2003/479/EC: Council Decision of 16 June 2003 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, Decision 2001/41/EC and Decision 2001/496/CFSP
Date: 2003-06-16
Institutions: Council of the European Union
Subjects: civil servant, international organisation, military personnel, public administration, self-employed person, staff regulations (EU)

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COUNCIL DECISION

of 16 June 2003

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, Deci-
sion 2001/41/EC and Decision 2001/496/CFSP

(2003/479/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in parti-
cular Article 28(1) thereof,

(8)

Since these rules replace those laid down in the Deci-
sions of 25 June 1997 and 22 March 1999, as well as in
Decision 2001/41/EC and in Decision 2001/496/CFSP,
those Decisions should be repealed,

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

HAS DECIDED AS FOLLOWS:

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Seconded national experts (hereinafter referred to as
SNEs) and seconded national military staff (hereinafter
referred to as seconded military staff) should enable the
General Secretariat of the Council (hereinafter referred to
as the GSC) to benefit
from the high level of their
knowledge and professional experience, in particular in
areas where such expertise is not readily available.

This Decision should foster the exchange of professional
experience and knowledge of European policies by
temporarily assigning to the GSC experts from Member
States' administrations. It also seeks to ensure close colla-
boration between the Council and national administra-
tions or international organisations, by means of the
secondment of GSC officials to them.

SNEs should be drawn from governments or ministries
in Member States or from international organisations.

The rights and obligations of SNEs and seconded mili-
tary staff set out in this Decision should ensure that they
carry out their duties solely in the interests of the GSC.

In view of the temporary nature of their work and their
particular status, SNEs and seconded military staff should
not take responsibility on behalf of the GSC for the exer-
cise of its public law prerogatives.

This Decision should set out all
the conditions of
employment of SNEs and seconded military staff and be
applicable regardless of
the budgetary
appropriations used to cover the expenditure.

the origin of

Special provision should moreover be made for military
staff seconded to the GSC to form the European Union
military staff.

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope

1.
These Rules are applicable to seconded national experts
(SNEs) seconded to the GSC by a national, regional or local
public administration. They shall also apply to experts on
secondment from an international organisation.

2.
The persons covered by these Rules shall remain in the
service of their employer throughout the period of secondment
and shall continue to be paid by that employer.

3.
The GSC shall recruit SNEs in accordance with require-
ments and budgetary possibilities. The Deputy Secretary-
General shall establish the arrangements for such recruitment.

4.
Except where the Deputy Secretary-General grants a dero-
gation which is not applicable in the area of the CFSP/ESPD,
SNEs must be nationals of a Member State. SNEs shall be
recruited on as wide a geographical basis as possible among
the nationals of the Member States. The Member States and the
GSC shall cooperate to ensure, as far as possible, a balance
between men and women and observe the principle of equal
opportunities.

Secondment shall be implemented by an Exchange of
5.
Letters between the Directorate-General
for Personnel and
Administration of the GSC and the Permanent Representation
of the Member State concerned or the international organisa-
tion, as appropriate. A copy of the rules applicable to SNEs on
secondment to the GSC shall be attached to the Exchange of
Letters.

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Article 2

Period of secondment

mandate has been granted, under the authority of the Secre-
tary-General/High Representative, by the Director General of
the department concerned, the SNE may not commit the GSC
externally.

The period of secondment may not be less than six
1.
months nor exceed two years and may be renewed successively
up to a total period not exceeding four years.

2.
The intended period of secondment shall be fixed at the
outset in the exchange of Letters provided for in Article 1(5).
The same procedure shall apply in the case of a renewal of the
period of secondment.

A SNE who has already been seconded to the GSC may
3.
be seconded again,
in accordance with internal rules laying
down maximum periods during which such persons may be
present in GSC departments and subject to the following condi-
tions:

(a) the SNE must continue to meet the conditions for second-

ment;

received another, additional contract,

(b) a period of at least six years must have elapsed between the
end of the previous period of secondment and any further
secondment; if at the end of the first secondment the SNE
has
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 secondment lasted
for less than four years, but in that case the new second-
ment shall not exceed the unexpired part of the four-year
period.

