme for the annual work programme for the document containing CEPOL's multiannual following year; following year; programming and the annual work

programme for the following year;

(b) adopt, by a majority of two(b) adopt, by a majority of two Compromise text following the technical thirds of members entitled to thirds of its members entitled to meeting on 01/04/2015: vote, the annual budget of vote, the annual budget of CEPOL

CEPOL and exercise other and exercise other functions in (b) adopt, by a majority of two-thirds of its functions in respect of CEPOL's respect of CEPOL's budget members entitled to vote, the annual budget budget pursuant to Chapter IV; pursuant to Chapter IV; of CEPOL and exercise other functions in

respect of CEPOL's budget pursuant to Chapter IV;

(c) adopt a consolidated annual (c) adopt a consolidated annual Compromise text following the technical activity report on CEPOL's activity report on CEPOL's meeting on 01/04/2015: activities and send it, by 1 July activities and send it, by 1 July

each year to the European each of the following year send it (c) adopt a consolidated annual activity

Parliament, the Council, the to the European Parliament and report on CEPOL's activities and send it, by Commission and the Court of national parliaments, the Council, 1 July each of the following year send it to Auditors. The consolidated the Commission and the Court of the European Parliament and national annual activity report shall be Auditors. The consolidated annual parliaments, the Council, the Commission made public; activity report shall be made and the Court of Auditors. The consolidated

public; annual activity report shall be made public;

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(d) adopt the financial rules applicable to CEPOL in accordance with Article 20;

(e) adopt an internal anti-fraud strategy, proportionate to fraud risks taking into account the costs and benefits of the measures to be implemented;

(f) adopt rules for the prevention (f) adopt internal rules for the Compromise text following the trilogue on and management of conflicts of prevention and management of 05/05/2015 and the technical meeting on interest in respect of its members, conflicts of interest in respect of its 11/05/2015: as well as members of the members, and the members of the

Scientific Committee for selection committee, as well as the (f) adopt internal rules for the prevention Training; members of the a Scientific and management of conflicts of interest in

Committee for Training, if respect of its members, and the members of

established; the selection committee, as well as the

members of the a Scientific Committee for Training, if established;

(g) adopt and regularly update the communication and dissemination plans referred to in Article 4, based on an analysis of needs;

(h) adopt its rules of procedure;

(i) in accordance with paragraph

2, exercise, with respect to the staff of CEPOL, the powers conferred by the Staff

Regulations on the Appointing

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Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to

Conclude a Contract of

Employment 19 ("the appointing

authority powers");

19 Regulation (EEC, Euratom,

ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of

Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56,

4.3.1968, p. 1)

(i') for the programming of 2016 deleted Compromise text following the technical adopt the multiannual staff policy meeting on 01/04/2015: plan, after taking into account the

opinion of the Commission 20 (i') for the programming of 2016 adopt the multiannual staff policy plan, after taking

into account the opinion of the

Commission 20

20 As foreseen in the revised FFR

(Commission Delegated

Regulation (EU) No 1271/2013 i) information contained in current

MSPP is part of new programming document referred to in Article 9(1)(a). New programming rules apply as of 1

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January 2016; 2017 is the first year covered by new programming document. Thus the obligation for separate adoption of the MSPP exists only up to programming for 2016.

(j) adopt appropriate implementing rules giving effect to the Staff Regulations and the

Conditions of Employment of

Other Servants in accordance with Article 110 of the Staff

Regulations;

(k) establish, where relevant, an (k) establish, where relevant Compromise text following the technical internal audit capability; appropriate, an internal audit meeting on 01/04/2015:

capability;

(k) establish, where relevant appropriate, an

internal audit capability;

(ka) adopt internal rules Compromise text following the trilogue on regarding the selection procedure 02/06/2015: of the Executive Director,

including the rules on the (ka) adopt internal rules regarding the composition of the selection selection procedure of the Executive committee guaranteeing its Director, including the rules on the independence and impartiality; composition of the selection committee

guaranteeing its independence and impartiality;

(l) appoint the Executive Director and where relevant extend his/her

ANNEX 2 DGD 1C LIMITE EN

term of office or remove him/her from office in accordance with

Article 22;

(m) appoint an Accounting (m) appoint an Aaccounting Compromise text following the technical

Officer, subject to the Staff Oofficer, subject to the Staff meeting on 01/04/2015:

Regulations and the Conditions of Regulations and the Conditions of

Employment of other servants, Employment of other servants, who (m) appoint an Aaccounting Oofficer, who shall be totally independent shall be totally functionally subject to the Staff Regulations and the in the performance of his/her independent in the performance of Conditions of Employment of other duties; his/her duties; servants, who shall be totally functionally

independent in the performance of his/her duties;

(n) appoint the members of the (n) if appropriate and taking into Compromise text following the trilogue on Scientific Committee for Training consideration business 05/05/2015 and the technical meeting on

requirements and financial 11/05/2015: resources, establish a Scientific

Committee for Training in (n) if appropriate and taking into accordance with Article 14a and consideration business requirements and appoint the its members in financial resources, decide on establishing accordance with Article 15(2)of a Scientific Committee for Training in

the Scientific Committee for accordance with Article 14a and appoint

Training; the its members in accordance with Article

15(2)of the Scientific Committee for Training;

(o) ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European

ANNEX 2 DGD 1C LIMITE EN

Anti-fraud Office (OLAF);

(p) take all decisions, taking into (p) take all decisions, taking into Compromise text following the technical consideration both business and consideration both business and meeting on 01/04/2015: financial requirements, upon on financial requirements, upon on the

the establishment of CEPOL's establishment of CEPOL's internal (p) take all decisions, taking into internal structures and, where structures and, where necessary, consideration both business and financial necessary, their modification. their modification.; requirements, upon on the establishment of

CEPOL's internal structures and, where necessary, their modification.;

(pa) decide upon the conclusion of Compromise text following the technical working arrangements in meeting on 01/04/2015: accordance with Article 33; (pa) decide upon the conclusion of working arrangements in accordance with Article 33;

(pb) adopt common curricula, Compromise text following the technical training modules, learning meeting on 01/04/2015: methods and any other learning

and teaching tools; (pb) adopt common curricula, training

modules, learning methods and any other learning and teaching tools;

(q) adopt, where appropriate, other internal rules.

• 2. 

  The Management Board shall 2. The Management Board shall Compromise text following the technical adopt, in accordance with Article adopt, in accordance with Article meeting on 01/04/2015:

110 of the Staff Regulations, a 110 of the Staff Regulations, a

decision based on Article 2(1) of decision based on Article 2(1) of 2. The Management Board shall adopt, in the Staff Regulations and on the Staff Regulations and on Article accordance with Article 110 of the Staff

ANNEX 2 DGD 1C LIMITE EN

Article 6 of the Conditions of 6 of the Conditions of Employment Regulations, a decision based on Article

Employment of Other Servants, of Other Servants, delegating 2(1) of the Staff Regulations and on Article delegating relevant appointing relevant appointing authority 6 of the Conditions of Employment of Other authority powers to the Executive powers to the Executive Director Servants, delegating relevant appointing Director and defining the and defining the conditions under authority powers to the Executive Director conditions under which this which this such delegation of and defining the conditions under which this delegation of powers can be powers can may be suspended. The such delegation of powers can may be suspended. The Executive Executive Director shall be suspended. The Executive Director shall be Director shall be authorised to authorised to sub-delegate those authorised to sub-delegate those powers. sub-delegate those powers. powers.

• 3. 

  Where exceptional circumstances so require, the

Management Board may by way of a decision temporarily suspend the delegation of the appointing authority powers to the Executive

Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.

Article 10

Annual and multi-annual programming

• 1. 

  The Management Board shall 1.The Management Board shall Compromise text following the technical adopt the multiannual programme adopt the programming document meeting on 01/04/2015: and the annual work programme containing multiannual

at the latest by 30 November each programminge and the annual work 1.The Management Board shall adopt the year, based on a draft put forward programme at the latest by 30 programming document containing

ANNEX 2 DGD 1C LIMITE EN

by the Executive Director, taking November each year, based on a multiannual programminge and the annual into account the opinion of the draft put forward by the Executive work programme at the latest by 30

Commission and in relation to the Director, taking into account the November each year, based on a draft put multiannual programming after opinion of the Commission and in forward by the Executive Director, taking consulting the European relation to the multiannual into account the opinion of the Commission Parliament and national programming after consulting the and in relation to the multiannual

Parliaments. The Management European Parliament and national programming after consulting the European Board shall forward the Parliaments. The Management Parliament and national Parliaments. The programming document to the Board shall forward the Management Board shall forward the

European Parliament, the programming document to the programming document to the European

Council, the Commission and European Parliament, the Council, Parliament, the Council, the Commission national Parliaments. the Commission and national and national Parliaments.

Parliaments.

