2003D0479 — EN — 01.04.2004 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDECISION
of16June2003
concerning the rules applicable to national experts and military staff on secondment to the
General Secretariat of the Council and repealing the Decisions of 25 June 1997 and 22 March
1999,Decision2001/41/ECandDecision2001/496/CFSP
(2003/479/EC)
(OJ L 160, 28.6.2003, p. 72)
Amended by:
Official Journal
No page date
►M1Council Decision 2004/240/EC of 8 March 2004 L 74 17 12.3.2004
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COUNCILDECISION
of16June2003
concerning the rules applicable to national experts and military
staff on secondment to the General Secretariat of the Council andrepealing the Decisions of 25 June 1997 and 22 March 1999, Deci-
sion2001/41/ECandDecision2001/496/CFSP
(2003/479/EC)
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)Seconded national experts(hereinafter referred to asSNEs ) and
seconded national military staff (hereinafter referred to asseconded military staff) should enable the General Secretariatof the Council (hereinafter referred to asthe GSC) to benefit
from the high level of their knowledge and professional experi-
ence, in particular in areas where such expertise is not readilyavailable.
(2)This Decision should foster the exchange of professional experi-ence and knowledge of European policiesby temporarilyassigning to the GSC experts from Member States' administra-
tions. It also seeks to ensure close collaboration between the
Council and national administrations or international organisa-tions, by means of the secondment of GSC officials to them.
(3)SNEs should be drawn from governments or ministries inMember Statesor from international organis ations .
(4)The rights and obligations of SNEs and seconded military staff
set out in this Decision should ensure that they carry out their
duties solely in the interests of the GSC.
(5)In view of the temporary nature of their work and their particularstatus, SNEs and seconded military staff should not take respon-sibility on behalf of the GSC for the exercise of its public lawprerogatives.
(6)This Decision should set out all the conditions of employment ofSNEs and seconded military staff and be applicable regardless ofthe origin of the budgetary appropriationsus ed to cover theexpenditure.
(7)Special provision should moreover be made for military staffseconded to the GSC to form the European Union military staff.
(8)Since these rules replace those laid down in the Decisions of 25June 1997 and 22 March 1999, aswell asin Decis ion 2001/41/EC and in Decision 2001/496/CFSP, those Decisions should berepealed,
HAS DECIDED AS FOLLOWS:
CHAPTER I
GENERALPROVISIONS
Article 1
Scope
1. These Rules are applicable to seconded national experts (SNEs)
seconded to the GSC by a national, regional or local public administra-tion. They shall also apply to experts on secondment from aninternational organisation.2003D0479 — EN — 01.04.2004 — 001.001 — 2
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2. The persons covered by these Rules shall remain in the service of
their employer throughout the period of secondment and shall continueto be paid by that employer.
3. The GSC shall recruit SNEs in accordance with requirements and
budgetary possibilities. The Deputy Secretary-General shall establishthe arrangementsfor s uch recruitment.
4. Except where the Deputy Secretary-General grantsa derogation
which isnot applicable in the area of the CFSP/ESPD, SNEsmus t benationalsof a Member State. SNEss hall be recruited on aswide a
geographical basis as possible among the nationals of the Member
States. The Member States and the GSC shall cooperate to ensure, asfar as possible, a balance between men and women and observe theprinciple of equal opportunities.
5. Secondment shall be implemented by an Exchange of Letters
between the Directorate-General for Personnel and Administration ofthe GSC and the Permanent Representation of the Member State
concerned or the international organisation, as appropriate. A copy of
the rules applicable to SNEs on secondment to the GSC shall beattached to the Exchange of Letters.
Article 2
Periodofsecondment
1. The period of secondment may not be less than six months nor
exceed two years and may be renewed successively up to a total periodnot exceeding four years.
2. The intended period of secondment shall be fixed at the outset in
the exchange of Lettersprovided for in Article 1(5). The s ame proce-
dure shall apply in the case of a renewal of the period of secondment.
3. A SNE who hasalready been s econded to the GSC may be
seconded again, in accordance with internal rules laying downmaximum periods during which such persons may be present in GSCdepartmentsand s ubject to the following conditions :
(a) the SNE must continue to meet the conditions for secondment;
(b) a period of at least six years must have elapsed between the end of
the previous period of secondment and any further secondment; ifat the end of the first secondment the SNE has received another,additional contract, the six-year period shall begin to run from the
expiry of that contract. This provision shall not prevent the GSC
from accepting the secondment of a SNE whose initial secondmentlasted for less than four years, but in that case the new secondmentshall not exceed the unexpired part of the four-year period.
