2001/41/EC: 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
Date: 2000-12-22
Institutions: Council of the European Union
Subjects: Council of the European Union, civil servant, international organisation, public administration, secretariat of an Institution, self-employed person

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(Acts whose publication is not obligatory)

COUNCIL

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)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 207(2) thereof,

arrangements for exchanges of officials of the General Secre-
tariat with national administrations or international organ-
isations.

Whereas:

(1)

(2)

(3)

in
The conclusions of the Helsinki European Council
December 1999 encourage the implementation within
the General Secretariat of the Council of the possibility
of exchanges with national administrations.

It has been decided to introduce arrangements for the
exchange of officials to ensure closer collaboration
between the Council and national administrations or
international organisations, by means of the detachment
of officials of the General Secretariat to such administra-
tions 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.

The specific nature and volume of the work to be done
justifies the detachment of several national experts and
practitioners, to the General Secretariat of the Council
for a limited period,

HAS DECIDED AS FOLLOWS:

CHAPTER I

GENERAL PROVISIONS

Article 1

Definition

The persons covered by these rules shall remain in paid
in an international or national administration

2.
employment
throughout the period of detachment.

3.
Except where the Secretary-General/High Representative
grants a derogation, national experts on detachment shall be
nationals of a Member State of the European Union. However,
such a derogation shall be 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 detach-
ment 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 a full-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 the Secretary-General/High Representative and the
Permanent Representative, or the employer in the case of an
international organisation.

1.
These rules are applicable to national experts on detach-
ment to the General Secretariat of the Council, hereinafter
referred to as the ‘General Secretariat’, in the context of the

No national expert may be detached to the General Secre-

3.
tariat more than once.

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Article 3

Duties

National experts on detachment shall assist General
1.
Secretariat officials and carry out the tasks entrusted to them in
a predetermined work programme or job description.

2.
The duties carried out shall be defined by mutual agree-
ment between the General Secretariat and the home adminis-
tration in the interest of the departments and taking into
account the candidate's qualifications.

A national expert on detachment who cannot be covered
3.
by a public sickness insurance scheme can apply to have this
risk insured by the General Secretariat subject to his contri-
buting half the relevant insurance premium. In such a case, his
contribution shall be deducted monthly from the subsistence
allowance referred to in Article 12.

Article 6

Breaks in or termination of periods of detachment

instructions to the contrary are given,
Unless special
3.
under the authority of
the Secretary-General/High Repres-
entative, by the Director-General of the Directorate-General to
which they are assigned, national experts on detachment shall
not enter into any commitment on the General Secretariat's
behalf with third parties.

The General Secretariat may authorise breaks in periods
1.
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 the break is at the General Secretariat's
request.

4.
National experts on detachment may work in any field
where their services are deemed necessary provided there is no
conflict with the interests of the European Union.

2.
Periods of detachment may be terminated if the interests
of the General Secretariat or the expert's employer so require
or for any other sufficient cause.

Article 4

CHAPTER II

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 Catego-
ries 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 satisfactory knowledge of another of these languages to the
extent necessary for him to carry out the tasks entrusted to
him.

The Exchange of Letters referred to in Article 18(2) must
3.
stipulate the level of any security clearance of national experts
on detachment.

National experts on detachment must have a good

4.
knowledge of the use of information technology.

Article 5

Social security

Before the period of detachment begins, the administra-
1.
tion from which the official is to be detached shall certify to
the General Secretariat that he will remain subject throughout
the period of detachment
to the social security legislation
applicable to that administration which will assume responsi-
bility for expenses incurred abroad.

From the day he takes up duty a national expert on
2.
detachment shall be personally insured against
the risk of
accidents on the same terms as General Secretariat employees
not covered by the Staff Regulations.

RIGHTS AND OBLIGATIONS OF A NATIONAL EXPERT ON
DETACHMENT

Article 7

A national expert on detachment shall carry out his
1.
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 his position.

A national

expert on detachment who,

3.
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 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 unauthorised person 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 dealing with the work of the European Union without
obtaining permission in accordance with the conditions and
rules in force at the General Secretariat.

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A national expert on detachment shall be subject to the

6.
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 prop-
erty of the General Secretariat.

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 them for performance of the tasks entrusted to
him.

CHAPTER III

WORKING CONDITIONS OF THE NATIONAL EXPERT ON
DETACHMENT

This information shall appear in the Exchange of Letters
2.
between the Secretary-General/High Representative and the
Permanent Representative of the Member State concerned, or
the employer in the case of an international organisation.

