2001D0496 — EN — 25.06.2001 — 000.001 — 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 25 June 2001
on the rules applicable to national military staff on secondment to the General Secretariat of the
Council in order to form the European Union Military Staff
(2001/496/CFSP)
(OJ L 181, 4.7.2001, p. 1)
Amended by:
Official Journal
No page date
►M1Council Decision 2002/34/EC of 20 December 2001 L 15 29 17.1.2002
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COUNCIL DECISION
of 25 June 2001
on the rules applicable to national military staff on secondment to
the General Secretariat of the Council in order to form the
European Union Military Staff
(2001/496/CFSP)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular
Article 28(1) thereof,
Having regard to the Treaty establishing the European Community, and
in particular Article 207(2) thereof,
Whereas:
(1)On 22 January 2001 the Council adopted Decision 2001/79/CFSP
setting up the Military Committee of the European Union(1).
(2)On 22 January 2001 the Council adopted Decision 2001/80/CFSP
on the establishment of the Military Staff of the EuropeanUnion(
2).
(3)Members of the Military Staff are subject to rules which will beestablished in a Council Decision.
(4)It is therefore appropriate to establish these rules,
HAS DECIDED AS FOLLOWS:
CHAPTER I
GENERAL PROVISIONS
Article 1
Definition
1. These rules apply to national military staff, hereinafter ‘military
staff’, on secondment to the Council General Secretariat, hereinafter
‘General Secretariat’, in accordance with Decision 2001/80/CFSP.
2. The persons covered by these rules shall remain in paid
employment in an armed force of a Member State of the European
Union throughout the period of secondment.
3. Military staff on secondment shall be nationals of a Member State
of the European Union.
Article 2
Period of secondment
1. Military staff on secondment may be seconded for a maximum of
three years. In exceptional cases, and taking account of particular tasksto be performed, the secondment may be extended for a period of up to
one year.
They shall serve on a full-time basis throughout the period of
secondment.
2. The probable period of secondment shall be fixed at the outset in
the Exchange of Letters mentioned in Article 18(2).
3. As a general rule, no military staff may be seconded to the General
Secretariat more than once. However, a member of military staff whohas already been seconded may be the subject of a fresh secondment2001D0496 — EN — 25.06.2001 — 000.001 — 2
(1) OJ L 27, 30.1.2001, p. 4.
(2) OJ L 27, 30.1.2001, p. 7.
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measure after at least three years, save in exceptional cases, have
elapsed between the end of the prior secondment and the freshsecondment, if conditions justify this and by agreement with the
Secretary-General/High Representative.
Article 3
Duties
1. Acting under the authority of the Secretary-General/High Repre-
sentative, military staff on secondment shall fulfil the mission, carry outthe tasks and perform the duties assigned to them in accordance with the
Annex to Decision 2001/80/CFSP.
2. Unless special instructions to the contrary are given under the
authority of the Secretary-General/High Representative, military staff onsecondment shall not enter into any commitment on the GeneralSecretariat's behalf with third parties.
Article 4
Level, professional experience and knowledge of languages
1. To qualify for secondment to the General Secretariat, military staff
must work at administrative or advisory level and show a high degree of
competence for the duties to be carried out.
2. Seconded military staff must have a thorough knowledge of one of
the languages of the European Union and a satisfactory knowledge ofanother to the extent necessary to carry out the duties involved.
3. The appropriate level of security clearance for seconded military
staff, which must not be lower than SECRET, must be stipulated in theExchange of Letters mentioned in Article 18(2).
4. Seconded military staff must have a good knowledge of the use of
information technologies.
Article 5
Social security
1. Before the period of secondment begins, the public administration
from which a military staff member is to be seconded must certify to theGeneral Secretariat that he will remain subject through the period ofsecondment to the social security legislation applicable to the publicadministration which employs him and which will assume responsibility
for expenses incurred abroad.
2. From the day a seconded military staff member takes up duty, he
shall have personal cover against the risk of accidents on the same termsas General Secretariat employees not covered by the Staff Regulations.
Article 6
Breaks in or termination of periods of secondment
1. The Secretary-General/High Representative may authorise breaks
in periods of secondment and specify the terms applicable. The
allowances referred to in Articles 12 and 13 shall not be payable duringsuch breaks. The allowances referred to in Articles 14 and 15 whenapplicable shall be paid only if the break is at the Secretary-General/High Representative's request.
