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activities, e.g. deliberation criteria, statutory limitations and indicative examples. There is no list of
activities that are excluded. Instead the Memorandum provides generic grounds (and examples)
upon which secondary activities may be refused: i) unacceptable conflicts of interest with the service
(e.g. close connections with the police function), ii) incompatible interests with the service (e.g.
financial or policy related connection with the police) or iii) harm to the reputation of the service
(e.g. secondary activities that disrespect regulations etc).

203. At the KMar, the general rules on secondary activities are included in Article 126b of the
General Military Personnel Regulations (military personnel) and in Article 70b of the Defence Civilian
Employees Regulations (civilian employees). The Defence Secondary Activities Regulations and its
Explanatory note contain detailed guidelines on the matter. Employees that intend to perform
secondary activities that may affect the performance of the assigned duties are to report such
activities to the head of the service, using a readymade registration form. KMar staff and their
managers may request advice from the Senior Integrity Adviser (SAI). Permission/refusal may be
granted depending on the following grounds: whether the secondary activities may be i) detrimental
to the performance of the assigned duties; ii) incompatible with the reputation of the profession or
iii) the proper performance of the assigned duties would otherwise not be reasonably ensured.

Gifts

204. At the NPN, the Gifts Policy and Procedure Memorandum (2014) contains guidelines on
acceptance of gifts. The general rule is that a gift may only be permissible if the value is less than €50
and the supervisor has granted permission to accept the gift. The staff must never accept gifts
exceeding €50 or offered in the form of money or a discount, regardless of the value. Gifts cannot be
solicited by the official.

205. Employees must report offers of gifts, in what manner it was offered, the assumed value and
the name of the person who offered the gift. There is no central record of gift declarations. There is
no duty to report minor gifts. A theme page has been added on the Intranet as an appendix to the
Police Professional Code, providing for guidance on acceptance of gifts.

206. The general principle in KMar is that its employees, military and civil, must not ask for or
accept payments, rewards, gifts or promises, unless allowed by the Ministry . Instruction SG A/984
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on the Implementation of the Defence Integrity Policy details guidelines on gifts and establishes a set
of questions an officer must ask for himself before any gift may be accepted (the reason for the gift,
its proportionality, etc.). In any event, gifts of a value exceeding €50 or in the form of voucher card,
cash, services and trips or invitations are not allowed, but gifts up to a maximum of €50 may be
accepted. Offers and accepted offers must be reported to the manager or the Integrity Cluster a
special form for such reports is to be used. In case of doubt, the official or the manager may consult
with the integrity adviser.

207. The GET is pleased that the rules on what is acceptable/not acceptable in terms of gifts are
relatively well developed, although there appears to be a number of exceptions to the main principle
not to accept gifts. Law enforcement officials may be allowed to accept gifts (except in cash,
vouchers etc., which are always banned) the value of which is less than €50 on condition that the
managers give their consent. The GET notes with some concern that there appears to be no annual
threshold for several gifts from the same person, but there are some guidelines for the KMar to this
end. Further, it would appear that neither the NPN nor the KMar keep registers of gifts or offers of
gifts reported. The GET believes that more formalised procedures (including the use of special forms
for reporting in the NPN) for situations where gifts (with the exception of obviously trivial gifts) have
been offered/accepted should be introduced and that the authorities should provide for registers of
gifts. GRECO recommends that the procedures in situations where gifts and advantages of a certain

48 Article 126d, General Military Personnel Regulations and Article 70f, Defence Civilian Employees Regulations

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