2004/677/EC: Council Decision of 24 September 2004 concerning the Rules applicable to national experts and military staff on secondment to the European Defence Agency
Date: 2004-09-24
Institutions: Council of the European Union
Subjects: European Defence Agency, labour mobility, military personnel, recruitment, staff regulations (EU)

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Official Journal of the European Union

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COUNCIL DECISION

of 24 September 2004

concerning the Rules applicable to national experts and military staff on secondment to the
European Defence Agency

(2004/677/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Council Joint Action 2004/551/CFSP of
12 July 2004 on the establishment of the European Defence
Agency (1), and in particular Article 11(3)(3.2.) thereof,

4.
SNEs must be nationals of a Member State and shall be
recruited on a geographical basis as wide as possible among the
nationals of the participating Member States. The Member States
and the Agency shall cooperate to ensure, as far as possible, a
balance between men and women and observe the principle of
equal opportunities.

Whereas:

(1)

(2)

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

the

should foster

SNEs
exchange of professional
experience and knowledge in the field of defence
and
capabilities
armaments by temporarily assigning to the Agency
experts from Member States' administrations,

development,

acquisition

research,

HAS DECIDED AS FOLLOWS:

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope

These Rules are applicable to SNEs seconded to the

1.
Agency by a Member State participating in that Agency.

5.
Secondment shall be implemented by an Exchange of
Letters between the Chief Executive of the Agency and the
Permanent Representation of the Member State concerned. A
copy of the Rules applicable to SNEs on secondment to the
Agency shall be attached to the Exchange of Letters.

SNEs should be drawn from governments, ministries or

6.
governmental agencies of Member States.

Article 2

Period of secondment

1.
The period of secondment may not be less than six
months nor exceed three 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 Agency may
3.
be seconded again,
in accordance with internal rules laying
down maximum periods during which such persons may be
present in Agency departments and subject to the following
conditions:

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.

(a)

the SNE must
secondment;

continue

to meet

the

conditions

for

recruit SNEs

The Agency shall

3.
in accordance with
requirements and budgetary possibilities. The Chief Executive
such
of
recruitment, with the assent of
the
Agency.

the Agency shall establish the arrangements

the Steering Board of

for

(1) OJ L 245, 17.7.2004, p. 17.

(b) a period of at least three years must have elapsed between
the end of the previous period of secondment and any
further secondment; this provision shall not prevent the
Agency from accepting the secondment of a SNE whose
initial secondment lasted for less than four years, but in
that case the new secondment
shall not exceed the
unexpired part of the four-year period.

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Article 3

Place of secondment

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

The place of secondment shall be at the seat of the Agency or at
the place where the Agency's Directorate/unit to which the SNE
is assigned is located.

Article 4

Duties

SNEs shall

1.
the tasks and
perform the duties assigned to them by the Chief Executive of
the Agency.

the mission, carry out

fulfil

The duties carried out shall be defined by mutual agreement
between the Agency and the national administration which
seconds the national expert in the interest of the Agency and
taking into account the candidate's qualifications.

2.

A SNE shall take part in missions and meetings only:

(a)

if accompanying the Head of the Agency or a temporary
staff member, or

(b) as an observer or solely for information purposes, if alone.

The Chief Executive of the Agency may derogate from this rule
on the basis of a mandate given to the SNE, after verifying that
there is no potential conflict of
interest. Unless a special
mandate has been granted, under the authority of the Head
of the Agency, by the Chief Executive of the Agency, the SNE
may not commit the Agency externally.

The Agency shall retain sole responsibility for approving

3.
the results of tasks performed by the SNE.

the Agency shall,

4.
The Agency, the SNE's employer and the SNE shall make
every effort to avoid any conflict of interest or appearance of
in relation to the SNE's duties during
conflict
such a
secondment. To this end,
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
any
close
important financial
interests of his own, or of close family
members) and the proposed duties while on secondment.

family members or

activities of

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 Agency 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 Agency;

(c) any SNE who,

in the performance of his duties,

is called
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, shall inform the Head of the department
to which he is assigned;

the Agency or

(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 Agency. Permission shall be
refused only where the intended publication is liable to
prejudice the interests of
the Agency or the European
Union;

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

his duties shall be the property of the Agency;

(f) a SNE shall reside at the place of secondment or at no
is compatible with the

greater distance therefrom as
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
instructions 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.

The employer and the SNE shall undertake to notify the Agency
of any change of circumstances during the secondment which
could give rise to any such conflict.

5. Where the Agency 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.

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.

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At the end of the secondment a SNE shall continue to be
3.
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.

months' notice is given. It may also be terminated at the SNE's
request provided the same notice is given and subject to the
Agency's agreement.

in the three years

To that end,
following the period of
secondment, a SNE shall inform the Agency 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.
Agency.