Article 3
Place ofsecondment
SNEs shall be seconded to Brussels or to a GSC liaison office.
Article 4
Duties
1. A SNE shall assist GSC officials or temporary staff and carry out
the tasks assigned to him.
The dutiescarried out s hall be defined by mutual agreement between
the GSC and the administration which seconds the national expert in
the interest of the departments and taking into account the candidate'squalifications.
2. A SNE shall take part in missions and meetings only:
(a) if accompanying a GSC official or temporary staff member; or
(b) as an observer or solely for information purposes, if alone.2003D0479 — EN — 01.04.2004 — 001.001 — 3
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The Director-General of the department concerned may in certain
special circumstances derogate from this rule on the basis of a specificmandate given to the SNE, after verifying that there isno potential
conflict of interest. Unless a special mandate has been granted, under
the authority of the Secretary-General/High Representative, by theDirector General of the department concerned, the SNE may notcommit the GSC externally.
3. The GSC shall retain sole responsibility for approving the results
of tasks performed by the SNE.
4. The GSC departmentsconcerned, the SNE'semployer and the
SNE shall make every effort to avoid any conflict of interest or appear-
ance of such a conflict in relation to the SNE's duties during
secondment. To this end, the GSC shall, in good time, inform theSNE and the employer of the intended duties and shall ask each ofthem to confirm in writing that they know of no reason why the SNEshould not be assigned to those duties. The SNE shall be asked in parti-
cular to declare any potential conflict between hisfamily circums tances
(in particular the professional activities of close family members or anyimportant financial interests of his own, or of close family members)and the proposed duties while on secondment.
The employer and the SNE shall undertake to notify the GSC of any
change of circumstances during the secondment which could give riseto any such conflict.
5. Where the GSC considers that the nature of the tasks entrusted to
the SNE requires particular security precautions, security clearance
shall be obtained before the SNE is seconded.
6. In the event of failure to comply with the provisions of para-
graphs2, 3 and 4, the GSC may terminate the s econdment of the
SNE under the termsof Article 8.
Article 5
Rightsandobligations
1. During the period of secondment:
(a) a SNE shall carry out his duties and shall behave solely with the
interests of the Council in mind;
(b) a SNE shall abstain from any action, and in particular any public
expression of opinion, which may reflect on his position at the
GSC;
(c) any SNE who, in the performance of hisduties , iscalled upon to
give a decision on the handling or outcome of a matter in which
he has a personal interest that could impair his independence, shallinform the head of the department to which he is assigned;
(d) a SNE shall not, whether alone or together with others, publish or
cause to be published any text dealing with the work of theEuropean Union without obtaining permission in accordance withthe conditions and rules in force at the GSC. Permission shall berefused only where the intended publication is liable to prejudice
the interests of the European Union;
(e) all rightsin any work done by a SNE in the performance of his
dutiess hall be the property of the GSC;
(f) a SNE shall reside at the place of secondment or at no greater
distance therefrom as is compatible with the proper performanceof hisactivities ;
(g) a SNE shall assist and tender advice to the superior to whom he is
assigned and shall be responsible to his superior for the perfor-mance of the tasks entrusted to him;
(h) a SNE shall, in the exercise of his duties, accept no instructions
from hisemployer or national government. He s hall not undertakeany activitiesfor hisemployer, nor for governments , nor for anyother person, private company or public body.2003D0479 — EN — 01.04.2004 — 001.001 — 4
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2. Both during and after the period of secondment, a SNE shall
exercise the greatest discretion with regard to all facts and informationcoming to hisknowledge in the cours e of or in connection with the
performance of his duties. He shall not in any form whatsoever
disclose to any unauthorised person any document or information notalready lawfully made public, nor shall he use it for personal gain.
3. At the end of the secondment a SNE shall continue to be bound
by the obligation to act with integrity and discretion in the exercise of
new duties assigned to him and in accepting certain posts or advan-tages.
To that end, in the three yearsfollowing the period of s econdment a
SNE shall inform the GSC forthwith of any duties or tasks he has to
perform for hisemployer which are likely to give ris e to a conflict of
interest in relation to the tasks he carried out during secondment.