B. A l l o w a n c e s

Article 12

Subsistence allowance

A national expert on detachment

1.
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 be
paid.

Article 8

Hours of work

2.
The allowance shall also be payable for periods of
mission, annual leave, special leave and holidays granted by the
General Secretariat.

1.
A national expert on detachment shall be bound by the
rules on hours of work in force at the General Secretariat.

3.
The allowance shall be reduced by 75 % if the place of
recruitment is less than 50 km from the place of employment.

However, a national expert on detachment shall not be

2.
authorised to work half-time.

Article 9

Leave and holidays

4.
An advance payment shall be made to a national expert
on detachment, when he takes up his duties, corresponding to
the allowances to which he is entitled under paragraph 1 for
the period from the day on which he takes up his duties to the
last day of the second month following that in which he takes
up his duties.

A national expert on detachment shall be subject to the rules
leave and holidays in force at the
on annual
General Secretariat.

leave, special

Where such payment is made, there shall be no further entitle-
ment to allowances for the corresponding period.

Article 10

Management and control

Management and control of leave and working time shall be
the responsibility of the administration of the General Secre-
tariat.

CHAPTER IV

EMOLUMENTS

A. R e m u n e r a t i o n

Article 11

Declaration of salary paid by the expert's employer

The Office of

the Permanent Representative of

1.
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.

Where a national expert on detachment definitively ends his
employment with the General Secretariat before expiry of the
period taken into account 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.

The subsistence payment

5.
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 the difference between the gross annual
salary (less family allowances) paid by his employer plus the
subsistence allowance paid by the General Secretariat 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.

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C. R e i m b u r s e m e n t o f e x p e n s e s

Article 14

Travel expenses

detachment. The place of 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.

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 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 500 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 of recruitment 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 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.

3.
If a national expert on detachment removes his personal
effects from his place of recruitment to his place of employ-
ment, he shall be entitled 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 and conditions in
force at 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 effects no later than six months after taking up duty
provided that the probable period of detachment is at least one
year and that the place of recruitment is at least 50 km from
the place of employment.

A national expert on detachment shall be entitled to
2.
reimbursement of the costs of removing his personal effects in
accordance with the rules and conditions in force at
the
General Secretariat.

Removal must take place within three months of the end

3.
of the period of detachment.

The Exchange of Letters referred to in Article 18(2) may
4.
specify that removal expenses shall not be borne by the
General Secretariat.

Article 16

Missions and mission expenses

4.
In accordance with the rules and conditions in force at
the General Secretariat, a national expert on detachment shall
be entitled to reimbursement of travel expenses:

A national expert on detachment may be sent on mission

1.
in accordance with Article 3.

(a) for himself:

— from his place of recruitment to his place of employ-
ment at the beginning of the period of detachment,

— from his place of employment to his place of recruit-

ment at the end of the period of detachment;

(b) for his spouse and dependent children:

— from the place of recruitment to the place of employ-

ment when removal takes place,

— from the place of employment to the place of recruit-

ment at the end of the period of detachment.

2. Mission expenses shall be reimbursed in accordance with
the rules and conditions relating to the reimbursement of
mission expenses for officials in force at the General Secre-
tariat.

Article 17

Adjustment of emoluments

1.
The emoluments to which a national expert on detach-
ment is entitled shall not be revised during 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 duties with his original employer prior to his

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.

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CHAPTER V

ADMINISTRATIVE AND BUDGETARY PROVISIONS

Article 18

Budgetary allocations and contracts

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

1.
Expenditure arising from the detachment of national
experts shall be charged to budget heading 1113 of the Council
budget.

Expenditure on the provision of working facilities (offices,
furniture, machines, etc.) for national experts on detachment
shall be charged to administrative appropriations.

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 the case of an international organisation.
The Exchange of Letters shall indicate the names of the individ-
uals authorised to lay down the practical 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 national
expert on detachment shall present himself to the appropriate
department of the Directorate-General for Administration and
Protocol on the first day of his detachment to complete the
relevant administrative formalities. He shall take up duty on the
first of the month.

Article 21

This Decision shall take effect on the day of its adoption.

This Decision shall be published in the Official Journal.

Article 22

Done at Brussels, 22 December 2000.

For the Council

The President

C. PIERRET