Article 3

Place of secondment

SNEs shall be seconded to Brussels or to a GSC liaison office.

Article 4

Duties

A SNE shall assist GSC officials or temporary staff and

1.
carry out the tasks assigned to him.

The duties carried out shall 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's qualifications.

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.

The Director-General of
the department concerned may in
certain special circumstances derogate from this rule on the
basis of a specific mandate given to the SNE, after verifying that
interest. Unless a special
there is no potential conflict of

The GSC shall retain sole responsibility for approving the

3.
results of tasks performed by the SNE.

The GSC departments concerned, the SNE's employer and
4.
the SNE shall make every effort to avoid any conflict of interest
or appearance of such a conflict in relation to the SNE's duties
during secondment. To this end, the GSC shall, in good time,
inform the SNE and the employer of the intended duties and
shall ask each of them to confirm in writing that they know of
no reason why the SNE should not be assigned to those duties.
The SNE shall be asked in particular to declare any potential
conflict between his family circumstances (in particular the
professional activities of close family members or any impor-
tant 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 rise to 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.

In the event of failure to comply with the provisions of
6.
paragraphs 2, 3 and 4, the GSC may terminate the secondment
of the SNE under the terms of Article 8.

Article 5

Rights and obligations

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 his duties, is called
upon to give a decision on the handling or outcome of a
that could
matter in which he has a personal
impair his independence, shall
the
department to which he is assigned;

interest
inform the head of

(d) a SNE 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
GSC. Permission shall be refused only where the intended
the
publication is
European Union;

liable to prejudice the interests of

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(e) all rights in any work done by a SNE in the performance of

his duties shall 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
performance of his activities;

(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 performance of the tasks entrusted to him;

(h) a SNE shall, in the exercise of his duties, accept no instruc-
tions from his employer or national government. He shall
not undertake any activities for his employer, nor for
governments, nor for any other person, private company
or public body.

2.
Both during and after the period of secondment, a SNE
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 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 advantages.

To that end, in the three years following the period of second-
ment a SNE shall inform the GSC forthwith of any duties or
tasks he has to perform for his employer which are likely to
give rise to a conflict of interest in relation to the tasks he
carried out during secondment.

A SNE shall be subject to the security rules in force in the

4.
GSC.

Failure to comply with the provisions of

this Article
5.
during the period of secondment shall entitle the GSC to termi-
nate the secondment of a SNE under the terms of Article 8.

Article 6

Level, professional experience and knowledge of languages

1.
To qualify for secondment to the GSC a SNE must have
at least three years' full-time experience of administrative, scien-
tific, technical, advisory or supervisory functions equivalent to
those of category A or B as defined in the Staff Regulations of
officials of the European Communities and the Conditions of
employment applicable to other servants of the Communities.
Before the secondment, the SNE's employer shall supply the
GSC with a statement of the expert's employment covering the
previous 12 months.

2.
A SNE must have a thorough knowledge of one Commu-
nity language and a satisfactory knowledge of a second
language for the performance of his duties.

Article 7

Suspension of secondment

The GSC may authorise suspensions of secondment and

1.
specify the terms applicable. During such suspensions:

(a) the allowances referred to in Articles 15 and 16 shall 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

Termination of periods of secondment

Subject to paragraph 2, secondment may be terminated at
1.
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 provided the same notice is given and subject to the
GSC's agreement.

In certain exceptional circumstances the secondment may

2.
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 professional interests so require,

(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 an opportunity to submit his defence.

In the event of termination under paragraph 2(c), the

3.
GSC shall immediately inform the employer.

CHAPTER II

WORKING CONDITIONS

Article 9

Social security

Before the period of secondment begins, the employer
1.
from which the national expert is to be seconded shall certify
to the GSC that, throughout the period of secondment, the
SNE will remain subject to the social security legislation applic-
able to the public administration or international organisation
which employs the SNE and which will assume responsibility
for expenses incurred abroad.

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From the commencement of his secondment, the SNE
2.
shall be covered by the GSC against the risk of accident. The
GSC shall provide him with a copy of the terms of this cover
on the day on which he reports to the relevant department of
the Directorate-General
for Personnel and Administration to
complete the administrative formalities related to the second-
ment.