4. A SNE shall be subject to the security rules in force in the GSC.
5. Failure to comply with the provisions of this Article during the
period of secondment shall entitle the GSC to terminate the second-ment of a SNE under the termsof Article 8.
Article 6
Level, professionalexperience andknowledgeoflanguages
1. To qualify for secondment to the GSC a SNE must have at least
three years' full-time experience of administrative, scientific, technical,advisory or supervisory functions equivalent to those of category A orB asdefined in the Staff Regulationsof officialsof the European
Communitiesand the Conditionsof employment applicable to other
servants of the Communities. Before the secondment, the SNE'semployer shall supply the GSC with a statement of the expert'semployment covering the previous12 months .
2. A SNE must have a thorough knowledge of one Community
language and a satisfactory knowledge of a second language for the
performance of hisduties .
Article 7
Suspensionofsecondment
1. The GSC may authorise suspensions of secondment and specify
the terms applicable. During such suspensions:
(a) the allowancesreferred to in Articles15 and 16 s hall not be
payable;
(b) the expenses referred to in Articles 18 and 19 shall be payable only
if the suspension is at the GSC's request.
2. The GSC shall inform the SNE's employer.
Article 8
Terminationofperiodsofsecondment
1. Subject to paragraph 2, secondment may be terminated at the
request of GSC or of the SNE's employer, provided three months'notice is given. It may also be terminated at the SNE's request providedthe same notice is given and subject to the GSC's agreement.
2. In certain exceptional circumstances the secondment may be
terminated without notice:
(a) by the SNE's employer, if the employer's essential interests so
require,
(b) by agreement between the GSC and the employer, at the request of
the SNE to both parties, if the SNE's essential personal or profes-sional interests so require,2003D0479 — EN — 01.04.2004 — 001.001 — 5
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(c) by the GSC in the event of failure by the SNE to comply with his
obligations under these rules. The SNE shall first be given anopportunity to submit his defence.
3. In the event of termination under paragraph 2(c), the GSC shall
immediately inform the employer.
CHAPTER II
WORKINGCONDITIONS
Article 9
Socialsecurity
1. Before the period of secondment begins, the employer from
which the national expert is to be seconded shall certify to the GSC
that, throughout the period of secondment, the SNE will remain subjectto the social security legislation applicable to the public administrationor international organisation which employs the SNE and which willassume responsibility for expenses incurred abroad.
2. From the commencement of his secondment, the SNE shall be
covered by the GSC against the risk of accident. The GSC shallprovide him with a copy of the termsof thiscover on the day on whichhe reportsto the relevant department of the Directorate-General forPersonnel and Administration to complete the administrative formal-itiesrelated to the s econdment.
Article 10
Workinghours
1. A SNE shall be subject to the rules in force in the GSC as regards
working hours. These rules may be modified by the Deputy Secretary-General where the needsof the department s o require.
2. A SNE shall serve on a full-time basis throughout the period of
secondment. Following a duly justified request from a Directorate-
General and subject to compatibility with the interests of the GSC, the
Director-General for Personnel and Administration may authorise aSNE to work part time, after agreement from hisemployer.
3. Where part-time work is authorised, the SNE shall work at least
half of the normal working time.
4. A SNE may work flexible hoursonly if authoris ed by the GSC
department to which he is assigned. Authorisation shall be forwarded
for information to the relevant unit of the Directorate-General for
Personnel and Administration.
5. The allowancesin force within the GSC for s hift-work may be
granted to SNEs.
Article 11
Absenceforreasonsofsicknessoraccident
1. In the event of absence for reasons of sickness or accident, a SNE
shall notify his superior as soon as possible, stating his present address.
He shall produce a medical certificate if absent for more than threedaysand may be required to undergo a medical examination arrangedby the GSC.
2. If absence due to sickness or accident of not more than three days
exceeds a total of 12 days over a period of 12 months, a SNE shall be
required to produce a medical certificate for any further absence due to
sickness.
3. Where the period of sick leave exceeds one month or the period
of service performed by the SNE, whichever is the longer, the allow-ancesreferred to in Article 15(1) and (2) s hall be automaticallysuspended. This provision shall not apply in the event of illness linked2003D0479 — EN — 01.04.2004 — 001.001 — 6
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to pregnancy. Sick leave may not extend beyond the duration of the
secondment of the person concerned.