The programming document shall become definitive after final adoption of the general budget and, if necessary, shall be adjusted accordingly.

• 2. 

  The multi-annual programme 2. The multi-annual programmeing Compromise text following the technical shall set out overall strategic shall set out overall strategic meeting on 01/04/2015: programming including programming including objectives,

objectives, expected results and expected results and performance 2. The multi-annual programmeing shall set performance indicators. It shall indicators. It shall also set out out overall strategic programming including also set out resource planning resource planning including multiobjectives, expected results and performance including multi-annual budget annual budget and staff. It shall indicators. It shall also set out resource and staff. It shall include the include the strategy for relations planning including multi-annual budget and strategy for relations with third with third countries or and staff. It shall include the strategy for countries or international international organisations. relations with third countries or and organisations. international organisations.

ANNEX 2 DGD 1C LIMITE EN

The multi-annual programming shall be implemented through annual work programmes and shall, where appropriate, be updated following the outcome of external and internal evaluations referred to in Article 31. The conclusion of these evaluations shall also be reflected, where appropriate, in the annual work programme for the following year.

• 3. 

  The annual work programme 3. The annual work programme Compromise text following the technical shall comprise detailed objectives shall comprise detailed objectives meeting on 01/04/2015: and expected results including and expected results including

performance indicators. It shall performance indicators. It shall also 3. The annual work programme shall also contain a description of the contain a description of the actions comprise detailed objectives and expected actions to be financed and an to be financed and an indication of results including performance indicators. It indication of the financial and the financial and human resources shall also contain a description of the actions human resources allocated to each allocated to each action, in to be financed and an indication of the action, in accordance with the accordance with the principles of financial and human resources allocated to principles of activity-based activity-based budgeting and each action, in accordance with the budgeting and management. The management. The annual work principles of activity-based budgeting and annual work programme shall be programme shall be coherent with management. The annual work programme coherent with the multi-annual the multi-annual work shall be coherent with the multi-annual work work programme referred to in programmeing referred to in programmeing referred to in paragraphs 1 paragraphs 1 and 2. It shall paragraphs 1 and 2. It shall clearly and 2. It shall clearly indicate tasks that have clearly indicate tasks that have indicate tasks that have been added, been added, changed or deleted in been added, changed or deleted in changed or deleted in comparison comparison with the previous financial year. comparison with the previous with the previous financial year. The Aannual and/or multi- annual financial year. Annual and/or The Aannual and/or multi- annual programming work programme shall

ANNEX 2 DGD 1C LIMITE EN

multi- annual programming shall programming work programme include the strategy for relations with third include the strategy for relations shall include the strategy for countries or and international organisations with third countries or relations with third countries or and referred to in Article 3 and the actions linked international organisations international organisations referred to that strategy. referred to in Article 3 and the to in Article 3 and the actions actions linked to that strategy. linked to that strategy.

• 4. 

  The Management Board shall amend the adopted annual work programme when a new task is given to CEPOL.

Any substantial amendment to the 5. Any substantial amendment to Compromise text following the technical annual work programme shall be the annual work programme shall meeting on 01/04/2015: adopted by the same procedure as be adopted by the same procedure

the initial annual work as the initial annual work 5. Any substantial amendment to the annual programme. The Management programme. The Management work programme shall be adopted by the Board may delegate the power to Board may delegate the power to same procedure as the initial annual work make non-substantial make non-substantial amendments programme. The Management Board may amendments to the annual work to the annual work programme to delegate the power to make non-substantial programme to the Executive the Executive Director. amendments to the annual work programme Director. to the Executive Director.

Article 11

Chairperson Chairperson of the Management Compromise text following the technical Board meeting on 01/04/2014:

Chairperson of the Management Board

• 1. 

  The Management Board shall 1. The Management Board shall Compromise text following the trilogue on elect a Chairperson and a Deputy elect a Chairperson and a Deputy 02/06/2014:

Chairperson from among Chairperson from among its

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members with voting rights. The members with voting rightswithin

Chairperson and the Deputy the group of three Member States 1. The Management Board shall elect a

Chairperson shall be elected by a who have jointly prepared the Chairperson and a Deputy Chairperson from majority of two thirds of the Council’s eighteen-month among its members with voting rightswithin members of the Management programme. They shall serve for the group of three Member States who have Boards with voting rights. the eighteen-month period jointly prepared the Council’s eighteencorresponding

to that Council month programme. They shall serve for the programme. If, however, their eighteen-month period corresponding to membership of the Management that Council programme. If, however, their Board ends at any time during membership of the Management Board their term of office, their term of ends at any time during their term of office, office shall automatically expire their term of office shall automatically on that date. expire on that date.

1a. The Chairperson and the 1a. The Chairperson and the Deputy Deputy Chairperson shall be Chairperson shall be elected by a majority of elected by a majority of two thirds two thirds of the members of the of the members of the Management Management Boards with voting rights.

Boards with voting rights.

The Deputy Chairperson shall 1b. The Deputy Chairperson shall 1b. The Deputy Chairperson shall automatically replace the automatically replace the automatically replace the Chairperson if Chairperson if he/she is prevented Chairperson if he/she is prevented he/she is prevented from attending to his/her from attending to his/her duties. from attending to his/her duties. duties.

• 2. 

  The term of office of the deleted deleted

Chairperson and the deputy

Chairperson shall be 4 years.

Their term of office may be renewed once. If, however, their membership of the Management

Board ends at any time during their term of office, their term of

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office shall automatically expire on that date.

Article 12

Meetings Meetings of the Management Compromise text following the technical Board meeting on 01/04/2015:

Meetings of the Management Board

• 1. 

  The Chairperson shall convene 1. The Chairperson shall convene Compromise text following the technical meetings of the Management the meetings of the Management meeting on 01/04/2015:

Board. Board.

• 1. 

  The Chairperson shall convene the meetings of the Management Board.

• 2. 

  The Executive Director of 2. The Executive Director of Compromise text following the technical

CEPOL shall take part in the CEPOL shall take part in the meeting on 01/04/2015: deliberations, but shall not have deliberations, but shall not have the

the right to vote. right to vote. 2. The Executive Director of CEPOL shall

take part in the deliberations, but shall not have the right to vote.

• 3. 

  The Management Board shall 3. The Management Board shall Compromise text following the technical hold two ordinary meetings a hold two ordinary meetings a year. meeting on 01/04/2015: year. In addition, it shall meet on In addition, it shall meet on the

the initiative of its Chairperson, at initiative of its Chairperson, or at 3. The Management Board shall hold two the request of the Commission, or the request of the Commission, or ordinary meetings a year. In addition, it shall at the request of at least one-third at the request of at least one-third meet on the initiative of its Chairperson, or of its members. of its members. at the request of the Commission, or at the

request of at least one-third of its members.

• 4. 

  The Management Board may 4. The Management Board and the Compromise text following the technical

ANNEX 2 DGD 1C LIMITE EN

invite any person whose opinion Executive Director may invite any meeting on 01/04/2015: may be relevant for the discussion person whose opinion may be

to attend its meetings as an relevant for the discussion to attend 4. The Management Board and the observer. its meetings as an non-voting Executive Director may invite any person

observer. whose opinion may be relevant for the

discussion to attend its meetings as an nonvoting observer.

• 5. 

  The members of the 5. The members or the alternate Compromise text following the technical

Management Board may, subject members of the Management Board meeting on 01/04/2015: to its Rules of Procedure, be may, subject to its Rules of

assisted at the meetings by Procedure, be assisted at the 5. The members or the alternate members advisers or experts. meetings by advisers or experts. of the Management Board may, subject to its

Rules of Procedure, be assisted at the meetings by advisers or experts.

• 6. 

  CEPOL shall provide the secretariat for the Management

Board.

Article 13

Voting rules Voting rules of the Management Compromise text following the technical Board meeting on 01/04/2015:

Voting rules of the Management Board

• 1. 

  Without prejudice to Articles 9 1. Without prejudice to Articles 9 Compromise text following the technical

• (1) 

  (a) and (b) and Article 22 (7), (1) (a), and (b), Article 11 (1), meeting on 01/04/2015: the Management Board shall take Article 14a, and Article 22 (7) and

decisions by majority of members Article 26 (2), the Management 1. Without prejudice to Articles 9 (1) (a), with voting rights. Board shall take decisions by and (b), Article 11 (1), Article 14a, and

majority of its members with voting Article 22 (7) and Article 26 (2), the

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rights. Management Board shall take decisions by majority of its members with voting rights.

• 2. 

  Each member with voting 2. Each member with voting Compromise text following the technical rights shall have one vote. In the rights shall have one vote. In the

  • 2. 