Article 10

Working hours

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 needs of the department
so 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 inter-
ests of the GSC, the Director-General for Personnel and Admin-
istration may authorise a SNE to work part time, after agree-
ment from his employer.

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 hours only if authorised by the
GSC department to which he is assigned. Authorisation shall be
forwarded for information to the relevant unit of the Directo-
rate-General for Personnel and Administration.

The allowances in force within the GSC for shift-work

5.
may be granted to SNEs.

However, a SNE who is the victim of a work-related
4.
injury which occurs during the secondment shall continue to
receive, in full, the allowances provided for in Article 15(1) and
(2) throughout the period during which he is unfit for work up
to the end of the period of secondment.

Article 12

Annual leave, special leave and holidays

A SNE shall be entitled to two-and-a-half working days of

1.
leave per whole month of service (30 days per calendar year).

Leave is subject to prior authorisation by the department

2.
to which the SNE is assigned.

A SNE may, on reasoned application, be granted special

3.
leave in the following cases:

— marriage of the SNE: two days annually,

— 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.

Upon a duly justified request by the SNE's employer, up
leave in a 12-month period may be

4.
to two days of special
granted by the GSC on a case-by-case basis.

In the case of part-time work, annual

5.
reduced accordingly.

leave shall be

Article 11

Days of annual leave not taken by the end of the period

6.
of secondment shall be forfeited.

Absence for reasons of sickness or accident

1.
In the event of absence for reasons of sickness or acci-
dent, a SNE shall notify his superior as soon as possible, stating
his present address. He shall produce a medical certificate if
for more than three days and may be required to
absent
undergo a medical examination arranged by 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 certifi-
cate 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 allowances referred to in Article 15(1) and (2) shall
be automatically suspended. This provision shall not apply in
the event of illness linked to pregnancy. Sick leave may not
extend beyond the duration of the secondment of the person
concerned.

Article 13

Maternity leave

A SNE who is pregnant shall be granted maternity leave
1.
of 16 weeks, during which period she shall receive the allow-
ances provided for 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 weeks running from the end of
her maternity leave, during which period she shall receive the
allowances laid down in Article 15.

longer maternity leave,

3. Where the national legislation of the employer of the SNE
grants
shall be
suspended for the period exceeding that granted by the GSC. In
that case a period equivalent to the suspension shall be added
the interests of the GSC
at the end of the secondment if
warrant it.

secondment

the

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A SNE may, alternatively, apply for a suspension of the
4.
secondment to cover the whole of the periods allowed for
maternity and breastfeeding leave. In that case a period equiva-
lent to the suspension shall be added at the end of the second-
ment if the interests of the GSC warrant it.

daily subsistence allowance of EUR 26,78. For the purpose of
this provision, circumstances arising from work done by SNEs
for a State other than that of the place of secondment or for an
international organisation shall not be taken into account.

Article 14

Management and control

Management and control of leave shall lie with the administra-
tion of the GSC. Control of working time and absences shall be
the responsibility of the Directorate-General or department to
which the SNE is assigned.

CHAPTER III

ALLOWANCES AND EXPENSES

Article 15

Subsistence allowances

A SNE shall be entitled to a daily subsistence allowance
1.
throughout
the period of secondment. Where the distance
between the place of residence and the place of secondment is
150 km or less,
the daily allowance shall be EUR 26,78.
Where the distance is more than 150 km, the daily allowance
shall be EUR 107,1.

2.
If the SNE has not received removal expenses from either
the GSC or from the employer, an additional monthly allow-
ance shall be paid as shown in the table below:

Distance between place of residence
and place of secondment
(km)

Amount in EUR

0-150

> 150

> 300

> 500

> 800

> 1 300

> 2 000

0

68,85

122,40

198,90

321,30

504,90

604,35

This allowance shall be paid monthly in arrears.

These allowances shall be payable for periods of mission,
leave and holidays

leave, maternity leave,

special

3.
annual
granted by the GSC.