4. However, a SNE who isthe victim of a work-related injury which
occurs during the secondment shall continue to receive, in full, theallowancesprovided for in Article 15(1) and (2) throughout the periodduring which he isunfit for work up to the end of the period of s econd-ment.
Article 12
Annualleave, specialleave andholidays
1. A SNE shall be entitled to two-and-a-half working days of leave
per whole month of service (30 days per calendar year).
2. Leave is subject to prior authorisation by the department to which
the SNE is assigned.
3. A SNE may, on reasoned application, be granted special leave in
the following cases:
— marriage of the SNE: two daysannually,
— serious illness of spouse: up to three days,— death of spouse: four days,— serious illness of a relative in the ascending line: up to two days
annually,
— death of a relative in the ascending line: two days,— birth of a child: two days,— serious illness of a child: up to two days annually,— death of a child: four days.
4. Upon a duly justified request by the SNE's employer, up to two
daysof s pecial leave in a 12-month period may be granted by theGSC on a case-by-case basis.
5. In the case of part-time work, annual leave shall be reduced
accordingly.
6. Daysof annual leave not taken by the end of the period of
secondment shall be forfeited.
Article 13
Maternity leave
1. A SNE who ispregnant s hall be granted maternity leave of 16
weeks, during which period she shall receive the allowances providedfor in Article 15.
2. A SNE who is breastfeeding may on request, on the basis of a
medical certificate attesting the fact, be granted special leave for a
maximum of four weeksrunning from the end of her maternity leave,during which period she shall receive the allowances laid down inArticle 15.
3. Where the national legislation of the employer of the SNE grants
longer maternity leave, the secondment shall be suspended for theperiod exceeding that granted by the GSC. In that case a period equiva-lent to the suspension shall be added at the end of the secondment ifthe interests of the GSC warrant it.
4. A SNE may, alternatively, apply for a suspension of the second-
ment to cover the whole of the periodsallowed for maternity andbreastfeeding leave. In that case a period equivalent to the suspensionshall be added at the end of the secondment if the interests of the GSCwarrant it.2003D0479 — EN — 01.04.2004 — 001.001 — 7
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Article 14
Managementandcontrol
Management and control of leave shall lie with the administration of
the GSC. Control of working time and absences shall be the responsi-bility of the Directorate-General or department to which the SNE is
assigned.
CHAPTER III
ALLOWANCESANDEXPENSES
Article 15
Subsistenceallowances
1. A SNE shall be entitled to a daily subsistence allowance
throughout the period of secondment. Where the distance between theplace of residence and the place of secondment is 150 km or less, thedaily allowance shall be EUR 27,96. Where the distance is more than150 km, the daily allowance shall be EUR 111,83.
2. If the SNE hasnot received removal expens esfrom either the
GSC or from the employer, an additional monthly allowance shall bepaid ass hown in the table below:
Distance between place of recruitment and
place of secondment
(km)Amount in euro
0-150 0
> 150 71,89> 300 127,80> 500 207,68
> 800 335,48
> 1 300 527,18> 2 000 631,03
This allowance shall be paid monthly in arrears.
3. These allowances shall be payable for periods of mission, annual
leave, maternity leave, special leave and holidays granted by the GSC.
4. SNEswho during the three yearsending s ix monthsbefore the
secondment habitually resided or pursued their principal professionalactivity at a location situated at a distance of 150 km or less from the
place of secondment shall receive a daily subsistence allowance of
EUR 27,96. For the purpose of this provision, circumstances arisingfrom work done by SNEsfor a State other than that of the place ofsecondment or for an international organisation shall not be taken intoaccount.
5. When the SNE starts the secondment, he shall receive an advance
amount equivalent to 75 days of the subsistence allowance, whereupon
entitlement to any further such allowances shall cease during the corre-sponding period. If the secondment to the GSC is ended before theexpiry of the period taken into account to calculate the advance, theSNE isobliged to return the amount corres ponding to the remainingpart of that period.2003D0479 — EN — 01.04.2004 — 001.001 — 8
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6. At the time of the exchange of Lettersprovided for in Article 1(5)
the GSC shall be informed of any payment similar to that mentioned inparagraph 1 of thisArticle received by the SNE. Any s uch amounts
shall be deducted from the allowance paid by the GSC pursuant to the
said paragraph 1.