Failure to comply with the provisions of

5.
this Article
during the period of secondment shall entitle the Agency to
terminate 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 Agency a SNE must
have at least three years' full-time experience of administrative,
scientific, technical, advisory or supervisory functions equivalent
to those of grade AD5-AD16 and AST5-AST11 as defined in
the Staff Regulations of officials of the European Communities
and the Conditions of Employment of other servants of the
Communities as
laid down in Regulation (EEC, Euratom,
ECSC) No 259/68 (1), hereinafter referred to as “Staff Regu-
lations”. Before the secondment,
the SNE's employer shall
supply the Agency with a statement of the expert's employment
covering the previous twelve months.

A SNE must have

a thorough knowledge of one
2.
Community language and a satisfactory knowledge of a
second Community language for the performance of his duties.

Article 7

Suspension of secondment

The Agency may authorise suspensions of secondment

1.
and 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 Agency's request.

2.

The Agency shall inform the SNE's employer.

Article 8

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 Agency and the employer, at the
if the SNE's essential

request of the SNE to both parties,
personal or professional interests so require;

(c) by the Agency 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.
Agency 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 Agency that, throughout the period of secondment, the
SNE will
security legislation
applicable to the public administration which employs the
SNE and which will
expenses
incurred abroad.

responsibility for

remain subject

to the social

assume

From the commencement of his secondment, the SNE
2.
shall be covered by the Agency against the risk of accident.
The Agency shall provide him with a copy of the terms of
this cover on the day on which he reports to the section of
the relevant Directorate/unit
to complete the administrative
formalities related to the secondment.

Article 10

Working hours

1.
A SNE shall be subject to the rules in force in the Agency
as regards working hours. These rules may be modified by the
Chief Executive of
the
department so require.

the Agency where the needs of

Termination of periods of secondment

A SNE shall serve on a full-time basis throughout the

2.
period of secondment.

1.
Subject to paragraph 2, secondment may be terminated at
the request of Agency or of the SNE's employer, provided three

(1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation

(EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).

3.
A SNE may work flexible hours only if authorised by the
Agency department to which he is assigned. Authorisation shall
be forwarded for
the
Agency.

information to the relevant unit of

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The allowances in force within the Agency for shift-work

4.
may be granted to SNEs.

Upon a duly justified request by the SNE's employer, up to
4.
2 days of special leave in a 12-month period may be granted by
the Agency on a case-by-case basis.

Article 11

Absence for reasons of sickness or accident

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 three days and may be required to undergo a
medical examination arranged by the Agency.

If absence due to sickness or accident of not more than
2.
three days exceeds a total of twelve days over a period of twelve
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 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.

4.
However, a SNE who is the victim of a work-related 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 Directora-

2.
te/unit 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;

— serious illness of spouse: up to three days;

— death of spouse: four days;

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

5.
of secondment shall be forfeited.

Article 13

Maternity leave

A SNE who is pregnant shall be granted maternity leave of
receive the

1.
sixteen weeks, during which period she shall
allowances provided for in Article 15.

2.
A SNE who is breast-feeding 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
Agency.
In that case, a period equivalent to the suspension
shall be added at the end of the secondment if the interests
of the Agency warrant it.

secondment

the

A SNE may, alternatively, apply for a suspension of the
4.
to cover the whole of the periods allowed for
secondment
maternity and breast-feeding leave.
In that case, a period
equivalent to the suspension shall be added at the end of the
secondment if the interests of the Agency warrant it.

Article 14

Management and control

lie with the adminis-
Management and control of leave shall
tration of the Agency. Control of working time and absences
shall be the responsibility of the Directorate/unit to which the
SNE is assigned.

CHAPTER III

ALLOWANCES AND EXPENSES

Article 15

Subsistence allowances

— serious illness of a relative in the ascending line: up to two

days annually;

— death of a relative in the ascending line: two days;

1.
A SNE shall be entitled to a daily subsistence allowance
throughout the period of secondment, which shall be equivalent
to the allowance paid to a national expert seconded to the
General Secretariat of the Council of the European Union.

— birth of a child: two days;

— serious illness of a child: up to two days annually;

— death of a child: four days.

If the SNE has not received removal expenses from either
2.
the Agency or from the employer, an additional monthly
allowance shall be paid, which shall be equivalent
to the
allowance paid to a national expert seconded to the General
Secretariat of the Council. This allowance shall be paid monthly
in arrears.

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These allowances shall be payable for periods of mission,
3.
annual leave, maternity leave, special leave and holidays granted
by the Agency.

