(2000/178/CFSP)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European
Union, and in particular Article 28(1),
Having regard to the Treaty establishing
the European Community, and in particular Article 207(2),
Whereas:
(1) The Council adopted on 14 February
2000 Decision 2000/144/CFSP setting up the Interim Military Body(1).
(2) The Council adopted on 14 February
2000 Decision 2000/145/CFSP on the secondment of national experts in the
military field to the General Secretariat of the Council during an interim
period(2).
(3) Pursuant to Article 4 of Decision
2000/145/CFSP, that Decision takes effect only after the Council has established
the rules applicable to the secondment of such experts.
(4) It is therefore appropriate to
establish these rules,
HAS DECIDED AS FOLLOWS:
CHAPTER I
GENERAL PROVISIONS
Article 1
The national experts in the military
field on secondment to the Council General Secretariat during the interim
period as referred to in Decision 2000/145/CFSP (hereinafter "military
experts"), shall be subject to the rules set out in this Decision.
Article 2
A military expert on secondment
shall be a national of a Member State of the European Union.
Article 3
Period of secondment
-
Military experts may be seconded for
a maximum of three years. In exceptional cases, and taking account of particular
tasks to be performed, the secondment may be extended for a period up to
one year.
They shall serve on a full-time
basis throughout the period of secondment.
-
The probable period of secondment shall
be fixed at the outset in an Exchange of Letters between the Secretary-General/High
Representative and the Permanent Representative of the Member State concerned.
Article 4
Tasks
-
Military experts on secondment will
provide military expertise to the Interim Military Body and to the Secretary-General/High
Representative.
Acting under the authority of the
Secretary-General/High Representative and under the military guidance of
the Interim Military Body, they shall carry out the tasks assigned to them
in a predetermined work programme or job description.
-
Unless special instructions to the contrary
are given under the authority of the Secretary-General/High Representative,
military experts on secondment shall not enter into any commitment on the
General Secretariat's behalf with third parties.
Article 5
Social security and health care
-
Military experts remain covered by their
national social security legislation and health care provisions.
-
Before the period of secondment begins,
the national administration from which the military expert is to be seconded
shall certify to the General Secretariat that he/she will remain subject
through the period of secondment to the social security legislation (including
health care) applicable to that administration which will assume responsibility
for expenses incurred abroad.
Article 6
Accident insurance
The General Secretariat shall cover
military experts on secondment against the risk of accidents on the same
terms as General Secretariat employees not covered by the Staff Regulations.
This shall apply from the day the military expert takes up duty.
Article 7
Breaks in or termination of periods
of secondment
-
The Secretary-General/High Representative
may authorise breaks in periods of secondment and specify the terms applicable.
The allowances referred to in Articles 13 and 14 when applicable shall
be paid only if the break is at the Secretary-General/High Representative's
request.
-
Periods of secondment may be terminated
if the interests of the General Secretariat or the expert's national administration
so require or for any other sufficient cause.
CHAPTER II
RIGHTS AND OBLIGATIONS OF A MILITARY
EXPERT ON SECONDMENT
Article 8
-
A military expert on secondment shall
carry out his/her duties and conduct himself/herself solely with the interests
of the Council in mind and in accordance with the national provisions applicable
to his/her secondment.
-
A military expert on secondment shall
abstain from any action, and in particular any public expression of opinion,
which may reflect on his/her position.
-
A military expert on secondment who,
in the performance of his/her duties, is called on to pronounce on a matter
in the handling or outcome of which he/she has a personal interest such
as to impair his/her independence shall inform the head of the department
to which he/she is assigned.
-
A military expert on secondment shall
exercise the greatest discretion with regard to all facts and information
coming to his/her knowledge in the course of or in connection with the
performance of his/her duties. He/she shall not in any form whatsoever
disclose to any unauthorised person any document or information not legally
made public. He/she shall continue to be bound by this obligation after
his/her period of secondment without prejudice to national provisions in
this field.
-
A military expert on secondment shall
not, whether alone or together with others, publish or cause to be published
any text dealing with the work of the European Union without obtaining
permission in accordance with the conditions and rules in force at the
General Secretariat.
-
A military expert on secondment shall
be subject to the security rules and regulations in force in the General
Secretariat without prejudice to his/her continuing national security obligations.
-
A military expert on secondment shall
continue to be subject to his/her national disciplinary rules. The Secretary-General/High
Representative may bring to the attention of national authorities any violation
by the military experts of the rules set out or referred to in the present
Decision.
-
All rights in any work done by a military
expert on secondment in the performance of his/her duties shall be the
property of the General Secretariat.
-
A military expert on secondment shall
reside at his/her place of employment or at no greater distance therefrom
as is compatible with the proper performance of his/her duties.
-
A military expert on secondment shall
assist and provide advice to the superiors to whom he/she is assigned;
he/she shall be responsible to them for performance of the tasks entrusted
to him/her.
CHAPTER III
WORKING CONDITIONS OF THE MILITARY
EXPERT ON SECONDMENT
Article 9
Hours of work
A military expert on secondment
shall be bound by the rules on hours of work in force at the General Secretariat.
Article 10
Leave and official closing dates
Military experts on secondment shall
be subject to their national rules on annual leave and special leave. Official
closing dates in force at the General Secretariat shall apply to them.