    Each member with voting rights meeting on 01/04/2015 and on 24/04/2015:

absence of a member with the absence of a member with the

shall have one vote. In the absence

right to vote, his/her alternate right to vote, his/her alternate

of a voting member with the right 2. Each member with voting rights shall

shall be entitled to exercise shall be entitled to exercise his/her

to vote, his/her alternate shall be

entitled to exercise his/her right to have one vote. In the absence of a voting

his/her right to vote. right to vote, only if having a mandate from the member with vote. member with the right to vote, his/her the right to vote. alternate shall be entitled to exercise his/her right to vote.

• 3. 

  The Chairperson shall take part deleted Compromise text following the technical in the voting. meeting on 01/04/2015:

  • 3. 

    The Chairperson shall take part in the voting.

• 4. 

  The Executive Director shall not take part in the voting.

• 5. 

  The Management Board's rules of procedure shall establish more detailed voting arrangements, in particular the circumstances in which a member may act on behalf of another member.

  SECTION 2

EXECUTIVE DIRECTOR

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Article 14

Responsibilities of the Executive Director

• 1. 

  The Executive Director shall manage CEPOL. The Executive

Director shall be accountable to the Management Board.

• 2. 

  Without prejudice to the 2. Without prejudice to the Compromise text following the technical powers of the Commission and powers of the Commission and meeting on 01/04/2015: the Management Board, the the Management Board, tThe

Executive Director shall be Executive Director shall be 2. Without prejudice to the powers of the independent in the performance independent in the performance of Commission and the Management Board, of the duties and shall neither the duties and shall neither seek the Executive Director shall be independent seek nor take instructions from nor take instructions from any in the performance of the duties and shall any government nor from any government nor from any other neither seek nor take instructions from any other body. body. government nor from any other body.

• 3. 

  The Executive Director shall report to the European Parliament on the performance of the duties when invited to do so. The

Council may invite the Executive

Director to report on the performance of his/her duties.

• 4. 

  The Executive Director shall be the legal representative of

CEPOL.

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4a. The Executive Director may Compromise text following the technical delegate his/her powers to a meeting on 11/05/2015 (as both the EP and member of CEPOL staff in case of COM suggested that such a provision is his/her absence. more appropriate for the internal rules of the agency and that it is not usual to regulate this in the founding act of an agency):

4a. The Executive Director may delegate his/her powers to a member of CEPOL staff in case of his/her absence.

• 5. 

  The Executive Director shall be 5. The Executive Director shall be Compromise text following the technical responsible for the responsible for the meeting on 01/04/2015: implementation of the tasks implementation of the tasks

assigned to CEPOL by this assigned to CEPOL by this 5. The Executive Director shall be

Regulation. In particular, the Regulation. In, in particular, the responsible for the implementation of the

Executive Director shall be Executive Director shall be tasks assigned to CEPOL by this Regulation. responsible for: responsible for: In, in particular, the Executive Director shall

be responsible for:

(a) the day-to-day administration of CEPOL;

(b) making proposals to the (b) making proposals to the Compromise text following the technical

Management Board as regards the Management Board as regards the meeting on 01/04/2015: establishment of CEPOL’s establishment of CEPOL’s internal

internal structures; structures and, where necessary, (b) making proposals to the Management their modification; Board as regards the establishment of

CEPOL’s internal structures and, where necessary, their modification;

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(c) implementing decisions adopted by the Management

Board;

(d) preparing the draft annual (d) preparing the draft annual work Compromise text following the technical work programme and multiprogramme and multi-annual meeting on 01/04/2015: annual programming and programming and submitting them

submitting them to the to the Management Board after (d) preparing the draft annual work

Management Board after consulting the Commission;; programme and multi-annual programming consulting the Commission;; and submitting them to the Management

Board after consulting the Commission;;

(e) implementing the annual work programme and the multi-annual programming and reporting to the

Management Board on their implementation;

(f) preparing appropriate draft (f) preparing appropriate draft Compromise text following the technical implementing rules for giving implementing rules for giving meeting on 01/04/2015: effect to the Staff Regulations and effect to the Staff Regulations and

the Conditions of Employment of the Conditions of Employment of (f) preparing appropriate draft implementing Other Servants in accordance Other Servants in accordance with rules for giving effect to the Staff with Article 110 of the Staff Article 110 of the Staff Regulations and the Conditions of

Regulations Regulations; Employment of Other Servants in

accordance with Article 110 of the Staff Regulations;

(g) preparing the draft (g) preparing the draft consolidated Compromise text following the technical consolidated annual report on annual report on CEPOL's activities meeting on 01/04/2015:

CEPOL's activities and presenting and presenting it to the

it to the Management Board for Management Board for approval (g) preparing the draft consolidated annual

report on CEPOL's activities and presenting

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approval; adoption; it to the Management Board for approval adoption;

(h) preparing an action plan following-up conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF and reporting on progress twice a year to the Commission and regularly to the Management Board;

(i) protecting the financial (i) protecting the financial interests Compromise text following the technical interests of the Union by applying of the Union by applying meeting on 01/04/2015: preventive measures against preventive measures against fraud,

fraud, corruption and any other corruption and any other illegal (i) protecting the financial interests of the illegal activities, by effective activities, without prejudice to the Union by applying preventive measures checks and, if irregularities are investigative competence of OLAF, against fraud, corruption and any other detected, by recovering amounts by effective checks and, if illegal activities, without prejudice to the wrongly paid and, where irregularities are detected, by investigative competence of OLAF, by appropriate, by imposing recovering amounts wrongly paid effective checks and, if irregularities are effective, proportionate and and, where appropriate, by detected, by recovering amounts wrongly dissuasive administrative and imposing effective, proportionate paid and, where appropriate, by imposing financial penalties; and dissuasive administrative and effective, proportionate and dissuasive

financial penalties; administrative and financial penalties;

(j) preparing a draft internal anti(j) preparing a draft internal anti Compromise text following the technical fraud strategy for CEPOL and fraud strategy for CEPOL and meeting on 01/04/2015: presenting it to the Management presenting it to the Management

Board for approval; Board for approval adoption; (j) preparing a draft internal anti-fraud

strategy for CEPOL and presenting it to the

Management Board for approval adoption;

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(k) preparing draft financial rules applicable to CEPOL;

(l) preparing CEPOL's draft statement of estimates of revenue and expenditure and implementing its budget.

(m) supporting the Chairperson of the Management Board in preparing Management Board meetings;

( n) performing other tasks stemming from this Regulation

SECTION 3

SCIENTIFIC COMMITTEE FOR TRAINING

Article 14a Compromise text following the trilogue on

05/05/2015 and the technical meeting on 11/05/2015:

Article 14a

Establishment Establishment

The Management Board may If appropriate and taking into decide by a majority of two thirds consideration business requirements and of its members to establish a financial resources, Tthe Management Scientific Committee for Training. Board may shall decide by a majority of

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The same procedure shall apply to two thirds of its members to on establishing

revoke that Committee. a Scientific Committee for Training. The

same procedure shall apply to revoke that

Committee.

Article 15

Objective and task General provisions, Oobjective General provisions, Oobjective and tasks and tasks

• 1. 

  The Scientific Committee for 1. If established by the 1. If When established by the Management Training shall be an independent Management Board, Tthe Board, Tthe Scientific Committee for advisory body guaranteeing and Scientific Committee for Training Training shall be an independent advisory guiding the scientific quality of shall be an independent advisory body guaranteeing and guiding ensuring the CEPOL’s work on training. For body guaranteeing and guiding scientific quality of CEPOL’s work on that purpose, the Executive ensuring the scientific quality of training. For that purpose, the Executive Director shall involve the CEPOL’s work on training. For that Director shall involve the Scientific

Scientific Committee for Training purpose, the Executive Director Committee for Training early on in the early on in the preparation of all shall involve the Scientific preparation of all documents referred to in documents referred to in Article 9 Committee for Training early on in Article 9 as far as they concern training. as far as they concern training. the preparation of all documents

referred to in Article 9 as far as they concern training.

• 2. 

  The Scientific Committee for 2. The Scientific Committee for 2. The Scientific Committee for Training

Training shall be composed of 11 Training shall be composed of 11 shall be composed of 11 persons of the persons of the highest academic persons of the highest academic or highest academic or professional standing or professional standing in the professional standing high level high level academics and law enforcement subjects covered by Article 4 of academics and law enforcement practitioners in the subjects covered by this Regulation. The Management practitioners in the subjects Article 4 of this Regulation. The

Board shall appoint the members covered by Article 4 of this Management Board shall appoint the following a transparent call for Regulation. The Management members following a transparent call for applications and selection Board shall appoint the members applications and selection procedure to be

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procedure to be published in the following a transparent call for published in the Official Journal of the

Official Journal of the European applications and selection European Union. The members of the

Union. The members of the procedure to be published in the Management Board shall not be members of Management Board shall not be Official Journal of the European the Scientific Committee for Training. The members of the Scientific Union. The members of the members of the Scientific Committee for Committee for Training. The Management Board shall not be Training shall be independent. They shall members of the Scientific members of the Scientific neither seek nor take instructions from any Committee for Training shall be Committee for Training. The government, nor from any other body. independent. They shall neither members of the Scientific seek nor take instructions from Committee for Training shall be any government, nor from any independent. They shall neither other body. seek nor take instructions from any

government, nor from any other body.

