2001D0041 — EN — 25.06.2001 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DECISION
of 22 December 2000
on the rules applicable to national experts on detachment to the General Secretariat of the Council
in the context of an exchange system for officials of the General Secretariat of the Council of the
European Union and officials of national administrations or of international organisations
(2001/41/EC)
(OJ L 11, 16.1.2001, p. 35)
Amended by:
Official Journal
No page date
►M1Council Decision 2002/34/EC of 20 December 2001 L 15 29 17.1.2002
▼B
COUNCIL DECISION
of 22 December 2000
on the rules applicable to national experts on detachment to the
General Secretariat of the Council in the context of an exchangesystem for officials of the General Secretariat of the Council of theEuropean Union and officials of national administrations or of
international organisations
(2001/41/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 207(2) thereof,
Whereas:
(1)The conclusions of the Helsinki European Council in December
1999 encourage the implementation within the General Secre-
tariat of the Council of the possibility of exchanges with nationaladministrations.
(2)It has been decided to introduce arrangements for the exchange ofofficials to ensure closer collaboration between the Council andnational administrations or international organisations, by meansof the detachment of officials of the General Secretariat to suchadministrations or organisations and by the detachment to the
General Secretariat of national or international officials, thus
allowing a reciprocal transfer of knowledge to be carried out.
(3)The specific nature and volume of the work to be done justifiesthe detachment of several national experts and practitioners, to theGeneral Secretariat of the Council for a limited period,
HAS DECIDED AS FOLLOWS:
CHAPTER I
GENERAL PROVISIONS
Article 1
Definition
1. These rules are applicable to national experts on detachment to the
General Secretariat of the Council, hereinafter referred to as the‘General Secretariat’, in the context of the arrangements for exchanges
of officials of the General Secretariat with national administrations or
international organisations.
2. The persons covered by these rules shall remain in paid
employment in an international or national administration throughoutthe period of detachment.
3. Except where the Secretary-General/High Representative grants a
derogation, national experts on detachment shall be nationals of aMember State of the European Union. However, such a derogation shallbe excluded in the field of the European common security and defence
policy.
Article 2
Period of detachment
1. The period of detachment of national experts on detachment shall
depend on the tasks assigned to them. The total period of detachment,
including any renewal, may not exceed four years. They shall serve on afull-time basis throughout the period of detachment.
2. The probable period of detachment shall be fixed at the outset in
the Exchange of Letters referred to in Article 18(2) between the2001D0041 — EN — 25.06.2001 — 001.001 — 2
▼B
Secretary-General/High Representative and the Permanent Representa-
tive, or the employer in the case of an international organisation.
3. No national expert may be detached to the General Secretariat
more than once.
Article 3
Duties
1. National experts on detachment shall assist General Secretariat
officials and carry out the tasks entrusted to them in a predeterminedwork programme or job description.
2. The duties carried out shall be defined by mutual agreement
between the General Secretariat and the home administration in the
interest of the departments and taking into account the candidate's
qualifications.
3. Unless special instructions to the contrary are given, under the
authority of the Secretary-General/High Representative, by the Director-General of the Directorate-General to which they are assigned, nationalexperts on detachment shall not enter into any commitment on the
General Secretariat's behalf with third parties.
4. National experts on detachment may work in any field where their
services are deemed necessary provided there is no conflict with theinterests of the European Union.
Article 4
Level, professional experience and knowledge of languages
1. To qualify for detachment to the General Secretariat a national
expert must have at least three years' experience of advisory or
supervisory duties in a grade equivalent to Categories A or B at the
General Secretariat.
2. A national expert on detachment must have a thorough knowledge
of one of the languages of the European Union and a satisfactoryknowledge of another of these languages to the extent necessary for himto carry out the tasks entrusted to him.
3. The Exchange of Letters referred to in Article 18(2) must stipulate
the level of any security clearance of national experts on detachment.
4. National experts on detachment must have a good knowledge of
the use of information technology.
Article 5
Social security
1. Before the period of detachment begins, the administration from
which the official is to be detached shall certify to the GeneralSecretariat that he will remain subject throughout the period of
detachment to the social security legislation applicable to that
administration which will assume responsibility for expenses incurredabroad.
2. From the day he takes up duty a national expert on detachment
shall be personally insured against the risk of accidents on the sameterms as General Secretariat employees not covered by the Staff
Regulations.
3. A national expert on detachment who cannot be covered by a
public sickness insurance scheme can apply to have this risk insured bythe General Secretariat subject to his contributing half the relevantinsurance premium. In such a case, his contribution shall be deductedmonthly from the subsistence allowance referred to in Article 12.2001D0041 — EN — 25.06.2001 — 001.001 — 3
▼B
Article 6
Breaks in or termination of periods of detachment
1. The General Secretariat may authorise breaks in periods of
detachment and specify the terms applicable. The allowances referred to
in Articles 12 and 13 shall not be payable during such breaks. The
allowances referred to in Articles 14 and 15 shall be paid only if thebreak is at the General Secretariat's request.