Article 11
Management and control
Management and control of leave
and working time shall be the responsibility of the Secretary-General/High
Representative or the Deputy Secretary-General. For that purpose, the relevant
information on the leave entitlement including the annual credit shall
be communicated in the Exchange of Letters referred to in Article 16(2).
CHAPTER IV
EMOLUMENTS
A. Remuneration
Article 12
Remuneration
The remuneration of the military
expert on secondment shall continue to be the full responsibility of the
Member State concerned.
B. Reimbursement of expenses
Article 13
Travel expenses
-
If a military expert on secondment has
not removed his/her personal effects from his/her place of recruitment
to his/her place of employment, he/she shall be entitled each month to
the cost of a return journey from his/her place of employment to his/her
place of recruitment. This payment shall be made at the end of each month
or on the last day worked if the whole month is not worked. This flat-rate
payment shall be based on the cost of the first-class rail fare where the
single journey does not exceed five hundred kilometres. Where the journey
exceeds five hundred kilometres or involves a sea crossing, payment shall
be based on the reduced-price economy-class air fare (the lowest fare offered
by the national companies serving the place of recruitment and the place
of employment).
-
The rate applied shall be that in force
on 1 January of the current year at the General Secretariat's Travel Office.
This rate shall be reviewed on 1 July in respect of journeys where the
price has increased by more than 5 % since 1 January. Where a whole month
is not worked, the amount shall be calculated in proportion to the number
of days worked.
-
If a military expert on secondment does
remove his/her personal effects from his/her place of recruitment to his/her
place of employment, he/she shall be entitled each year for himself/herself,
his/her spouse and his/her dependent children to a flat-rate payment equal
to the cost of a return journey from his/her place of employment to his/her
place of recruitment in accordance with the rules and conditions in force
at the General Secretariat.
-
In accordance with the rules and conditions
in force at the General Secretariat, a military expert on secondment shall
be entitled to reimbursement of travel expenses:
(a) for himself/herself:
- from his/her place of recruitment
to his/her place of employment at the beginning of the period of secondment,
- from his/her place of employment
to his/her place of recruitment at the end of the period of secondment,
(b) for his/her spouse and dependent
children:
- from the place of recruitment
to the place of employment when removal takes place,
- from the place of employment to
the place of recruitment at the end of the period of secondment.
-
For the purpose of this Decision, the
place of recruitment shall be the place where the military expert on secondment
performed his/her duties prior to his/her secondment. The place of employment
shall be the place in which the department to which he/she is assigned
is located. The Exchange of Letters referred to in Article 16(2) shall
identify these places.
-
The Exchange of Letters referred to
in Article 16(2) may stipulate that travel expenses shall not be covered
by the General Secretariat.
Article 14
Removal expenses
-
A military expert on secondment shall
be entitled to reimbursement of the costs of removing his/her personal
effects in accordance with the rules and conditions in force at the General
Secretariat and with paragraphs 2 and 3.
-
A military expert on secondment who
moves his/her residence to his/her place of employment to comply with the
obligation set out in Article 8(9) may remove his/her personal effects
no later than six months after taking up duty provided that the probable
period of secondment is at least two years and that the place of recruitment
is at least 50 km from the place of employment.
-
At the end of the period of secondment,
removal must take place within one year.
-
The Exchange of Letters referred to
in Article 16(2) may stipulate that removal expenses shall not be covered
by the General Secretariat.
Article 15
Official travel and related expenses
-
Military experts on secondment may be
sent on official travel, subject to compliance with Article 4.
-
Official travel expenses shall be reimbursed
in accordance with the rules and conditions relating to the reimbursement
of such expenses for officials in force at the General Secretariat.
CHAPTER V
ADMINISTRATIVE AND BUDGETARY PROVISIONS
Article 16
Budgetary allocations and contracts
-
Expenditure arising from the secondment
of military experts shall be charged to line 1113 of the Council budget.
-
Secondment and any extension thereof
shall be implemented by an Exchange of Letters between the Secretary-General/High
Representative and the Permanent Representative of the Member State concerned.
The Exchange of Letters shall indicate the names of the individuals authorised
to lay down the practical detailed arrangements for secondment under this
Decision. A military expert on secondment shall present himself/herself
to the appropriate department of the Directorate-General for Administration
and Protocol on the first day of his/her secondment to complete the relevant
administrative formalities.
Article 17
Settlement of expenditure
Payments shall be made by the appropriate
department of the Directorate-General for Administration and Protocol,
in euro into a bank account opened at a banking institution in Belgium.
Article 18
Expenditure on infrastructure
Expenditure on the provision of
working facilities (offices, furniture, machines, etc.) for military experts
on secondment paid from administrative appropriations shall be charged
to administrative appropriations.
Article 19
-
This Decision shall take effect on the
date of its adoption.
-
It shall apply until the permanent bodies
of the Common European Security and Defence Policy are established.
Article 20
This Decision shall be published
in the Official Journal.
Done at Brussels, 28 February 2000.
For the Council
The President
J. PINA MOURA
(1) OJ L 49, 22.2.2000, p. 2.
(2) OJ L 49, 22.2.2000, p. 3.
|