2. Periods of secondment may be terminated if the interests of the
General Secretariat or of the national administration of the secondedmilitary staff member so require or for any other sufficient cause.2001D0496 — EN — 25.06.2001 — 000.001 — 3
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CHAPTER II
RIGHTS AND OBLIGATIONS
Article 7
1. A seconded military staff member shall carry out his duties and
conduct himself solely with the interests of the Council in mind.
2. A seconded military staff member shall abstain from any action,
and in particular any public expression of opinion, which may reflect onhis position.
3. Any seconded military staff member who, in the performance of
his duties, is called upon to pronounce on a matter in the handling oroutcome of which he has a personal interest such as to impair hisindependence shall inform the head of the department to which he is
assigned.
4. A seconded military staff member shall exercise the greatest
discretion with regard to all facts and information coming to his
knowledge in the course of or in connection with the performance of his
duties; he shall not in any form whatsoever disclose to any unauthorisedperson any document or information not legally made public. He shallcontinue to be bound by this obligation after his period of secondmenthas terminated.
5. Seconded military staff shall not, whether alone or together with
others, publish or cause to be published any text dealing with the workof the European Union without obtaining permission in accordance with
the conditions and rules in force at the General Secretariat.
6. Seconded military staff shall be subject to the security rules and
regulations in force in the General Secretariat.
7. All rights in any workdone by a seconded military staff member in
the performance of his duties shall be the property of the GeneralSecretariat.
8. A seconded military staff member shall reside at his place of
employment or at no greater distance therefrom than is compatible withthe proper performance of his duties.
9. A seconded military staff member shall assist and provide advice
to the superiors to whom he is assigned. He shall be responsible to them
for performance of the tasks entrusted to him.
10. A period of secondment may be terminated without notice in
serious cases of intentional or negligent failure of a seconded military
staff member to comply with his obligations. A decision shall be taken
by the Secretary-General/High Representative after the military staffmember concerned has been given an opportunity of submitting hisdefence. Before taking his decision, the Secretary-General/HighRepresentative shall inform the Permanent Representative of theMember State of which the seconded military staff member is a
national of that decision. Following the decision, the allowances referred
to in Articles 14 and 15 shall not be granted.
Before the decision referred to in the first subparagraph, a seconded
military staff member may be suspended where serious failure is alleged
against him by the Secretary-General/High Representative after themilitary staff member concerned has been given an opportunity ofsubmitting his defence. The allowances referred to in Articles 12 and 13shall not be paid during this suspension, which may not exceed three
months.
The Secretary-General/High Representative may bring to the attention of
national authorities any violation by the seconded military staff member
of the rules set out or referred to in the present Decision.
A seconded military staff member shall continue to be subject to his
national disciplinary rules.2001D0496 — EN — 25.06.2001 — 000.001 — 4
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CHAPTER III
WORKING CONDITIONS
Article 8
Hours of work
1. Seconded military staff shall be bound by the rules on hours of
work in force at the General Secretariat.
2. However, seconded military staff shall not be authorised to work
half-time.
Article 9
Leave and public holidays
Seconded military staff shall be bound by the rules on annual leave,
special leave and public holidays in force at the General Secretariat.
Article 10
Management and control
Management and control of days of leave and hours of work shall be the
responsibility of the administration of the General Secretariat.
CHAPTER IV
EMOLUMENTS
A. Remuneration
Article 11
Declaration of salary paid by the employer of the military staff
member
1. The Permanent Representation of the Member State concerned
shall notify the General Secretariat of the gross annual salary paid to
each seconded military staff member.
2. This information shall appear in the Exchange of Letters referred
to in Article 18(2).
B. Allowances
Article 12
Subsistence allowances
1. A seconded military staff member shall be entitled, throughout the
period of secondment, to a daily subsistence allowance of EUR 104,03.This allowance shall be paid monthly. However, the Exchange of Lettersreferred 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 public holidays granted by the General
Secretariat.
3. The daily allowance received by military staff members on
detachment who, over a three-year period expiring six months prior totaking up their duties as national experts, were normally resident or
pursued their main 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 military staff for a Member State other than theseconding State or for an international organisation, shall not be takeninto account.2001D0496 — EN — 25.06.2001 — 000.001 — 5
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4. An advance payment shall be made to a seconded military staff
member, when he takes up his duties, corresponding to the allowances towhich he is entitled under paragraph 1 for the period from the day he
takes up his duties to the last day of the second 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.