• 3. 

  The list of members of the deleted deleted

Scientific Committee for Training shall be made public and shall be updated by CEPOL on its website.

• 4. 

  The term of office of the deleted deleted members of the Scientific

Committee for Training shall be five years. It shall not be renewable and its members can be removed from office if they do not meet the criteria of independence.

• 5. 

  The Scientific Committee for deleted deleted

Training shall elect its

Chairperson and Deputy

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Chairperson for a term of office of five years. It shall adopt positions by simple majority. It shall be convened by its

Chairperson up to four times per year. If necessary, the

Chairperson shall convene extraordinary meetings on his/her own initiative or at the request of at least four members of the

Committee.

• 6. 

  The Executive Director or deleted deleted his/her representative shall be invited to the meetings as a nonvoting observer.

• 7. 

  The Scientific Committee for deleted deleted

Training shall be assisted by a secretary who shall be a CEPOL staff member designated by the

Committee and appointed by the

Executive Director.

• 8. 

  The Scientific Committee for 8. The Management Board shall 8. The Management Board shall entrust the Training shall, in particular: entrust the Scientific Committee Scientific Committee for Training shall, in

  for Training shall, in particular particular with, inter alia, the following with, inter alia, the following tasks: tasks:

(a) advise the Executive Director (a) to advise the Executive Director (a) to advise the Executive Director in in drafting the annual work in drafting the multiannual drafting the multiannual programming and programme and other strategic programming and annual work annual work programme and other strategic

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documents, to ensure their programme and other strategic documents, to ensure their scientific quality scientific quality and their documents, to ensure their and their coherence with relevant Union coherence with relevant Union scientific quality and their sector policies and priorities; sector policies and priorities; coherence with relevant Union

sector policies and priorities;

(b) provide independent opinion (b) to provide independent opinion (b) to provide independent opinion and and advice to the Management and advice to the Management advice to the Management Board on matters Board on matters pertaining to its Board on matters pertaining to its pertaining to its remit; remit; remit;

(c) provide independent opinion (c) to provide independent opinion (c) to provide independent opinion and and advice on the quality of and advice on the quality of advice on the quality of curricula, applied curricula, applied learning curricula, applied learning learning methods, learning options and methods, learning options and methods, learning options and scientific developments; scientific developments; scientific developments;

(d) perform any other advisory (d) to perform any other advisory (d) to perform any other advisory task task pertaining to the scientific task pertaining to the scientific pertaining to the scientific aspects of aspects of CEPOL’s work relating aspects of CEPOL’s work relating CEPOL’s work relating to training at the to training at the request of the to training at the request of the request of the Management Board or the Management Board or the Management Board or the Executive Director.

Executive Director. Executive Director.

8a. When establishing the 8a. When establishing the Scientific Scientific Committee for Training, Committee for Training, the Management the Management Board shall Board shall define its composition, the define its composition, the term of term of office of its members, the office of its members, the frequency of its meetings and its rules of frequency of its meetings and its procedure, including its voting rules. rules of procedure, including its voting rules.

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• 9. 

  The annual budget of the deleted deleted

Scientific Committee for Training shall be allocated to an individual budget line of CEPOL.

CHAPTER IV

FINANCIAL PROVISIONS

Article 16

Budget

• 1. 

  Estimates of all revenue and expenditure for CEPOL shall be prepared each financial year, corresponding to the calendar year, and shall be shown in

CEPOL's budget.

• 2. 

  CEPOL's budget shall be balanced in terms of revenue and of expenditure.

• 3. 

  Without prejudice to other resources, CEPOL's revenue shall comprise a contribution from the

Union entered in the general budget of the European Union.

• 4. 

  CEPOL may benefit from 4. CEPOL may benefit from Union Compromise text following the trilogue on Union funding in the form of funding in the form of delegation 05/05/2015 and the technical meeting on delegation agreements or ad-hoc agreements or ad-hoc and 11/05/2015 (requested by the EP, based on

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and exceptional grants in exceptional grants in accordance their initial amendment in Article 5(1) in accordance with its financial rules with its financial rules referred to in relation to research): referred to in Article 20 and the Article 20 and the provisions of the

provisions of the relevant relevant instruments supporting the 4. CEPOL may benefit from Union funding instruments supporting the policies of the Union. in the form of delegation agreements or adpolicies of the Union. hoc and exceptional grants in accordance

with its financial rules referred to in Article 20 and the provisions of the relevant instruments supporting the policies of the Union. Without prejudice to the principle of the prohibition of double financing laid down in the Financial Regulation, CEPOL may manage dedicated Union funds to perform specific activities within the scope of its objectives and tasks.

• 5. 

  The expenditure of CEPOL shall include staff remuneration, administrative and infrastructure expenses and operating costs.

• 6. 

  Budgetary commitments for actions relating to large scale projects extending over more than one financial year may be broken down over several years into annual instalments.

  Article 17

Establishment of the budget

• 1. 

  Each year, the Executive

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Director shall draw up a draft statement of estimates of

CEPOL's revenue and expenditure for the following financial year, including the establishment plan, and send it to the Management Board.

• 2. 

  The Management Board shall, on the basis of that draft, adopt a provisional draft estimate of

CEPOL's revenue and expenditure for the following financial year.

• 3. 

  The provisional draft estimate of CEPOL's revenue and expenditure shall be sent to the

Commission by 31 January each year. The Management Board shall send the final draft estimate to the Commission by 31 March.

• 4. 

  The Commission shall send the statement of estimates to the budgetary authority together with the draft general budget of the

European Union.

• 5. 

  On the basis of the statement of estimates, the Commission shall enter in the draft general budget of the European Union the

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estimates it considers necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Articles 313 and 314 of the

Treaty.

• 6. 

  The budgetary authority shall authorise the appropriations for the contribution from the European

Union to CEPOL.

• 7. 

  The budgetary authority shall adopt CEPOL's establishment plan.

• 8. 

  CEPOL's budget shall be adopted by the Management

Board. It shall become final following final adoption of the general budget of the European

Union. Where necessary, it shall be adjusted accordingly.

• 9. 

  For any building project likely to have significant implications for CEPOL's budget, the provisions of Commission

Delegated Regulation (EU) No

1271/2013 21 shall apply.

21 OJ L 328.7.12.2013, p.42

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Article 18

Implementation of the budget

• 1. 

  The Executive Director shall implement CEPOL's budget.

• 2. 

  Each year the Executive 2. Each year the Executive

Director shall send to the Director shall send to the

Compromise text following the technical

budgetary authority all budgetary authority all

meeting on 01/04/2015:

information relevant to the information relevant to the findings of any evaluation findings of any evaluation

• 2. 

  Each year the Executive Director shall

procedures. procedures and also notify the

send to the budgetary authority all

Court of Auditors. information relevant to the findings of any evaluation procedures and also notify the

Court of Auditors.

Article 19

Presentation of accounts and discharge

• 1. 

  By 1 March of the following 1. By 1 March of the following Compromise text following the technical financial year, CEPOL's financial year, CEPOL's accounting meeting on 01/04/2015: accounting officer shall send the officer shall send the provisional

provisional accounts to the accounts to the Commission's 1. By 1 March of the following financial

Commission's Accounting Officer Aaccounting Oofficer and to the year, CEPOL's accounting officer shall send and to the Court of Auditors Court of Auditors the provisional accounts to the

Commission's Aaccounting Oofficer and to the Court of Auditors.

• 2. 

  By 31 March of the following financial year, CEPOL shall send the report on the budgetary and

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financial management to the

European Parliament, the Council and the Court of Auditors.

• 3. 

  By 31 March of the following financial year, the Commission's accounting officer shall send

CEPOL's provisional accounts, consolidated with the

Commission's accounts, to the

Court of Auditors.

• 4. 

  On receipt of the Court of 4. On receipt of the Court of Compromise text following the technical

Auditors' observations on Auditors' observations on CEPOL's meeting on 01/04/2015:

CEPOL's provisional accounts provisional accounts pursuant to

pursuant to Article 148 of Article 148 of Financial 4. On receipt of the Court of Auditors'

Financial Regulation, the Regulation, the CEPOL's observations on CEPOL's provisional accounting officer shall draw up accounting officer shall draw up accounts pursuant to Article 148 of

CEPOL's final accounts. The CEPOL's final accounts. The Financial Regulation, the CEPOL's

Executive Director shall submit Executive Director shall submit accounting officer shall draw up CEPOL's them to the Management Board them to the Management Board for final accounts. The Executive Director shall for an opinion. an opinion. submit them to the Management Board for

an opinion.

• 5. 

  The Management Board shall deliver an opinion on CEPOL's final accounts.