2. Periods of detachment may be terminated if the interests of the
General Secretariat or the expert's employer so require or for any othersufficient cause.
CHAPTER II
RIGHTS AND OBLIGATIONS OF A NATIONAL EXPERT ON
DETACHMENT
Article 7
1. A national expert on detachment shall carry out his duties and
conduct himself solely with the interests of the Council in mind.
2. A national expert on detachment shall abstain from any action, and
in particular any public expression of opinion, which may reflect on hisposition.
3. A national expert on detachment who, in the performance of his
duties, is called on to decide on a matter in the handling or outcome of
which he has a personal interest such as to impair his independence shall
inform the head of the department to which he is assigned.
4. A national expert on detachment shall exercise the greatest
discretion with regard to all facts and information coming to hisknowledge in the course of or in connection with the performance of hisduties; he shall not in any form whatsoever disclose to any unauthorisedperson any document or information not already made public. He shall
continue to be bound by this obligation after his period of detachment
has terminated.
5. A national expert on detachment shall not, whether alone or
together with others, publish or cause to be published any matter dealingwith the work of the European Union without obtaining permission inaccordance with the conditions and rules in force at the General
Secretariat.
6. A national expert on detachment shall be subject to the security
rules in force at the General Secretariat.
7. All rights in any work done by a national expert on detachment in
the performance of his duties shall be the property of the GeneralSecretariat.
8. A national expert on detachment shall reside at his place of
employment or at no greater distance therefrom than is compatible with
the proper performance of his duties.
9. A national expert on detachment shall assist and tender advice to
the superiors at the General Secretariat; he shall be responsible to themfor performance of the tasks entrusted to him.
CHAPTER III
WORKING CONDITIONS OF THE NATIONAL EXPERT ON
DETACHMENT
Article 8
Hours of work
1. A national expert on detachment shall be bound by the rules on
hours of work in force at the General Secretariat.2001D0041 — EN — 25.06.2001 — 001.001 — 4
▼B
2. However, a national expert on detachment shall not be authorised
to work half-time.
Article 9
Leave and holidays
A national expert on detachment shall be subject to the rules on annual
leave, special leave and holidays in force at the General Secretariat.
Article 10
Management and control
Management and control of leave and working time shall be the
responsibility of the administration of the General Secretariat.
CHAPTER IV
EMOLUMENTS
A. Remuneration
Article 11
Declaration of salary paid by the expert's employer
1. The Office of the Permanent Representative of the Member State
concerned, or the employer in the case of an international organisation,
shall notify the General Secretariat of the gross annual salary paid to
each national expert on detachment.
2. This information shall appear in the Exchange of Letters between
the Secretary-General/High Representative and the Permanent Repre-sentative of the Member State concerned, or the employer in the case ofan international organisation.
B. Allowances
Article 12
Subsistence allowance
1. A national expert on detachment shall be entitled, throughout the
period of detachment, to a daily subsistence allowance of EUR 104,03.
This allowance shall be paid monthly. However, the Exchange of Letters
referred to in Article 18(2) may stipulate that this allowance shall not bepaid.
2. The allowance shall also be payable for periods of mission, annual
leave, special leave and holidays granted by the General Secretariat.
3. The daily allowance received by national experts on detachment
who, over a three-year period expiring six months prior to taking uptheir duties as national experts, were normally resident or pursued theirmain occupation in a place less than 50 km from the place of
secondment, shall be reduced by 75 %.
For the purposes of this provision, situations resulting from service
carried out, by seconded national experts for a Member State other than
the seconding State or for an international organisation, shall not betaken into account.
4. An advance payment shall be made to a national expert on
detachment, when he takes up his duties, corresponding to theallowances to which he is entitled under paragraph 1 for the periodfrom the day on which he takes up his duties to the last day of thesecond month following that in which he takes up his duties.
Where such payment is made, there shall be no further entitlement to
allowances for the corresponding period.2001D0041 — EN — 25.06.2001 — 001.001 — 5
▼M1
▼B
▼B
Where a national expert on detachment definitively ends his employ-
ment with the General Secretariat before expiry of the period taken intoaccount for the calculation of the advance payment, that portion of the
advance payment made to the expert which corresponds to the period
not spent in the General Secretariat's employment shall be recoverable.
5. The subsistence payment to the national expert on detachment may
be revised taking into account consumer price trends in Brussels.