7. Daily and monthly allowances shall be adjusted each year without
retroactive effect on the basis of the adaptation of the basic salaries ofCommunity officials in Brussels and Luxembourg.
8. For SNEs seconded to a GSC Liaison Office, the subsistence
allowancesreferred to in thisArticle may be replaced by a hous ing
allowance where this is justified by the specific circumstances of the
country of secondment, subject to a reasoned decision by the Director-General for Administration and Protocol.
Article 16
Additionalflat-rateallowance
1. Except where the place of residence of a SNE is 150 km or less
from the place of secondment, he shall, where appropriate, receive anadditional flat-rate allowance equal to the difference between the grossannual salary (less family allowances) paid by his employer plus the
subsistence allowances paid by the GSC and the basic salary payable
to an official in step 1 of grade A 8 or grade B 5, depending on thecategory to which he is assimilated.
2. This allowance shall be adjusted once a year without retroactive
effect on the basis of the adaptation of the basic salaries of Communityofficials.
Article 17
Place ofresidence
1. For the purposes of these rules, the place of residence shall be the
place where the SNE performed hisdutiesfor the employer immedi-
ately prior to secondment. The place of secondment shall be the place
where the GSC department to which the SNE is assigned is located.Both placess hall be identified in the exchange of Lettersmentionedin Article 1(5).
2. If, on secondment as a SNE, a national expert is already on
secondment on behalf of his employer in a place other than that in
which the latter's head office is located, the place of residence shall
be whichever of the two is closer to the place of secondment.
3. The place of residence shall be deemed to be the place of second-
ment where:
(a) during the three years ending six months before the secondment,
the SNE habitually resided or pursued his principal professionalactivity at a place situated 150 km or less from the place of second-
ment; or
(b) at the time of the GSC's request for the secondment, the place of
secondment is the principal residence of the SNE's spouse or ofany of hisdependent children.
To that end, residence at 150 km or less from the place of second-
ment isto be treated asres idence at that place.
4. For the purposes of applying this Article, circumstances arising
from work done by SNEsfor a State other than that of the place ofsecondment or for an international organisation shall not be taken intoaccount.2003D0479 — EN — 01.04.2004 — 001.001 — 9
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Article 18
Travelexpenses
1. A SNE whose place of residence is more than 150 km from the
place of secondment is entitled to reimbursement of travel expenses:
(a) for himself/herself:
— from the place of residence to the place of secondment at the
beginning of the period of secondment;
— from the place of secondment to the place of residence at the
end of the period of secondment;
(b) for his spouse and dependent children, provided that they live with
the SNE and that the removal isreimburs ed by the GSC:
— at the beginning of the secondment, on removal from the place
of residence to the place of secondment;
— at the end of the secondment, from the place of secondment to
the place of residence.
2. Unless the journey is made by air, the amount shall be reimbursed
at a flat rate, limited to the cost of the second-class rail fare, withoutsupplements. This shall also apply to journeys made by car. Wherethe rail journey exceeds500 km or where the s tandard route involves
a sea-crossing, air travel may be reimbursed up to actual cost of a
reduced-price ticket (PEX or APEX), on production of ticketsandboarding cards.
3. By way of derogation from paragraph 1, SNEswho prove that
they have changed the place at which they will pursue their principalactivity after the secondment shall be entitled to reimbursement oftravel expenses to that place within the above limits. The reimburse-
ment may not involve payment of a sum higher than that to which the
SNE isentitled in the event of return to the place of res idence.
4. If a SNE haseffected hisremoval from hisplace of res idence to
hisplace of s econdment, he will be entitled each year to a flat-ratepayment equal to the cost of a return journey from his place of second-ment to his place of residence for himself, his spouse and anydependent children on the basis of the provisions in force at the GSC.
Article 19
Removalexpenses
1. Unless the second sentence of Article 15(4) applies, a SNE may
remove his personal effects from the place of residence to the place ofsecondment, at the GSC's expense, after obtaining its prior authorisa-tion, pursuant to rules in force at the GSC at the time concerning
reimbursement of removal costs, provided the following conditions are
met:
(a) the initial period of secondment must be for two years;
(b) the SNE's place of residence must be 100 km or more from the
place of secondment;
(c) the removal must be completed within six months of the starting
date of the secondment;
(d) authorisation must be requested at least two months before the
intended date of removal;
(e) the removal costs are not being refunded by the employer;
(f) the SNE must send originals of estimates, receipts and invoices to
the GSC and a certificate from the SNE'semployer confirming that
the employer is not bearing removal costs.