• 6. 

  CEPOL's accounting officer shall, by 1 July following each financial year, send the final accounts to the European

Parliament, the Council, the

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Commission and the Court of

Auditors, together with the

Management Board's opinion.

• 7. 

  The final accounts shall be published in the Official Journal of the European Union by 15

November of the following year.

• 8. 

  The Executive Director shall 8. The Executive Director shall Compromise text following the technical send the Court of Auditors a reply send to the Court of Auditors a meeting on 01/04/2015: to its observations by 30 reply to its observations by 30

September. The Executive September of the following year at 8. The Executive Director shall send to the Director shall also send this reply the latest. The Executive Director Court of Auditors a reply to its observations to the Management Board. shall also send this reply to the by 30 September of the following year at

Management Board. the latest. The Executive Director shall also

send this reply to the Management Board.

• 9. 

  The Executive Director shall submit to the European

Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, in accordance with Article 165(3) of the Financial Regulation.

• 10. 

  On a recommendation from the Council acting by a qualified majority, the European

Parliament shall, before 15 May of year N + 2, give a discharge to

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the Executive Director in respect of the implementation of the budget for year N.

Article 20

Financial rules

• 1. 

  The financial rules applicable 1. The financial rules applicable to Compromise text following the technical to CEPOL shall be adopted by the CEPOL shall be adopted by the meeting on 01/04/2015:

Management Board after Management Board after consulting

consulting the Commission. They the Commission. They shall not 1. The financial rules applicable to CEPOL shall not depart from Delegated depart from Commission Delegated shall be adopted by the Management Board Regulation (EU) 1271/2013 i Regulation (EU) 1271/2013 i unless after consulting the Commission. They shall unless such a departure is such a departure is specifically not depart from Commission Delegated specifically required for CEPOL's required for CEPOL's operation and Regulation (EU) 1271/2013 i unless such a operation and the Commission the Commission has given its prior departure is specifically required for has given its prior consent. consent. CEPOL's operation and the Commission has

given its prior consent.

• 2. 

  CEPOL may award grants 2. In justified cases and with a Compromise text following the technical without a call for proposals to the prior approval of the Management meeting on 01/04/2015:

Member States for providing Board, CEPOL may award grants training in relation to the tasks without an open call for proposals 2. In justified cases and with a prior referred to in Article 4, to the Member States for providing approval of the Management Board,

Paragraphs 2 and 3. training in relation to the tasks CEPOL may award grants without an open referred to in Article 4, Paragraphs call for proposals to the Member States for 2 and 3. providing training in relation to the tasks

referred to in Article 4, Paragraphs 2 and 3.

CHAPTER V

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STAFF

Article 21

General General provision Compromise text following the technical meeting on 01/04/2015:

General provision

• 1. 

  The Staff Regulations and the 1. The Staff Regulations and the Compromise text following the technical

Conditions of Employment of Conditions of Employment of meeting on 01/04/2015:

Other Servants 22 and the rules Other Servants 22 and the rules adopted by agreement between adopted by agreement between the 1. The Staff Regulations and the Conditions

the institutions of the Union for institutions of the Union for giving 22 of Employment of Other Servants and the

giving effect to those Staff effect to those Staff Regulations rules adopted by agreement between the

Regulations and the Conditions of and the Conditions of Employment institutions of the Union for giving effect to Employment of Other Servants of Other Servants shall apply to the those Staff Regulations and the Conditions shall apply to the staff of CEPOL. staff of CEPOL. of Employment of Other Servants shall

apply to the staff of CEPOL.

22 OJ L 287, 29/10/2013, p. 15–62

Article 22

Executive Director

• 1. 

  The Executive Director shall be engaged as a temporary agent of

CEPOL under Article 2(a) of the

Conditions of Employment of

Other servants.

• 2. 

  The Executive Director shall be 2. The Executive Director shall be Possible compromise text following the

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appointed by the Management appointed by the Management trilogues on 05/05/2015 and on 02/06/2015 Board, from a list of candidates Board, from a list of at least three as well as the technical meeting on proposed by the Commission, candidates proposed by the 11/05/2015 (also please see the proposed following an open and transparent Commission a selection committee statement on governance-related issues in selection procedure. set up by the Management Board the cover note):

and composed of the

representatives designated by 2. The Executive Director shall be appointed

Member States and the by the Management Board, following an

Commission following an open and open and transparent selection procedure,

transparent selection procedure. from a shortlist of at least three candidates

proposed by the Commission a selection committee set up by the Management Board and composed of the representatives members designated by Member States and the Commission following an open and transparent selection procedure.

The selection committee shall draw this shortlist from a list of all candidates whose profile matches the eligibility and selection criteria for this function laid down in a notice of vacancy published in the Official Journal of the European Union within an open and transparent competition organised by the Commission.

For the purpose of concluding the contract with the Executive

Director, CEPOL shall be represented by the Chairperson of the Management Board.

ANNEX 2 DGD 1C LIMITE EN

• 3. 

  The term of office of the 3. The term of office of the Compromise text following the trilogue on Executive Director shall be five Executive Director shall be five 02/06/2015: years. By the end of that period, four years. By the end of that

the Commission shall undertake period, the Commission in 3. The term of office of the Executive an assessment that takes into association with the Management Director shall be five four years. By the end account an evaluation of the Board shall undertake an of that period, the Commission in

Executive Director's performance assessment that takes into account association with the Management Board and CEPOL's future tasks and an evaluation of the Executive shall undertake an assessment that takes into challenges. Director's performance and account an evaluation of the Executive

CEPOL's future tasks and Director's performance and CEPOL's future challenges. tasks and challenges.

• 4. 

  The Management Board, acting 4. The Management Board, acting Compromise text following the trilogue on on a proposal from the on a proposal from the Commission 02/06/2015:

Commission that takes into that takinges into account the

account the assessment referred to assessment referred to in paragraph 4. The Management Board, acting on a in paragraph 3, may extend the 3, may extend the term of office of proposal from the Commission that takinges term of office of the Executive the Executive Director once, for no into account the assessment referred to in Director once, for no more than more than five four years. paragraph 3, may extend the term of office five years. of the Executive Director once, for no more

than five four years.

• 5. 

  An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.

• 6. 

  The Executive Director may be 6. The Executive Director may be Compromise text following the trilogue on removed from office only upon a removed from office only upon a 02/06/2015: decision of the Management decision of the Management Board

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Board acting on a proposal from acting on a proposal from the

the Commission. Commission. 6. The Executive Director may be removed from office only upon a decision of the

Management Board acting on a proposal from the Commission.

• 7. 

  The Management Board shall 7. The Management Board shall Compromise text following the trilogue on reach decisions on appointment, reach decisions on appointment, 02/06/2015: extension of the term of office or extension of the term of office or

removal from office of the removal from office of the 7. The Management Board shall reach

Executive Director on the basis of Executive Director on the basis by decisions on appointment, extension of the a two-thirds majority of its a majority of a two-thirds majority term of office or removal from office of the members with voting rights. of its members with voting rights. Executive Director on the basis by a

majority of a two-thirds majority of its members with voting rights.

Article 23

Seconded national experts

• 1. 

  CEPOL may make use of seconded national experts.

• 2. 

  The Management Board shall adopt a decision laying down rules on the secondment of national experts to CEPOL.

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CHAPTER VI

MISCELLANEOUS PROVISIONS

Article 24

Legal status

• 1. 

  CEPOL shall be a body of the 1. CEPOL shall be a body of the 1. CEPOL shall be a body an Compromise text following the technical

Union. It shall have legal European Union. It shall have agency of the Union. It shall have meeting on 01/04/2015: personality. legal personality. legal personality.

• 1. 

  CEPOL shall be a body an agency of the

Union. It shall have legal personality.

• 2. 

  In each of the Member States

CEPOL shall enjoy the most extensive legal capacity accorded to legal persons under their laws.

It may, in particular, acquire and dispose of movable and immovable property and be party to legal proceedings.

• 3. 

  The seat of CEPOL shall be in

Budapest, Hungary.

3a. The Commission shall

present, no later than two years Compromise text following the technical after the date of application of meeting on 11/05/2015:

this Regulation, a cost-benefit

analysis and an impact - see amended recital (15a);

assessment on the seat. - 3a. The Commission shall present, no

later than two years after the date of

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application of this Regulation, a costbenefit analysis and an impact assessment on the seat.

Article 25

Privileges and immunities

The Protocol on the Privileges and Immunities of the European

Union shall apply to CEPOL and its staff.

Article 26

Language arrangements

• 1. 

  The provisions laid down in

Regulation No 1 23 shall apply to

CEPOL.

23 Council Regulation (EC) No

920/2005 of 13 June 2005 amending Regulation No 1 of 15

April 1958

• 2. 

  The Management Board shall decide by a majority of two-thirds of its members on the internal language arrangements of

CEPOL.

