Date: 2021-08-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Decision (EU) 2021/1344 of 9 August 2021 establishing criteria to define the period of time for which persons posing a threat to security may be banned from the Commission’s premises
Issued by European Commission
· Directorate-General for Human Resources and Security
Executive Summary:
This Commission Decision EU 2021/1344, dated 9 August 2021, establishes criteria for determining the duration of bans from Commission premises for individuals posing a security threat, as outlined in Decision EU, Euratom 2015/443. It applies to all Commission departments and premises, excluding Union Delegations and suspension proceedings under the Staff Regulations. The decision entered into force twenty days after its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Scope and Application:**
* Sets criteria for defining the duration of bans from Commission premises for security threats, pursuant to Article 121(b) of Decision EU, Euratom 2015/443.
* Applies to all Commission departments and premises, excluding Commission staff working in Union Delegations (subject to EEAS security rules) and suspension proceedings.
* **Scope of Ban:**
* The ban may apply to one, several, or all Commission premises.
* When premises are shared with other EU institutions, agencies, and bodies, the Commission will communicate the ban decision to them.
* **Period of Ban:**
* The ban duration is based on the estimated duration, likelihood, and seriousness of the security threat.
* Criteria for assessing the seriousness of the threat include:
* Degree of potential harm to persons, assets, and information.
* Link to criminal offenses.
* Whether the threat is based on negligence, gross negligence, or intent.
* Whether the behavior is violent, aggressive, or repetitive.
* Extent of potential financial loss and reputational damage to the Commission.
* If the threat's duration cannot be reliably estimated and the threat is very serious, the ban may be indefinite, especially if it involves:
* Terrorist or espionage activities.
* Potential loss of life, serious injury, or significant damage, compromise of information or disruption of IT systems
* Violent, aggressive, or repetitive behavior disrupting Commission services.
* **Review of Bans:**
* The Commission will review ban decisions upon request from the banned person, provided they present new and substantial evidence for re-examination.
* Reviews will be based on the initial criteria for the ban.
Impact Analysis:
* **Commission Departments and Directorates:**
* Impact: Must implement the criteria when banning individuals from premises and communicate bans to relevant parties in shared premises scenarios.
* Action Required: Ensure staff mandated to decide on bans assess threats on a case-by-case basis, respecting individual circumstances and using the criteria outlined in the decision.
* **Directorate-General for Human Resources and Security:**
* Impact: Responsible for implementing and enforcing the security measures outlined in the decision.
* Action Required: Ensure security protocols align with the decision's criteria for banning individuals and reviewing bans.
* **Individuals Posing a Security Threat:**
* Impact: May be banned from Commission premises for a period determined by the outlined criteria; have the right to request a review of the ban with new evidence.
* Action Required: If banned, understand the reasons for the ban and may compile new evidence to request a review.
* **EU Institutions, Agencies and Bodies sharing premises with the Commission:**
* Impact: Will be informed of decisions to ban access to Commission parts of shared premises.
* Action Required: Implement measures to support the Commission ban decisions.
Key Entities Referenced
European Commission: The executive branch of the European Union, responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day operations.
Commission Decision EU 2021/1344: A decision by the European Commission establishing criteria to define the period of time for which persons posing a threat to security may be banned from the Commission's premises.
Commission Decision EU, Euratom 2015/443: A decision on Security in the Commission, which outlines security measures and applies to all Commission departments and premises.
Security Directorate of its Directorate General for Human Resources and Security: A department within the European Commission responsible for implementing security measures.
European External Action Service: The diplomatic and foreign policy arm of the European Union.
Charter of Fundamental Rights of the European Union: A document enshrining fundamental rights and freedoms relevant to EU law.
Gertrud Ingestad: Director-General of the Directorate-General for Human Resources and Security, signing the decision on behalf of the Commission.
Brussels: The location where the Commission Decision EU 2021/1344 was signed.
16.8.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 292/27
DECISIONS
COMMISSION DECISION (EU) 2021/1344
of 9 August 2021
establishing criteria to define the period of time for which persons posing a threat to security may be
banned from the Commission’s premises
THE EUROPEAN COMMISSION,
Having regard to Commission Decision (EU, Euratom) 2015/443 of 13 March 2015on Security in the Commission(1), and
in particular Article 12(1), point (b) and Article 21 thereof,
Whereas:
(1) The Commission needs to operate in a safe and secure environment. Accordingly, it needs a coherent, integrated
approach as regards its security, providing appropriate levels of protection for persons, assets and information that
are commensurate with identified risks, and ensuring the efficient and timely delivery of security. The Commission
faces major threats and challenges in the field of security, in particular as regards terrorism, and political and
commercial espionage.
(2) In order to ensure the security of persons, assets and information, the Commission, in particular the Security
Directorate of its Directorate General for Human Resources and Security, takes measures pursuant to Decision (EU,
Euratom) 2015/443 which apply to all Commission departments and in all Commission premises. Those measures
include limited measures concerning persons posing a threat to security, including banning persons from the
Commission’s premises for a period of time pursuant to Article 12(1), point (b) of that Decision.