2. Subject to paragraphs3 and 4, where the removal to the place of
secondment has been reimbursed by the GSC, the SNE shall be entitledat the end of the secondment, after prior authorisation, to reimburse-ment of removal costs from the place of secondment to the place ofresidence, pursuant to rules in force in the GSC at the time concerning2003D0479 — EN — 01.04.2004 — 001.001 — 10
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reimbursement of removal costs, subject to the conditions set out in
paragraph 1(d), (e) and (f) above and the following further conditions:
(a) the removal cannot take place earlier than three monthsbefore the
end of the secondment;
(b) the removal must be completed within six months following the
end of the secondment.
3. A SNE whose secondment is terminated at his request or at the
employer's request within two years from the start of the secondment
shall not be entitled to reimbursement of removal costs to the place ofresidence.
4. Where the SNE provesthat the place where he will purs ue his
principal activity after secondment has changed, removal costs to thatnew place may be reimbursed, but only up to the amount which would
have been paid in the case of removal to the place of residence.
Article 20
Missionsandmissionexpenses
1. A SNE may be sent on mission subject to Article 4.2. Mission expenses shall be reimbursed in accordance with the
provisions in force at the GSC.
Article 21
Training
A SNE shall be entitled to attend training courses organised by the
GSC, if the interests of the GSC warrant it. The reasonable interestsof the SNE, having regard in particular to his professional career after
the secondment, shall be considered when a decision on permission to
attend courses is taken.
Article 22
Administrativeprovisions
1. The SNE shall report to the relevant department of the Directo-
rate-General for Personnel and Administration on the first day ofsecondment to complete the requisite administrative formalities. Heshall take up his duties on either the first or the 16th of the month.
2. A SNE assigned to a GSC liaison office shall report to the rele-
vant department of the GSC in hisplace of s econdment.
3. Paymentss hall be made by the appropriate department of the
GSC, in euro, into a bank account opened at a banking institution inthe place of secondment.
CHAPTER IV
APPLICATION OF THE RULES TO SECONDED NATIONAL
MILITARYSTAFF
Article 23
Rulesapplyingtosecondedmilitary staff
Subject to Articles 24 to 33, these Rules shall also apply to military
staff seconded to the GSC in order to form the European Union mili-tary staff pursuant to Council Decision 2001/80/CFSP of 22 January2001 on the establishment of the military staff of the EuropeanUnion (
1).2003D0479 — EN — 01.04.2004 — 001.001 — 11
(1) OJ L 27, 30.1.2001, p. 7.
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Article 24
Conditions
Seconded military staff must be on paid service in the armed forces of
a Member State throughout their secondment. They must be nationals
of a Member State.
Article 25
Recruitment
By way of derogation from the second sentence of Article 1(3), the
Secretary-General/High Representative shall establish the arrangementsfor recruitment of seconded military staff.
Article 26
ExchangeofLetters
For the purposes of applying Article 1(5), the Exchange of Letters shall
take place between the Secretary-General/High Representative and the
Permanent Representation of the Member State concerned.
Article 27
Lengthofsecondment
1. By way of derogation from Article 2(1), the length of secondment
may not be less than six months nor more than three years and it maybe extended successively up to a total period not exceeding four years.
2. By way of derogation from Article 2(3)(b), except in exceptional
cases, a period of at least three years must have elapsed between the
end of the previous period of secondment and a new secondment,
where the conditions so justify and in agreement with the Secretary-General/High Representative.
Article 28
Tasks
By way of derogation from Article 4(1), seconded military staff acting
under the authority of the Secretary-General/High Representative shallfulfil the mission, carry out the tasks and perform the duties assigned to
them in accordance with the Annex to Decision 2001/80/CFSP.
Article 29
Externalcommitments
By way of derogation from Article 4(2), seconded military staff may
not involve the GSC in an external commitment, except under a specialmandate granted under the authority of the Secretary-General/HighRepresentative.
Article 30
Securityclearance
By way of derogation from Article 4(5), the appropriate level of the
seconded military staff member's security clearance, which may not
be lower than SECRET, must be stipulated in the Exchange of Letters
referred to in Article 1(5).