• 3. 

  The translation services required for the functioning of

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CEPOL shall be provided by the

Translation Centre of the bodies of the European Union.

Article 27

Transparency

• 1. 

  Regulation (EC) No 1049/2001 i shall apply to documents held by

CEPOL.

• 2. 

  The Management Board shall, 2. On the basis of a proposal by Compromise text following the technical within six months of the date of the Executive Director, Tthe meetings on 01/04/2015 and 24/04/2015: its first meeting, adopt the Management Board shall, within

detailed rules for applying six months of the date of its first 2. On the basis of a proposal by the

Regulation (EC) No 1049/2001 i. meeting, adopt the detailed rules for Executive Director, Tthe Management applying Regulation (EC) No Board shall, within six months of the date of 1049/2001. its first meeting, adopt the detailed rules for

applying Regulation (EC) No 1049/2001 i.

• 3. 

  Decisions taken by CEPOL under Article 8 of Regulation

(EC) No 1049/2001 may form the subject of a complaint to the

Ombudsman or of an action before the Court of Justice of the

European Union, under the conditions laid down in Articles

228 and 263 of the Treaty respectively.

• 4. 

  The processing of personal data

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by CEPOL shall be subject to

Regulation (EC) No 45/2001 i 24 .

24 REGULATION (EC) No

45/2001 OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL of 18 December2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data

Article 28

Combating fraud

• 1. 

  In order to facilitate combating 1. In order to facilitate combating Compromise text following the technical fraud, corruption and other fraud, corruption and other meeting on 01/04/2015: unlawful activities under unlawful activities under

Regulation No 883/2013 i 25 , within Regulation No 883/2013 i 25 , within 1. In order to facilitate combating fraud, six months from the day CEPOL six months from … [the day corruption and other unlawful activities

becomes operational, it shall CEPOL becomes operational, it under Regulation No 883/2013 i 25 , within six

accede to the Interinstitutional date of application of this months from … [the day CEPOL becomes Agreement of 25 May 1999 Regulation] CEPOL shall accede operational, it date of application of this concerning internal investigations to the Interinstitutional Agreement Regulation] CEPOL shall accede to the by the European Anti-fraud of 25 May 1999 concerning Interinstitutional Agreement of 25 May Office (OLAF) 26 and adopt internal investigations by the 1999 concerning internal investigations by

appropriate provisions applicable European Anti-fraud Office 26 the European Anti-fraud Office (OLAF)

to all employees of CEPOL using (OLAF) 26 and adopt appropriate and adopt appropriate provisions applicable the template set out in the Annex provisions applicable to all to all employees of CEPOL using the to that Agreement. employees of CEPOL using the template set out in the Annex to that

template set out in the Annex to Agreement.

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that Agreement.

25 REGULATION (EU,

EURATOM) No 883/2013 OF

THE EUROPEAN PARLIAMENT

AND OF THE COUNCIL of 11

September 2013 concerning investigations conducted by the

European Anti-Fraud Office

(OLAF) and repealing Regulation

(EC) No 1073/1999 of the

European Parliament and of the

Council and Council Regulation

(Euratom) No 1074/1999

26 Interinstitutional Agreement of

25 May 1999 between the

European Parliament, the Council of the European Union and the

Commission of the European

Communities concerning internal investigations by the European

Anti-fraud Office (OLAF);

Official Journal L 136,

31/05/1999 P. 0015 - 0019

• 2. 

  The European Court of

Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received

Union funds from CEPOL.

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• 3. 

  OLAF may carry out investigations, including on-thespot checks and inspections with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by

CEPOL, in accordance with the provisions and procedures laid down in Regulation No 883/2013 i and Regulation (Euratom, EC)

No 2185/96 27 .

27 Council Regulation (Euratom,

EC) No 2185/96 of 11 November

1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European

Communities' financial interests against fraud and other irregularities Official Journal

L 292, 15/11/1996 P. 0002 - 0005

• 4. 

  Without prejudice to 4. Without prejudice to paragraphs Compromise text following the technical paragraphs 1, 2 and 3, 1, 2 and 3, cooperation working meeting on 01/04/2015: cooperation agreements with third agreements with Union bodies,

countries and international authorities and training institutes 4. Without prejudice to paragraphs 1, 2 and organisations, contracts, grant of third countries, and international 3, cooperation working agreements with agreements and grant decisions of organisations and private parties, Union bodies, authorities and training CEPOL shall contain provisions contracts, grant agreements and institutes of third countries, and

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expressly empowering the grant decisions of CEPOL shall international organisations and private

European Court of Auditors and contain provisions expressly parties, contracts, grant agreements and

OLAF to conduct such audits and empowering the European Court of grant decisions of CEPOL shall contain investigations, according to their Auditors and OLAF to conduct provisions expressly empowering the respective competences. such audits and investigations, European Court of Auditors and OLAF to

according to their respective conduct such audits and investigations, competences. according to their respective competences.

Article 29

Security rules on the protection Security rRules on the protection Compromise text proposed by COM of classified and sensitive nonof classified and sensitive nonfollowing the entry into force of new classified information classified information Commission Decisions:

Security rRules on the protection of classified and sensitive non-classified information

CEPOL shall apply the security CEPOL shall apply establish rules Compromise text proposed by COM principles contained in the for protecting European Union following the entry into force of new

Commission's security rules for Classified Information (EUCI) Commission Decisions: protecting European Union and sensitive non-classified

Classified Information (EUCI) information which shall be CEPOL shall adopt own security rules and sensitive non-classified consistent with the security equivalent to the Commission's security information, as set out in the principles contained in the rules for protecting European Union annex to Decision 2001/844/EC i, Commission's security rules for Classified Information (EUCI) and

ECSC, Euratom 28 . Applying the protecting European Union sensitive non-classified information, as set security principles shall cover, Classified Information (EUCI) and out in the Commission Decisions (EU,

inter alia, provisions for the sensitive non-classified 28a Euratom) 2015/443 and 2015/444 28b . The

exchange, processing and storage information, as set out in the annex security rules of CEPOL shall cover, inter of such information. to Decision 2001/844/EC i, ECSC, alia, provisions for the exchange,

Euratom 28 . Applying the security processing and storage of such

principles These rules shall cover,

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inter alia, provisions for the information. exchange, processing and storage

of such information. 28a Commission Decision (EU, Euratom)

2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).

28b Commission Decision (EU, Euratom)

2015/444 of 13 March 2015 on the security

rules for protecting EU classified

information (OJ L 72, 17.3.2015, p. 53).

28 COMMISSION DECISION of

28

2 August 2006 amending COMMISSION DECISION of 2 August Decision 2001/844/EC i, ECSC, 2006 amending Decision 2001/844/EC i, Euratom (2006/548/EC, Euratom) ECSC, Euratom (2006/548/EC, Euratom)

Article 30

Liability

• 1. 

  CEPOL's contractual liability shall be governed by the law applicable to the contract in question.

• 2. 

  The Court of Justice of the

European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by CEPOL.

• 3. 

  In the case of non-contractual

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liability, CEPOL shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.

• 4. 

  The Court of Justice of the

European Union shall have jurisdiction in disputes over compensation for damage referred to in paragraph 3.

• 5. 

  The personal liability of

CEPOL's staff towards CEPOL shall be governed by the provisions laid down in the Staff

Regulations or Conditions of

Employment applicable to them.

Article 31

Evaluation and review

• 1. 

  No later than 5 years after the 1. No later than 5 years after the date referred to in Article 41 and date referred to in Article 41 [the

  • 1. 

    No later than 5 years after the Compromise text following the trilogue on

every 5 years thereafter, the date of application of this

date referred to in Article 41 … 05/05/2015: [the day CEPOL becomes

Commission shall commission an Regulation] and every 5 years operational, it date of application 1. No later than 5 years after the date evaluation to assess particularly thereafter, the Commission shall of this Regulation] and every 5 referred to in Article 41 … [the day CEPOL the impact, effectiveness and commission an evaluation to years thereafter, the Commission becomes operational, it date of application efficiency of CEPOL and its assess particularly the impact, shall commission an evaluation to of this Regulation] and every 5 years working practices. The evaluation effectiveness and efficiency of assess particularly the impact, thereafter, the Commission shall

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shall, in particular, address the CEPOL and its working practices. effectiveness and efficiency of commission an evaluation to assess possible need to modify the The evaluation shall, in particular, CEPOL and its working practices. particularly the impact, effectiveness and mandate of CEPOL, and the address the possible need to The evaluation shall, in particular, efficiency of CEPOL and its working financial implications of any such modify the mandate of CEPOL, address the possible need to modify practices. The evaluation shall, in particular, modification. and the financial implications of the mandate of CEPOL, and the address the possible need to modify the

any such modification. financial implications of any such mandate of CEPOL, and the financial modification. implications of any such modification.

• 2. 