Article 13
Additional flat-rate allowance
Except where the place of recruitment of the national expert on
detachment is less than 50 km from his place of employment, he shall,where appropriate, receive an additional flat-rate allowance equal to thedifference between the gross annual salary (less family allowances) paidby his employer plus the subsistence allowance paid by the GeneralSecretariat and the basic salary payable to an official in step 1 of Grade
A 8 or step 1 of Grade B 5, depending on the category to which he is
deemed to correspond.
C. Reimbursement of expenses
Article 14
Travel expenses
1. If a national expert on detachment has not removed his personal
effects from his place of recruitment to his place of employment, he
shall be entitled for himself each month to the cost of a return journey
from his place of employment to his place of recruitment. This paymentshall be made at the end of each month or on the last day worked if thewhole month is not worked. This flat-rate payment shall be based on thecost of the first-class rail fare where the single journey does not exceed500 km. Where the journey exceeds 500 km 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 ofrecruitment and the place of employment).
2. The rate applied shall be that in force at the General Secretariat's
travel office on 1 January of the current year. This rate shall be reviewedon 1 July in respect of journeys where the price has increased by morethan 5 % since 1 January. Where a whole month is not worked, theamount shall be calculated in proportion to the number of days worked.
3. If a national expert on detachment removes his personal effects
from his place of recruitment to his place of employment, he shall beentitled each year for himself, his spouse and his dependent children to a
flat-rate payment equal to the cost of a return journey from his place of
employment to his place of recruitment in accordance with the rules andconditions in force at the General Secretariat.
4. In accordance with the rules and conditions in force at the General
Secretariat, a national expert on detachment shall be entitled toreimbursement of travel expenses:
(a) for himself:
— from his place of recruitment to his place of employment at the
beginning of the period of detachment,
— from his place of employment to his place of recruitment at the
end of the period of detachment;
(b) for his 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 detachment.
5. For the purpose of this Decision, the place of recruitment shall be
the place where the national expert on detachment performed his dutieswith his original employer prior to his detachment. The place of2001D0041 — EN — 25.06.2001 — 001.001 — 6
▼B
employment shall be the place in which the department to which he is
assigned is located. The Exchange of Letters referred to in Article 18(2)shall specify these places.
6. The Exchange of Letters referred to in Article 18(2) may specify
that travel expenses shall not be borne by the General Secretariat.
Article 15
Removal expenses
1. A national expert on detachment who is obliged to move his
residence to his place of employment may remove his personal effectsno later than six months after taking up duty provided that the probableperiod of detachment is at least one year and that the place of
recruitment is at least 50 km from the place of employment.
2. A national expert on detachment shall be entitled to reimbursement
of the costs of removing his personal effects in accordance with the rulesand conditions in force at the General Secretariat.
3. Removal must take place within three months of the end of the
period of detachment.
4. The Exchange of Letters referred to in Article 18(2) may specify
that removal expenses shall not be borne by the General Secretariat.
Article 16
Missions and mission expenses
1. A national expert on detachment may be sent on mission in
accordance with Article 3.
2. Mission expenses shall be reimbursed in accordance with the rules
and conditions relating to the reimbursement of mission expenses forofficials in force at the General Secretariat.
Article 17
Adjustment of emoluments
1. The emoluments to which a national expert on detachment is
entitled shall not be revised during the period of detachment.
2. However, the additional flat-rate allowance referred to in Article
13 shall be adjusted once a year, without retroactive effect, to take
account of changes in the basic salaries of Community officials.
CHAPTER V
ADMINISTRATIVE AND BUDGETARY PROVISIONS
Article 18
Budgetary allocations and contracts
1. Expenditure arising from the detachment of national experts shall
be charged to budget heading 1113 of the Council budget.
2. Detachment shall be implemented by an Exchange of Letters
between the Secretary-General/High Representative and the Permanent
Representative of the Member State concerned, or the employer in thecase of an international organisation. The Exchange of Letters shallindicate the names of the individuals authorised to lay down thepractical detailed arrangements for detachment under this Decision. Any
letter extending, breaking or terminating the period of detachment shall
also be sent by the Secretary-General/High Representative. A nationalexpert on detachment shall present himself to the appropriate departmentof the Directorate-General for Administration and Protocol on the firstday of his detachment to complete the relevant administrativeformalities. He shall take up duty on the first of the month.2001D0041 — EN — 25.06.2001 — 001.001 — 7
▼B
Article 19
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 20
Expenditure on infrastructure
Expenditure on the provision of working facilities (offices, furniture,
machines, etc.) for national experts on detachment shall be charged to
administrative appropriations.
Article 21
This Decision shall take effect on the day of its adoption.
Article 22
This Decision shall be published in the Official Journal.2001D0041 — EN — 25.06.2001 — 001.001 — 8