(3) Commission staff duly mandated in accordance with Articles 5 and 12 of Decision (EU, Euratom) 2015/443, should,
in deciding on banning a person or persons from Commission premises where, pursuant to Article 12(1), point (b)
of that Decision, it is considered that they pose a threat to its security, assess that threat on a case-by-case basis,
respecting the relevant individual circumstances.
(4) The restriction of access may apply to one, several or even all Commission premises.
(5) The period of the ban should take into account the likelihood, seriousness and duration of the threat.
(6) This Decision should not apply to a ban to the Commission’s premises adopted in the context of suspension
proceedings pursuant to Article 23 of Annex IX to the Staff Regulations.
(7) This Decision should not apply to Commission staff working in Union Delegations, who should be subject to the
security rules for the European External Action Service.
(8) In accordance with the internal rules of procedure, the member of the Commission responsible for security matters
has been empowered, by means of Commission Decision C(2016) 2797(2), to establish implementing rules
establishing the criteria necessary for defining the periods of time applicable to a ban on access to the Commission’s
premises pursuant to Article 12 of Decision (EU, Euratom) 2015/443. That power has been sub-delegated to the
Director-General of the Directorate General for Human Resources and Security by means of Commission Decision
C(2021) 2684(3).
(1) OJ L 72, 17.3.2015, p. 41.
(2) Commission Decision C(2016) 2797 of 4 May 2016 on an empowerment relating to security.
(3) Commission Decision C(2021) 2684 of 13 April 2021 granting a sub-delegation of powers granted in Commission Decision C(2016)
2797 on an empowerment relating to security.L 292/28 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 16.8.2021
(9) Security measures pursuant to this Decision should comply with the principles for security in the Commission laid
down in Article 3 of Decision (EU, Euratom) 2015/443, in particular respecting the Charter of Fundamental Rights
of the European Union,
HAS ADOPTED THIS DECISION:
Article 1
Subject matter and scope
1. This Decision sets out criteria to define the period of time for which persons posing a threat to security may be
banned from the Commission’s premises pursuant to Article 12(1), point (b) of Decision (EU, Euratom) 2015/443.
2. This Decision shall apply to all Commission departments and in all Commission premises. Commission staff working
in Union Delegations shall be subject to the security rules for the European External Action Service(4).
3. This Decision shall not apply to suspension proceedings pursuant to Article 23 of Annex IX to the Staff Regulations
of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the
European Atomic Energy Community(5).
Article 2
Scope of the ban
1. The ban referred to in Article 1(1) may apply to one, several or all Commission premises.
2. Where the Commission shares premises with other EU institutions, agencies and bodies, the Commission shall
communicate the decision to ban access to Commission parts of the premises to the latter.
Article 3
Period of ban
1. The period of the ban referred to in Article 1(1) shall be based on the estimated duration, likelihood and seriousness
of the threat to security.
2. The criteria for assessing the seriousness of the threat to security shall include:
(a) the degree of harm to which it could lead, as regards the life, bodily integrity, well-being or health of persons, and
potential damage to assets and information;
(b) whether the threat is linked to commitment of a criminal offence;
(c) whether the threat is based on negligence, gross negligence or intent;
(d) whether the behaviour of the person posing the threat is violent, aggressive or repetitive;
(e) the extent of potential financial loss to the Commission;
(f) the extent of potential reputational damage to the Commission.
(4) Decision ADMIN(2017) 10 of the High Representative of the Union for Foreign Affairs and Security Policy of 19 September 2017 on
the security rules for the European External Action Service (OJ C 126, 10.4.2018, p. 1).
(5) Regulation No 31 (EEC), 11 (EAEC) laying down the Staff Regulations of Officials and the Conditions of Employment of Other
Servants of the European Economic Community and the European Atomic Energy Community (OJ P 45, 14.6.1962, p. 1385).16.8.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 292/29
3. Where the duration of the threat cannot be estimated with sufficient certainty and the threat is very serious, the
person posing the threat may be banned until further notice. That applies, in particular, where the threat has one of the
following characteristics:
(a) it consists of involvement in terrorist or espionage activities and networks;
(b) it could lead to loss of life, serious injury or harm, or significant damage to property, compromise sensitive or classified
information, or disrupt the Commission’s IT systems or essential operational capacities;
(c) it consists of violent, aggressive or repetitive behaviour, having the effect of seriously disrupting the functioning of
Commission services.
Article 4
Review of bans
The Commission shall review any decision taken pursuant to Article 12(1), point (b) of Decision (EU, Euratom) 2015/443
on request of the person concerned, provided the latter demonstrates new substantial elements that allow a re-examination
of the ban. The Commission shall base its review on the criteria that led to the initial ban.
Article 5
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Done at Brussels, 9 August 2021.
For the Commission
Gertrud INGESTAD
Director-General
Directorate-General for Human Resources and Security