2001/496/CFSP: 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
Date: 2001-06-25
Institutions: Council of the European Union
Subjects: EU Member State, European Union, armed forces

4.7.2001

EN

Official Journal of the European Communities

L 181/1

(Acts adopted pursuant to Title V of the Treaty on European Union)

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 partic-
ular Article 28(1) thereof,

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

Whereas:

(1)

(2)

(3)

On 22 January 2001 the Council adopted Decision
2001/79/CFSP setting up the Military Committee of the
European Union (1).

On 22 January 2001 the Council adopted Decision
2001/80/CFSP on the establishment of the Military Staff
of the European Union (2).

Members of the Military Staff are subject to rules which
will be established 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 Secre-
tariat, hereinafter
in accordance with
Decision 2001/80/CFSP.

‘General Secretariat’,

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.

(1) OJ L 27, 30.1.2001, p. 4.
(2) OJ L 27, 30.1.2001, p. 7.

Article 2

Period of secondment

1. Military staff on secondment may be seconded for a
maximum of
In exceptional cases, and taking
account of particular tasks to be performed, the secondment
may be extended for a period of up to one year.

three years.

They shall serve on a full-time basis throughout the period of
secondment.

The probable period of secondment shall be fixed at the
2.
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 who has already been seconded may be the
subject of a fresh secondment measure after at least three years,
save in exceptional cases, have elapsed between the end of the
prior secondment and the fresh secondment,
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
Representative, military staff on secondment shall fulfil the
mission, carry out the tasks and perform the duties assigned to
them in accordance with the Annex to Decision 2001/80/CFSP.

instructions to the contrary are given
Unless special
2.
under the authority of
the Secretary-General/High Repres-
entative, military staff on secondment shall not enter into any
commitment on the General Secretariat'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.

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Seconded military staff must have a thorough knowledge
2.
of one of the languages of the European Union and a satisfac-
tory knowledge of another to the extent necessary to carry out
the duties involved.

The appropriate level of security clearance for seconded
3.
military staff, which must not be lower than SECRET, must be
stipulated in the Exchange of Letters mentioned in Article
18(2).

Seconded military staff must have a good knowledge of

4.
the use of information technologies.

Article 5

Social security

Before the period of secondment begins,

1.
the public
administration from which a military staff member is to be
seconded must certify to the General Secretariat that he will
remain subject through the period of secondment to the social
security legislation applicable to the public administration
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 terms as 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 applic-
able. 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 when applicable 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 seconded military staff member so require or for any other
sufficient cause.

CHAPTER II

RIGHTS AND OBLIGATIONS

Article 7

A seconded military staff member shall carry out his
1.
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 on his position.

Any seconded military staff member who,

3.
in the
performance of his duties, is called upon to pronounce 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 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 unauthorised person any document
or information not legally made public. He shall continue to be
bound by this obligation after his period of secondment has
terminated.

5.
Seconded military staff 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.

Seconded military staff shall be subject to the security

6.
rules and regulations in force in the General Secretariat.

All rights in any work done by a seconded military staff
7.
member in the performance of his duties shall be the property
of the General Secretariat.

A seconded military staff member shall reside at his place
8.
of employment or at no greater distance therefrom than is
compatible with the proper performance of his duties.

A seconded military staff member shall assist and provide
9.
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 staff member concerned has
been given an opportunity of submitting his defence. Before
taking his decision, the Secretary-General/High Representative
shall inform the Permanent Representative of the Member 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 the military staff member concerned
has been given an opportunity of submitting his defence. The
allowances referred to in Articles 12 and 13 shall 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.

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CHAPTER III

WORKING CONDITIONS

Article 8

Hours of work

Seconded military staff shall be bound by the rules on

1.
hours of work in force at the General Secretariat.

However, seconded military staff shall not be authorised

2.
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. R e m u n e r a t i o n

Article 11

Declaration of salary paid by the employer of the military
staff member

The Permanent Representation of

1.
the Member State
concerned shall notify the General Secretariat of the gross
annual salary paid to each seconded military staff member.

This information shall appear in the Exchange of Letters

2.
referred to in Article 18(2).

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

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 Letters referred to in
Article 18(2) may stipulate that this allowance shall not be
paid.

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

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

4.
An advance payment shall be made to a seconded mili-
tary staff member, when he takes up his duties, corresponding
to the allowances to which 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 entitle-
ment to allowances for the corresponding period.

Where a seconded military staff member 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
military staff member which corresponds to the period not
spent in the General Secretariat's employment shall be recover-
able.

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 employ-
ment, 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 original employer
plus the subsistence allowance paid by the General Secretariat
and the basic salary payable to an official in step 1 of Grade A8
or Grade B5, depending on the Category to which he is assimi-
lated. However, the Exchange of Letters referred to in Article
18(2) may stipulate that this flat-rate allowance shall not be
paid.

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

1.
If a seconded military staff member has not removed his
personal effects from his place of recruitment to his place of
employment, he shall be entitled 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 kilometres. Where the journey exceeds 500 kilometres or
where the usual route includes 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).

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The rate applied shall be that in force on 1 January of the
2.
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.

3.
If a seconded military staff member does remove his
personal effects from his place of recruitment to his place of
employment, 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.

4.
In accordance with the rules and conditions in force at
the General Secretariat, a seconded military staff member shall
be entitled to reimbursement of travel expenses:

(a) for himself:

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

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

ment at the end of the period of secondment;

(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 secondment.

For the purpose of this Decision, the place of recruitment
5.
shall be the place where the seconded military staff member
performed his duties with his original employer prior to his
secondment. 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 identify
these places.

The Exchange of Letters referred to in Article 18(2) may
travel expenses shall not be covered by the

6.
stipulate that
General Secretariat.

Article 15

Removal expenses

A seconded military staff member who is obliged to
1.
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 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
reimbursement of the costs of removing his personal effects in
the
accordance with the rules and conditions in force at
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.

The Exchange of Letters referred to in Article 18(2) may
4.
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 take account of changes in the basic salaries of
Community officials.

CHAPTER V

ADMINISTRATIVE AND BUDGETARY PROVISIONS

Article 18

Budgetary allocations and contracts

Expenditure arising from the secondment of seconded

1.
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 individ-
uals authorised to lay down the practical arrangements for
secondment under this Decision and the payment of the allow-
ances referred to in Articles 12, 13, 14 and 15. Any letter
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
appropriate department of the Directorate-General for Admin-
istration and Protocol on the first day of his secondment to
complete the relevant administrative formalities. In principle,
he shall take up duty on the first 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.

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Article 20

Article 22

Expenditure on infrastructure

This Decision shall be published in the Official Journal.

Expenditure on the provision of working facilities (offices,
furniture, machines, etc.) for military staff on secondment shall
be charged to administrative appropriations of the Council.

Article 21

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

Done at Luxembourg, 25 June 2001.

For the Council

The President

A. LINDH