4.
SNEs who during the three years ending six months
before the secondment habitually resided or pursued their prin-
cipal professional activity at a location situated at a distance of
150 km or less from the place of secondment shall receive a

5. When the SNE starts the secondment, he shall receive an
advance amount equivalent to 75 days of the subsistence allow-
ance, whereupon entitlement to any further such allowances
shall cease during the corresponding period. If the secondment
to the GSC is ended before the expiry of the period taken into
account to calculate the advance, the SNE is obliged to return
the amount corresponding to the remaining part of that period.

At the time of the exchange of Letters provided for in
6.
Article 1(5) the GSC shall be informed of any payment similar
to that mentioned in paragraph 1 of this Article received by
the SNE. Any such amounts shall be deducted from the allow-
ance 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 of Community officials in Brussels and Luxem-
bourg.

8.
For SNEs seconded to a GSC Liaison Office, the subsis-
tence allowances referred to in this Article may be replaced by
a housing allowance where this is justified by the specific
circumstances of
to a
reasoned decision by the Director-General for Administration
and Protocol.

the country of secondment, subject

Article 16

Additional flat-rate allowance

1.
Except where the place of residence of a SNE is 150 km
or less from the place of secondment, he shall, where appro-
priate, receive an additional flat-rate allowance equal to the
difference between the gross annual salary (less family allow-
ances) 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 the category 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 Community officials.

Article 17

Place of residence

1.
For the purposes of these rules, the place of residence
shall be the place where the SNE performed his duties for the
employer
to secondment. The place of
secondment shall be the place where the GSC department to
which the SNE is assigned is located. Both places shall be iden-
tified in the exchange of Letters mentioned in Article 1(5).

immediately prior

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If, on secondment as a SNE, a national expert is already
2.
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 resi-
dence shall be whichever of the two is closer to the place of
secondment.

The place of residence shall be deemed to be the place of

3.
secondment where:

(a) during the three years ending six months before the
secondment,
the SNE habitually resided or pursued his
principal professional activity at a place situated 150 km
or less from the place of secondment; 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 of any of his dependent children.

To that end, residence at 150 km or less from the place of
secondment is to be treated as residence at that place.

4.
For the purposes of applying this Article, circumstances
arising from work done by SNEs for a State other than that of
the place of secondment or for an international organisation
shall not be taken into account.

Article 18

Travel expenses

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 is reimbursed 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 second-

ment to the place of residence.

Unless the journey is made by air, the amount shall be
2.
reimbursed at a flat rate, limited to the cost of the second-class
rail fare, without supplements. This shall also apply to journeys
made by car. Where the rail journey exceeds 500 km or where
the standard 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 tickets and boarding cards.

By way of derogation from paragraph 1, SNEs who prove
3.
that they have changed the place at which they will pursue
their principal activity after the secondment shall be entitled to
reimbursement of
travel expenses to that place within the
above limits. The reimbursement may not involve payment of
a sum higher than that to which the SNE is entitled in the
event of return to the place of residence.

4.
If a SNE has effected his removal from his place of resi-
dence to his place of secondment, he will be entitled each year
to a flat-rate payment equal to the cost of a return journey
from his place of secondment to his place of residence for
himself, his spouse and any dependent children on the basis of
the provisions in force at the GSC.

Article 19

Removal expenses

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 of secondment, at the GSC's expense, after obtaining
its prior authorisation, 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's
employer confirming that
the employer is not bearing
removal costs.

2.
Subject to paragraphs 3 and 4, where the removal to the
place of secondment has been reimbursed by the GSC, the SNE
shall be entitled at the end of the secondment, after prior
authorisation, to reimbursement of removal costs from the
place of secondment to the place of residence, pursuant to rules
in force in the GSC at the time concerning 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 months

before the end of the secondment;

(b) the

removal must be

completed within six months

following the end of the secondment.

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A SNE whose secondment is terminated at his request or
3.
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 of residence.

the place where he will
4. Where the SNE proves that
pursue his principal activity after secondment has changed,
removal costs to that new 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

Missions and mission expenses

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
interests of the SNE, having regard in particular to his profes-
sional career after the secondment, shall be considered when a
decision on permission to attend courses is taken.

