2002/34/EC: Council Decision of 20 December 2001 amending the Council Decisions of 25 June 2001, 22 December 2000, 25 June 1997 and 22 March 1999 with regard to the daily allowance received by national military staff and national experts on detachment to the General Secretariat of the Council
Date: 2001-12-20
Institutions: Council of the European Union
Subjects: Council of the European Union, allowances and expenses, armed forces, secretariat of an Institution, self-employed person

17.1.2002

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Official Journal of the European Communities

L 15/29

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 20 December 2001

amending the Council Decisions of 25 June 2001, 22 December 2000, 25 June 1997 and 22 March
1999 with regard to the daily allowance received by national military staff and national experts on
detachment to the General Secretariat of the Council

(2002/34/EC)

THE COUNCIL OF THE EUROPEAN UNION,

to form the European Union Military Staff (1) shall be replaced
as follows:

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)

The administrative arrangements applicable to military
staff members and national experts on detachment to
the General Secretariat of the Council in respect of the
grant of a subsistence allowance provide for a 75 %
reduction in the allowance if the place of recruitment is
less than 50 km from the place of employment.

Service completed by a military staff member or national
expert on detachment over a three-year period expiring
six months prior to taking up their duties for a diplo-
matic mission of a Member State other
than the
seconding State or for an international organisation
should be considered neutral with reference to the place
of recruitment,

HAS DECIDED AS FOLLOWS:

Article 1

1.
Article 12(3) of Council Decision 2001/496/CFSP of 25
June 2001 on the rules applicable to national military staff on
secondment to the General Secretariat of the Council in order

The daily allowance

received by military staff
‘3.
members on detachment who, over a three-year period
expiring six months prior to taking 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 the seconding State or for an international
organisation, shall not be taken into account.’

2.

Article 12(3) of:

— Council Decision 2001/41/EC 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 (2),

— Council Decision of 25 June 1997 on the rules applicable
to National Experts on Detachment to the General Secre-
tariat of the Council (Directorate-General for Justice and
Home Affairs) in the context of implementation of the plan
to step up the fight against organized crime,

— Council Decision of 22 March 1999 on the rules applicable
to national experts on detachment to the General Secre-
tariat of the Council (Directorate-General for Justice and
Home Affairs) in the context of the collective evaluation of
the enactment, application and effective implementation by
the applicant countries of the acquis of the European Union
in the field of Justice and Home Affairs,

(1) OJ L 181, 4.7.2001, p. 1.
(2) OJ L 11, 16.1.2001, p. 35.

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shall be replaced by the following text:

Article 2

‘3.
The daily allowance received by national experts on
detachment who, over a three-year period expiring six
months prior to taking 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 national experts for a
Member State other than the seconding State or for an
international organisation, shall not be taken into account.’

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

It shall be applicable from 25 June 2001.

Done at Brussels, 20 December 2001.

For the Council

The President

C. PICQUÉ