  The Commission shall forward 2. The Commission shall forward Compromise text following the technical the evaluation report together the evaluation report together with meetings on 01/04/2015, 24/04/2015 and on with its conclusions on the report, its conclusions and the 11/05/2015 and the JHA Counsellors' to the European Parliament, the observations of the Management meeting on 22/05/2015:

Council and the Management Board on the report, to the

Board. The findings of the European Parliament, and the 2. The Commission shall forward submit the evaluation shall be made public. Council and the Management evaluation report together with its

Board. The findings of the conclusions and the observations of to the evaluation shall be made public. Management Board, which shall provide

its observations on the report within one month from its receipt. The Commission shall forward the final evaluation report with its conclusions, together with the observations of the Management Board in an Annex, to the European Parliament, and the Council and the Management Board. The findings of the evaluation shall be made public.

• 3. 

  On the occasion of every deleted deleted Same amendment by the EP and the second evaluation, there shall also Council, so the compromise text would be: be an assessment of the results

achieved by CEPOL having 3. On the occasion of every second regard to its objectives, mandate evaluation, there shall also be an assessment and tasks. If the Commission of the results achieved by CEPOL having

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considers that the continuation of regard to its objectives, mandate and tasks. CEPOL is no longer justified with If the Commission considers that the regard to its assigned objectives, continuation of CEPOL is no longer justified mandate and tasks, it may with regard to its assigned objectives, propose that this Regulation be mandate and tasks, it may propose that this amended accordingly or repealed. Regulation be amended accordingly or

repealed.

Article 32

Administrative inquiries

The activities of CEPOL shall be subject to the inquiries of the

European Ombudsman in accordance with Article 228 of the Treaty.

Article 33

Cooperation with Union bodies, third countries and

international organisations

• 1. 

  CEPOL shall be open to the 1. CEPOL shall be open to the Compromise text following the technical participation of third countries participation of the authorities and meeting on 01/04/2015: that have entered into agreements training institutes of those third

with the Union to that effect. countries that have entered into 1. CEPOL shall be open to the participation agreements with the Union to that of the authorities and training institutes of effect. those third countries that have entered into

agreements with the Union to that effect.

• 2. 

  In so far as necessary for the

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performance of its tasks, CEPOL may establish and maintain cooperative relations with the

Union bodies in accordance with the objectives of those bodies, authorities of third countries, training institutes of third countries, international organisations and private parties.

• 3. 

  In accordance with paragraph 1 3. In accordance with paragraph 1 Compromise text following the technical and 2, arrangements shall be and 2, working arrangements shall meeting on 01/04/2015: developed specifying, in be developed concluded specifying,

particular, the nature, extent and in particular, the nature, extent and 3. In accordance with paragraph 1 and 2, manner in which the third manner in which the authorities working arrangements shall be developed countries concerned may and training institutes of third concluded specifying, in particular, the participate in the work of countries, international nature, extent and manner in which the

CEPOL, including provisions organisations and private parties authorities and training institutes of third relating to participation in the concerned may participate in the countries, international organisations and initiatives undertaken by CEPOL, work of CEPOL, including private parties concerned may participate in financial contributions and staff. provisions relating to participation the work of CEPOL, including provisions As regards staff matters, those in the initiatives undertaken by relating to participation in the initiatives arrangements shall, in any event, CEPOL, financial contributions and undertaken by CEPOL, financial comply with the Staff staff. As regards staff matters, those contributions and staff. As regards staff Regulations. arrangements shall, in any event, matters, those arrangements shall, in any

comply with the Staff Regulations. event, comply with the Staff Regulations.

• 4. 

  CEPOL shall cooperate with 4. CEPOL shall cooperate with the Compromise text following the technical the Union bodies competent in Union bodies competent in matters meeting on 01/04/2015: matters covered by this covered by this Regulation and

Regulation and referred to in referred to in paragraph 2, within 4. CEPOL shall cooperate with the Union paragraph 2, within the the framework of working bodies competent in matters covered by this framework of working arrangements concluded with those Regulation and referred to in paragraph 2,

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arrangements concluded with bodies, in accordance with this within the framework of working those bodies, in accordance with Regulation or with the relevant arrangements concluded with those bodies, this Regulation or with the provisions of Decision in accordance with this Regulation or with relevant provisions of Decision 2005/681 i/JHA. Such working the relevant provisions of Decision

2005/681/JHA. Such working arrangements may be concluded 2005/681/JHA. Such working arrangements arrangements may be concluded only with the authorisation of the may be concluded only with the only with the authorisation of the Management Board and shall have authorisation of the Management Board and Management Board and shall received the Commission's prior shall have received the Commission's prior have received the Commission's approval. approval. prior approval.

• 5. 

  Working arrangements referred Compromise text following the technical to in paragraphs 3 and 4 may be meeting on 01/04/2015: concluded only with the

authorisation of the Management 5. Working arrangements referred to in Board after having consulted the paragraphs 3 and 4 may be concluded only Commission. They shall not bind with the authorisation of the Management the Union or its Member States. Board after having consulted the

Commission. They shall not bind the Union

or its Member States.

Article 34

Headquarters Agreement and operating conditions

• 1. 

  The necessary arrangements 1. The necessary arrangements 1. The necessary arrangements Same amendment by the EP and the concerning the accommodation to concerning the accommodation to concerning the accommodation to Council, so the compromise text would be: be provided for CEPOL in be provided for CEPOL in be provided for CEPOL in Hungary

Hungary and the facilities to be Hungary and the facilities to be and the facilities to be made 1. The necessary arrangements concerning made available by that Member made available by that Member available by that Member State the accommodation to be provided for

State together with the specific State together with the specific together with the specific rules CEPOL in Hungary and the facilities to be rules applicable in the host rules applicable in the host applicable in the host Member State made available by that Member State

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Member State to the Executive Member State to the Executive to the Executive Director, members together with the specific rules applicable in Director, members of the Director, members of the of the Management Board, CEPOL the host Member State to the Executive Management Board, CEPOL staff Management Board, CEPOL staff staff and members of their families Director, members of the Management and members of their families and members of their families shall be laid down in a Board, CEPOL staff and members of their shall be laid down in a shall be laid down in a Headquarters Agreement between families shall be laid down in a

Headquarters Agreement between Headquarters Agreement between CEPOL and Hungary, concluded Headquarters Agreement between CEPOL CEPOL and Hungary, concluded CEPOL and Hungary, concluded after obtaining the approval of the and Hungary, concluded after obtaining the after obtaining the approval of the after obtaining the approval of the Management Board and no later approval of the Management Board and no Management Board and no later Management Board and no later than 2 years after the entry into later than 2 years after the entry into force of than 2 years after the entry into than 2 years after the entry into force of this Regulation. this Regulation. force of this Regulation. force of this Regulation.

• 2. 

  CEPOL's host Member State deleted Compromise text following the technical shall provide the best possible meeting on 01/04/2015: conditions to ensure the

functioning of CEPOL, including 2. CEPOL's host Member State shall provide multilingual, European-oriented the best possible conditions to ensure the schooling and appropriate functioning of CEPOL, including transport connections. multilingual, European-oriented schooling

and appropriate transport connections.

CHAPTER VII

TRANSITIONAL PROVISIONS

Article 35

General legal succession

• 1. 

  CEPOL, as established by this

Regulation, shall be the general legal successor in respect of all contracts concluded by, liabilities

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incumbent on, and properties acquired by CEPOL, as established by Decision

2005/681/JHA

• 2. 

  This Regulation shall not affect the legal force of agreements concluded by CEPOL as established by Decision

2005/681/JHA before the date of entry into force of this

Regulation.

• 3. 

  The Headquarters Agreement deleted Compromise text following the technical concluded on the basis of meeting on 01/04/2015:

Decision 2005/681 i/JHA shall be

terminated from the date of entry 3. The Headquarters Agreement concluded into application of this on the basis of Decision 2005/681 i/JHA shall Regulation. be terminated from the date of entry into

application of this Regulation.

Article 36

Transitional arrangements concerning the Management

Board

• 1. 

  The term of office of the 1. The term of office of the Compromise text following the technical members of the Governing Board members of the Governing Board meeting on 01/04/2015: of CEPOL as established on the of CEPOL as established on the

basis of Article 10 of Decision basis of Article 10 of Decision 1. The term of office of the members of the 2005/681/JHA shall terminate on 2005/681/JHA shall terminate on Governing Board of CEPOL as established … [date of entry into force of this … [date of entry into force on the basis of Article 10 of Decision

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Regulation]. application of this Regulation]. 2005/681/JHA shall terminate on … [date of entry into force application of this

Regulation].

• 2. 

