Eurpol Act 2012

• (a) for the purpose of carrying out the discharge procedure in respect of the annual accounts for the year preceding the date of application of this Decision, the Joint Audit Committee shall continue to operate in accordance with the procedures established by Article 36 of the Europol Convention. The discharge procedures established by the Europol Convention shall apply to the extent required for this purpose;

• (b) the Management Board referred to in Article 36 of this Decision shall have the right to decide upon the substitution of the functions previously performed by the financial controller and the Financial Committee on the basis of the Europol Convention.

If the surpluses are not sufficient to cover the expenditure referred to in paragraph 3, Member States shall provide the financing necessary in accordance with the procedures established by the Europol Convention.

The payment shall be made within three months of the establishment of the amount covering the expenditure referred to in paragraph 3 and the completion of discharge procedures regarding the budgets approved on the basis of Article 35(5) of the Europol Convention.

Article 59

Measures to be prepared and adopted before the date of application of this Decision

• (a) the rules regarding the rights and obligations of liaison officers referred to in Article 9(5);

• (b) the rules applicable to the analysis work files referred to in the third subparagraph of Article 14(1);

• (c) the rules regarding the relations of Europol referred to in Article 26(1)(b);

• (d) the implementing rules applicable to Europol staff referred to in Article 37(9)(d);

• (e) the rules on the selection and dismissal of the Director and Deputy Directors referred to in Article 38(3) and (7);

• (f) the rules on confidentiality referred to in Article 40(1);

• (g) the financial regulation referred to in Article 44;

• (h) any other instrument necessary for the preparation of the application of this Decision.

The Council shall adopt the measures referred to in paragraph 1(b), (c) and (f) in accordance with the procedure laid down in the provisions referred to in paragraph 1(b), (c) and (f).

Article 60

Financial actions and decisions to be taken before the date of application of this Decision

• (a) the preparation and adoption of all actions and decisions referred to in Article 42 in relation to the first budgetary year after the date of application of this Decision;

• (b) the appointment of the accounting officer as provided for in Article 37(9)(e) by 15 November in the year preceding the first budgetary year after the date of application of this Decision;

• (c) the establishment of the internal audit function as provided for in Article 37(9)(f).

CHAPTER XI

FINAL PROVISIONS

Article 61

Transposition

The Member States shall ensure that their national law conforms to this Decision by the date of application of this Decision.

Article 62

Replacement

This Decision replaces the Europol Convention and the Protocol on the privileges and immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol as of the date of application of this Decision.

Article 63

Repeal

Unless otherwise provided in this Decision, all measures implementing the Europol Convention shall be repealed with effect from the date of application of this Decision.

Article 64

Entry into force and application

However, the second subparagraph of Article 57(2) and Articles 59, 60 and 61 shall apply from the date of entry into force of this Decision.

Done at Luxembourg, 6 April 2009.

For the Council

The President

J. POSPÍSIL

ANNEX

List of other forms of serious crime which Europol is competent to deal with in accordance with Article 4(1):

— unlawful drug trafficking,

— illegal money-laundering activities,

— crime connected with nuclear and radioactive substances,

— illegal immigrant smuggling,

— trafficking in human beings,

— motor vehicle crime,

— murder, grievous bodily injury,

— illicit trade in human organs and tissue,

— kidnapping, illegal restraint and hostage taking,

— racism and xenophobia,

— organised robbery,

— illicit trafficking in cultural goods, including antiquities and works of art,

— swindling and fraud,

— racketeering and extortion,

— counterfeiting and product piracy,

— forgery of administrative documents and trafficking therein,

— forgery of money and means of payment,

— computer crime,

— corruption,

— illicit trafficking in arms, ammunition and explosives,

— illicit trafficking in endangered animal species,

— illicit trafficking in endangered plant species and varieties,

— environmental crime,

— illicit trafficking in hormonal substances and other growth promoters.

With regard to the forms of crime listed in Article 4(1) for the purposes of this Decision:

• (a) “crime connected with nuclear and radioactive substances” means the criminal offences listed in Article 7(1) of the Convention on the Physical Protection of Nuclear Material, signed at Vienna and New York on 3 March 1980, and relating to the nuclear and/or radioactive materials defined in Article 197 of the Treaty establishing the European Atomic Community and in Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation ²⁴;

• (b) “illegal immigrant smuggling” means activities intended deliberately to facilitate, for financial gain, the entry into, residence or employment in the territory of the Member States, contrary to the rules and conditions applicable in the Member States;

• (c) “trafficking in human beings” means the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, the production, sale or distribution of child-pornography material, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;

• (d) “motor vehicle crime” means the theft or misappropriation of motor vehicles, lorries, semi-trailers, the loads of lorries or semi-trailers, buses, motorcycles, caravans and agricultural vehicles, works vehicles and the spare parts for such vehicles, and the receiving and concealing of such objects;

• (e) “illegal money-laundering activities” means the criminal offences listed in Article 6(1) to (3) of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, signed in Strasbourg on 8 November 1990;

• (f) “unlawful drug trafficking” means the criminal offences listed in Article 3(1) of the United Nations Convention of 20 December 1988 against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and in the provisions amending or replacing that Convention.

The forms of crime referred to in Article 4 and in this Annex shall be assessed by the competent authorities of the Member States in accordance with the law of the Member States to which they belong.

Footnotes