Where a seconded military staff member 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 military staff member which corresponds
to the period not spent in the General Secretariat's employment shall berecoverable.
5. The subsistence allowance for seconded military staff may be
adapted to take account of the trend in consumer prices in Brussels.
Article 13
Additional flat-rate allowance
Except where the place of recruitment of the seconded military staff
member is less than 50 km from his place of employment, he shall,
where appropriate, receive an additional flat-rate allowance equal to the
difference between the gross annual salary (less family allowances) paidby his original employer plus the subsistence allowance paid by theGeneral Secretariat and the basic salary payable to an official in step 1of Grade A8 or Grade B5, depending on the Category to which he is
assimilated. However, the Exchange of Letters referred to in Article
18(2) may stipulate that this flat-rate allowance shall not be paid.
C. Reimbursement of expenses
Article 14
Travel expenses
1. If a seconded military staff member has not removed his personal
effects from his place of recruitment to his place of employment, heshall be entitled each month to the cost of a return journey from hisplace of employment to his place of recruitment. This payment shall bemade at the end of each month or on the last day worked if the wholemonth 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 500
kilometres. Where the journey exceeds 500 kilometres or where theusual route includes a sea crossing, payment shall be based on thereduced-price economy-class air fare (the lowest fare offered by thenational companies serving the place of recruitment and the place of
employment).
2. 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 bereviewed 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 daysworked.
3. If a seconded military staff member does remove his personal
effects from his place of recruitment to his place of employment, heshall be entitled each year for himself, his spouse and his dependentchildren to a flat-rate payment equal to the cost of a return journey fromhis place of employment to his place of recruitment in accordance withthe rules and conditions in force at the General Secretariat.2001D0496 — EN — 25.06.2001 — 000.001 — 6
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4. In accordance with the rules and conditions in force at the General
Secretariat, a seconded military staff member 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 secondment,
— from his place of employment to his place of recruitment at the
end of the period of secondment;
(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 secondment.
5. For the purpose of this Decision, the place of recruitment shall be
the place where the seconded military staff member performed his dutieswith his original employer prior to his secondment. The place ofemployment 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 identify these places.
6. The Exchange of Letters referred to in Article 18(2) may stipulate
that travel expenses shall not be covered by the General Secretariat.
Article 15
Removal expenses
1. A seconded military staff member 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 secondment is at least two years and that the place of
recruitment is at least 50 kilometres from the place of employment.
2. A seconded military staff member shall be entitled to reimburse-
ment of the costs of removing his personal effects in accordance with the
rules and conditions in force at the General Secretariat.
3. At the end of the period of secondment, removal must take place
within three months of the end of the period of secondment.
4. The Exchange of Letters referred to in Article 18(2) may stipulate
that removal expenses shall not be covered by the General Secretariat.
Article 16
Official travel and related expenses
1. Military staff on secondment may be sent on official travel, in
accordance with Article 3.
2. 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.
Article 17
Adjustment of emoluments
1. The emoluments provided for in this chapter to which seconded
military staff are entitled shall not be revised during the period of
secondment.
2. However, the additional flat-rate allowance referred to in Article
13 shall be adjusted once a year, without retroactive effect, to takeaccount of changes in the basic salaries of Community officials.2001D0496 — EN — 25.06.2001 — 000.001 — 7
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CHAPTER V
ADMINISTRATIVE AND BUDGETARY PROVISIONS
Article 18
Budgetary allocations and contracts
1. Expenditure arising from the secondment of seconded military
staff shall be charged to the Council budget.
2. Secondment 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 thepractical arrangements for secondment under this Decision and thepayment of the allowances referred to in Articles 12, 13, 14 and 15. Anyletter extending, breaking or terminating the period of secondment shall
also be sent by the Secretary-General/High Representative. A seconded
military staff member shall present himself to the appropriatedepartment of the Directorate-General for Administration and Protocolon the first day of his secondment to complete the relevantadministrative formalities. In principle, he shall take up duty on thefirst of the month.
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 military staff on secondment shall be charged toadministrative appropriations of the Council.
Article 21
This Decision shall take effect on the date of its adoption.
Article 22
This Decision shall be published in the Official Journal.2001D0496 — EN — 25.06.2001 — 000.001 — 8