  The Management Board 2. The Management Governing Compromise text following the technical established on the basis of Article Board established on the basis of meeting on 01/04/2015: 10 of Decision 2005/681 i/JHA Article 10 of Decision

shall within the period between … 2005/681/JHA shall within the 2. The Management Governing Board date of entry into force of this period between … [date of entry established on the basis of Article 10 of Regulation] and … [date of into force of this Regulation] and Decision 2005/681 i/JHA shall within the application of this Regulation]: … [date of application of this period between … [date of entry into force

Regulation]: of this Regulation] and … [date of

application of this Regulation]:

(a) exercise the functions of the

Management Board as referred to in Article 9 of this Regulation;

(b) prepare the adoption of the (b) prepare the adoption of the Compromise text following the technical rules for applying Regulation rules for applying Regulation (EC) meeting on 01/04/2015: (EC) No 1049/2001 with regard No 1049/2001 with regard to

to CEPOL documents referred to CEPOL documents referred to in (b) prepare the adoption of the rules for in Article 27 of this Regulation Article 27 of this Regulation, and applying Regulation (EC) No 1049/2001 i and on the obligations of on the obligations of with regard to CEPOL documents referred confidentiality and discretion, and confidentiality and discretion, and to in Article 27 of this Regulation, and on the protection of sensitive and the protection of sensitive and the obligations of confidentiality and Union classified information Union classified information discretion, and the protection of sensitive referred to in Article 29 of this European Union Classified and Union classified information European Regulation; Information (EUCI) and sensitive Union Classified Information (EUCI) and

non-classified information sensitive non-classified information referred to in Article 29 of this referred to in Article 29 of this Regulation;

Regulation;

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(c) prepare any instrument necessary for the application of this Regulation, and

(d) review the internal rules and (d) review the internal rules and Compromise text following the technical measures adopted by the measures adopted by the meeting on 01/04/2015: Management Board on the basis Management Governing Board on

of Decision 2005/681 i/JHA so as the basis of Decision (d) review the internal rules and measures to allow the Management Board 2005/681/JHA so as to allow the adopted by the Management Governing established pursuant to Article 8 Management Board established Board on the basis of Decision of this Regulation to take a pursuant to Article 8 of this 2005/681/JHA so as to allow the decision pursuant to Article 40 Regulation to take a decision Management Board established pursuant to thereof. pursuant to Article 40 thereof. Article 8 of this Regulation to take a

decision pursuant to Article 40 thereof.

29 NB: If this Regulation enters into

application in the course of 2015, This provision is moved here from Article the following provision will have to 9(1)(i'): as the obligation for separate be added here: adoption of the MSPP exists only up to "3. The Governing Board programming for 2016, it would only be established on the basis of Article relevant if this Regulation enters into 10 of Decision 2005/681 i/JHA application in the course of 2015 (which is shall for the programming of 2016 rather unlikely).

adopt the multiannual staff policy plan, after taking into account the opinion of the Commission.".

Article 37

Transitional arrangements concerning the Executive Director and staff

ANNEX 2 DGD 1C LIMITE EN

• 1. 

  The Director of CEPOL 1. The Director of CEPOL Compromise text following the technical appointed on the basis of Article appointed on the basis of Article meeting on 01/04/2015: 11(1) of Decision 2005/681 i/JHA 11(1) of Decision 2005/681 i/JHA

shall, for the remaining periods of shall, for the remaining periods of 1. The Director of CEPOL appointed on the his/her term of office be assigned his/her term of office be assigned to basis of Article 11(1) of Decision to the responsibilities of the the responsibilities of the Executive 2005/681/JHA shall, for the remaining Executive Director as provided Director as provided for in Article periods of his/her term of office be assigned for in Article 14 of this 14 of this Regulation. The other to the responsibilities of the Executive Regulation. The other conditions conditions of his/her contract shall Director as provided for in Article 14 of this of his/her contract shall remain remain unchanged. If the term of Regulation. The other conditions of his/her unchanged. If the term of office office ends after … [the date of contract shall remain unchanged. If the term ends after … [the date of entry entry into force of this Regulation] of office ends after … [the date of entry into into force of this Regulation] but but before … [the date of force of this Regulation] but before … [the before … [the date of application application of this Regulation], it date of application of this Regulation], it of this Regulation], it shall be shall be extended automatically shall be extended automatically until one extended automatically until one until one year after … [the date of year after … [the date of application of this year after … [the date of application of this Regulation]. Regulation].

application of this Regulation].

• 2. 

  Should the Executive Director 2. Should the Executive Director of Compromise text following the technical be unwilling or unable to act in CEPOL appointed on the basis of meeting on 01/04/2015: accordance with paragraph 1, the Article 11(1) of Decision

Management Board shall 2005/681/JHA be unwilling or 2. Should the Executive Director of CEPOL designate an interim Executive unable to act in accordance with appointed on the basis of Article 11(1) of Director to exercise the duties paragraph 1, the Management Decision 2005/681 i/JHA be unwilling or

assigned to the Executive Board shall designate an interim unable to act in accordance with paragraph Director for a period not Executive Director to exercise the 1, the Management Board shall designate an exceeding 18 months, pending the duties assigned to the Executive interim Executive Director to exercise the appointments provided for in Director for a period not exceeding duties assigned to the Executive Director for Article 22. 18 months, pending the a period not exceeding 18 months, pending

appointments provided for in the appointments provided for in Article 22.

Article 22.

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• 3. 

  This Regulation shall not affect the rights and obligations of staff engaged under Decision

2005/681/JHA.

• 4. 

  The employment contracts of staff referred to in the third paragraph may be renewed under this Regulation in accordance with the Staff Regulations and the Conditions of Employment.

  Article 38

  Transitional budgetary provisions

The discharge procedure in respect of the budgets approved on the basis of Article 25 of

Decision 2005/681 i/JHA shall be carried out in accordance with the rules established by the Decision 2005/681 i/JHA.

ANNEX 2 DGD 1C LIMITE EN

30 NB: A transitional provision

might be added here at a later stage depending on the date of application of this Regulation as the new rules on programming in the Framework Financial Regulation Art. 32-33, reflected in the revised Articles 9-10 of this Regulation, will only enter into force on 1 January 2016.

CHAPTER VIII

FINAL PROVISIONS

Article 39

Repeal Repeal Replacement Compromise text based on the outcome on discussions between the Legal Services of the Council, the EP and the Commission:

Replacement and Rrepeal

This Regulation replaces the 1. This Regulation replaces the Compromise text based on the outcome on Decision 2005/681 i/ as of the date Decision 2005/681 i/ as of the date discussions between the Legal Services of of application of this Regulation. of application of this Regulation. the Council, the EP and the Commission:

Decision 2005/681 i/JHA, as

amended by Regulation (EU) No 1. This Regulation replaces the Decision 543/2015, is hereby replaced for 2005/681/ as of the date of application of the Member States bound by this this Regulation. Decision 2005/681 i/JHA, as Regulation with effect from … amended by Regulation (EU) No [date of application of this 543/20154, is hereby replaced for the Regulation]. Member States bound by this Regulation

with effect from … [date of application of

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this Regulation].

Therefore, Decision 2005/681 i/JHA is repealed.

• 2. 

  For the Member States bound Compromise text based on the outcome on by this Regulation, references to discussions between the Legal Services of the acts referred to in paragraph 1 the Council, the EP and the Commission: shall be construed as references to

this Regulation. 2. For the Member States bound by this

Regulation, references to the acts referred to in paragraph 1 shall be construed as references to this Regulation.

Article 40

Maintenance in force of the Maintenance in force of the Compromise text following the technical internal rules adopted by the internal rules adopted by the meeting on 01/04/2015:

Management Board Management Governing Board Maintenance in force of the internal rules adopted by the Management Governing Board

Internal rules and measures Internal rules and measures adopted Compromise text following the technical adopted by the Management by the Management Governing meeting on 01/04/2015:

Board on the basis of Decision Board on the basis of Decision

2005/681/JHA shall remain in 2005/681/JHA shall remain in force Internal rules and measures adopted by the force after [date of application of after … [date of application of this Management Governing Board on the basis this Regulation], unless otherwise Regulation], unless otherwise of Decision 2005/681 i/JHA shall remain in decided by the Management decided by the Management Board force after … [date of application of this Board in the application of this in the application of this Regulation], unless otherwise decided by the Regulation. Regulation. Management Board in the application of this

Regulation.

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Article 41

Entry into force

• 1. 

  This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the

European Union.

• 2. 

  It shall apply from [date of 2. It shall apply from … [date of Compromise text following the technical application]. application of this Regulation]. meeting on 01/04/2015:

  • 2. 

    It shall apply from … [date of application

  of this Regulation].

However, Articles 36, 37 and 38 However, Articles 36, 37 and 38 Compromise text following the technical shall apply from … [the date of shall apply from … [the date of meeting on 01/04/2015: entry into force of this entry into force of this Regulation].

Regulation]. However, Articles 36, 37 and 38 shall apply

from … [the date of entry into force of this Regulation].

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels,

For the European Parliament

The President

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