Article 31
Professional experience
By way of derogation from Article 6(1), a military staff member
working at administrative or advisory level and showing a high degreeof competence for the dutiesto be carried out may be s econded to theGSC.2003D0479 — EN — 01.04.2004 — 001.001 — 12
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Article 32
Suspensionandterminationofsecondment
1. Authorisation for Article 7 to be applied to a seconded military
staff member shall be given by the Secretary-General/High Representa-tive.
2. By way of derogation from Article 8, secondment may be termi-
nated if the interests of the GSC or of the seconded military staff
member's national administration so require or for any other sufficient
cause.
Article 33
Seriousfailure tocomplywithobligations
1. By way of derogation from Article 8(3), secondment may be
terminated without notice in serious cases of intentional or negligent
failure of the seconded military staff member to comply with his obli-
gations. The decision shall be taken by the Secretary-General/HighRepresentative after the person concerned has had an opportunity tos ubmit hisdefence. Before taking hisdecis ion, the Secretary-General/High Representative shall notify the Permanent Representative of theMember State of which the seconded military staff member is a
national. Further to that decision, the allowances referred to in Articles
18 and 19 shall no longer be granted.
Prior to the decision referred to in the first paragraph, a seconded mili-
tary staff member may be suspended where serious failure to complywith hisobligationsisalleged agains t him by the Secretary-General/
High Representative after the person concerned has been given an
opportunity to submit his defence. The allowances referred to in Arti-cles 15 and 16 shall not be paid during this suspension, which may notexceed three months.
2. The Secretary-General/High Representative may bring to the
attention of national authoritiesany violation by a military s taff
member on secondment of the rules set out or referred to in this Deci-sion.
3. A military staff member on secondment shall continue to be
subject to his national disciplinary rules.
Article 34
Workinghours
The second sentence of Article 10(2) shall not apply to seconded mili-
tary staff.
Article 35
Specialleave
By way of derogation from Article 12(4), unpaid additional special
leave may be granted by the GSC for training by the employer subjectto a duly reasoned request by the employer.
Article 36
Allowances
By way of derogation from Article 15(1) and Article 16, the Exchange
of Lettersreferred to in Article 1(5) may s tipulate that allowances
provided for therein will not be paid.
Article 37
Place ofresidence
1. The seconded military staff member is considered as having his
place of residence in the capital of the Member State of which he is a2003D0479 — EN — 01.04.2004 — 001.001 — 13
▼B
national, when, pursuant to Article 17(1), (2) and (3)(a), his place of
residence is situated at 150 km or less from the place of secondment.
2. The seconded military staff member is considered as having his
place of residence in the capital of the Member State of which he is a
national when the place of principal residence of the spouse or of thechild (children) referred to in Article 17(3)(b) iss ituated in a MemberState other than that of secondment.
CHAPTER V
FINALPROVISIONS
Article 38
Repeals
The following Decisions shall be repealed:
— Council Decision of 25 June 1997 on the rules applicable to
national expertson detachment to the General Secretariat of theCouncil (Directorate-General for Justice and Home Affairs) in thecontext of implementation of the plan to step up the fight againstorganised crime,
— Council Decision of 22 March 1999 on the rules applicable to
national expertson detachment to the General Secretariat of theCouncil (Directorate-General for Justice and Home Affairs) in the
context of the collective evaluation of the enactment, application
and effective implementation by the applicant countriesof theacquisof the European Union in the field of Jus tice and HomeAffairs,
— Council Decision 2001/41/EC of 22 December 2000 on the rules
applicable to national expertson detachment to the General Secre-tariat of the Council in the context of an exchange system forofficialsof the General Secretariat of the Council of the European
Union and officialsof national adminis trationsor of international
organisations (
1), and
— Council Decision 2001/496/CFSP of 25 June 2001 on the rules
applicable to national military staff on secondment to the GeneralSecretariat of the Council in order to form the European Unionmilitary staff (
2).
Article 39
Effect
This Decision shall take effect on the day of its publication in the Offi-
cial Journal of the European Union .
It shall apply from the first day of the month following its entry into
force to each new secondment or renewal of secondment.2003D0479 — EN — 01.04.2004 — 001.001 — 14
(1) OJ L 11, 16.1.2001, p. 35. Decision as amended by Decision 2002/34/EC
(OJ L 15, 17.1.2002, p. 29).
(2) OJ L 181, 4.7.2001, p. 1. Decision as amended by Decision 2002/34/EC.