Article 22

Administrative provisions

1.
The SNE shall report to the relevant department of the
Directorate-General for Personnel and Administration on the
first day of secondment to complete the requisite administrative
formalities. He shall take up his duties on either the first or the
16th of the month.

A SNE assigned to a GSC liaison office shall report to the

2.
relevant department of the GSC in his place of secondment.

3.
Payments shall be made by the appropriate department of
the GSC, in euro, into a bank account opened at a banking
institution in the place of secondment.

CHAPTER IV

APPLICATION OF THE RULES TO SECONDED NATIONAL
MILITARY STAFF

Article 23

Rules applying to seconded military 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 military staff pursuant to Council Decision
2001/80/CFSP of 22 January 2001 on the establishment of the
military staff of the European Union (1).

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

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
arrangements for recruitment of seconded military staff.

Article 26

Exchange of Letters

For the purposes of applying Article 1(5), the Exchange of
take place between the Secretary-General/High
Letters shall
Representative and the Permanent Representation of
the
Member State concerned.

Article 27

Length of secondment

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 may be extended successively up to a total
period not exceeding four years.

2.
in
By way of derogation from Article 2(3)(b), except
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 Repre-
sentative shall
the tasks and
perform the duties assigned to them in accordance with the
Annex to Decision 2001/80/CFSP.

the mission, carry out

fulfil

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Official Journal of the European Union

L 160/79

Article 29

External commitments

By way of derogation from Article 4(2), seconded military staff
may not involve the GSC in an external commitment, except
under a special mandate granted under the authority of the
Secretary-General/High Representative.

Article 30

Security clearance

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).

Prior to the decision referred to in the first paragraph, a
seconded military staff member may be suspended where
serious failure to comply with his obligations is alleged against
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 Articles 15 and 16 shall
not be paid during this suspension, which may not exceed
three months.

The Secretary-General/High Representative may bring to
2.
the attention of national authorities any violation by a military
staff member on secondment of the rules set out or referred to
in this Decision.

A military staff member on secondment shall continue to

3.
be subject to his national disciplinary rules.

Article 34

Working hours

Article 31

Professional experience

The second sentence of Article 10(2) shall not apply to
seconded military staff.

By way of derogation from Article 6(1), a military staff member
working at administrative or advisory level and showing a high
degree of competence for the duties to be carried out may be
seconded to the GSC.

Article 35

Special leave

Article 32

Suspension and termination of secondment

1.
Authorisation for Article 7 to be applied to a seconded
military staff member shall be given by the Secretary-General/
High Representative.

2.
By way of derogation from Article 8, secondment may be
terminated if the interests of the GSC or of the seconded mili-
tary staff member's national administration so require or for
any other sufficient cause.

Article 33

Serious failure to comply with obligations

failure of

By way of derogation from Article 8(3), secondment may
1.
be terminated without notice in serious cases of intentional or
negligent
the seconded military staff member to
comply with his obligations. The decision shall be taken by the
person
Secretary-General/High
concerned has had an opportunity to submit his defence.
Before taking his decision, the Secretary-General/High Repre-
sentative shall notify the Permanent Representative of
the
Member 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.

Representative

after

the

By way of derogation from Article 12(4), unpaid additional
special leave may be granted by the GSC for training by the
employer subject to a duly reasoned request by the employer.

Article 36

Allowances

By way of derogation from Article 15(1) and Article 16, the
Exchange of Letters referred to in Article 1(5) may stipulate
that allowances provided for therein will not be paid.

Article 37

Place of residence

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 a 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 the child (children) referred to in Article
is situated in a Member State other than that of
17(3)(b)
secondment.

L 160/80

EN

Official Journal of the European Union

28.6.2003

CHAPTER V

FINAL PROVISIONS

Article 38

Repeals

The following Decisions shall be repealed:

— 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 organised 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,

— 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 (1), and

— 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 to form the
European Union military staff (2).

Article 39

Effect

This Decision shall take effect on the day of its publication in
the Official 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.

Done at Luxembourg, 16 June 2003.

For the Council

The President

G. PAPANDREOU

(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.