Article 17

Place of residence

4.
SNEs who during the three years ending six months
before the secondment habitually resided or pursued their
principal professional activity at a location situated at a
distance of 150 km or less from the place of secondment
in
shall
paragraph 1. 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.

receive a daily subsistence allowance as

set out

to 75 days of
to any

5. When the SNE starts the secondment, he shall receive an
advance amount equivalent
the subsistence
such
allowance, whereupon entitlement
allowances shall cease during the corresponding period. If the
secondment to the Agency 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.

further

to that mentioned in paragraph 1 of

6.
At the time of the Exchange of Letters provided for in
Article 1(5), the Agency shall be informed of any payment
similar
this Article
received by the SNE. Any such amounts shall be deducted
from the allowance paid by the Agency 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
and
basic
Luxembourg.

salaries of Community officials

in Brussels

seconded to a Agency Liaison Office,

the
For SNEs
8.
subsistence allowances
referred to in this Article may be
replaced by a housing allowance where this is justified by the
specific circumstances of the country of secondment, subject to
a reasoned decision by the Chief Executives of the Agency.

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 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 allowances paid by the
Agency and the basic salary payable to an official
in step 1
of grade AD7 or grade AST5 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.

immediately prior

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 Agency's Directora-
te/unit to which the SNE is assigned is located. Both places shall
be identified in the Exchange of Letters mentioned in 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.

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
the SNE habitually resided or pursued his
secondment,
principal professional activity at a place situated 150 km
or less from the place of secondment; or

(b) at the time of the Agency'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 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
Agency:

— 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.

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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 reim-
bursement 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.

If a SNE has effected his removal

from his place of
4.
residence 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 Agency.

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
the Agency's expense, after
obtaining its prior authorisation, pursuant to rules in force at
the Agency at the time concerning reimbursement of removal
costs, provided the following conditions are met:

secondment, at

(a)

the initial period of secondment must be for three 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 Agency and a certificate from the SNE's
employer confirming that
is not bearing
removal costs.

the employer

2.
Subject to paragraphs 3 and 4, where the removal to the
place of secondment has been reimbursed by the Agency, 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 Agency at the time concerning reimbur-
sement of removal costs, subject to the conditions set out in
paragraph 1(d), (e) and (f) 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.

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.

4. Where the SNE proves that the place where he will 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 General Secretariat of the Council.

Article 21

Training

if

the interests of

A SNE shall be entitled to attend training courses organised by
it. The
the Agency,
reasonable interests of 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.

the Agency warrant

Article 22

Administrative provisions

1.
The SNE shall report to the relevant Directorate/unit on
the first day of secondment to complete the requisite adminis-
trative formalities. He shall take up his duties on either the first
or the sixteenth of the month.

A SNE assigned to a Agency Liaison Office shall report to
the Agency in his place of

2.
the relevant Directorate/unit of
secondment.

3.
Payments shall be made by the appropriate Directora-
te/unit of the Agency, in euro, into a bank account opened at
a banking institution in the place of secondment.

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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 Agency.

Article 24

Conditions

Seconded military staff must be on paid service in the armed
forces of a participating Member State throughout
their
secondment.

Article 25

External commitments

Seconded military staff may not
involve the Agency in an
external commitment, except under a special mandate granted
under the authority of the Chief Executive of the Agency.

Article 26

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).

Article 27

Professional experience

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 Agency.

Article 28

Suspension and termination of secondment

1.
Authorisation for Article 7 to be applied to a seconded
military staff member shall be given by the Chief Executive of
the Agency.

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

failure of

the seconded military staff member to
negligent
comply with his obligations. The decision shall be taken by
the Chief Executive of the Agency after the person concerned
has had an opportunity to submit his defence. Before taking his
decision, the Chief Executive shall notify the Permanent Repre-
sentative of the Member State of which the seconded military
staff member
the
allowances referred to in Articles 18 and 19 shall no longer
be granted.

is a national. Further

to that decision,

failure to comply with his obligations

Prior to the decision referred to in the first paragraph, a
seconded military staff member may be suspended where
serious
is alleged
against him by the Chief Executive of the Agency 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 Chief Executive of

2.
the Agency may bring to 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 30

Special leave

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

subject

Article 31

Allowances

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

Article 32

Place of residence

The seconded military staff member

1.
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.

Article 29

Serious failure to comply with obligations

1.
By way of derogation from Article 8(3), secondment may
be terminated without notice in serious cases of intentional or

The seconded military staff member

is considered as
2.
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 17(3)(b) is situated in a Member State other than that
of secondment.

7.10.2004

EN

Official Journal of the European Union

L 310/71

CHAPTER V

FINAL PROVISIONS

Article 33

Amendments and Implementing Rules

The provisions of these Rules concerning the Articles 4, 5, 8,
10, 12 to 14, 21 to 32, may be amended,
to the extent
the Agency, acting in
necessary, by the Steering Board of
accordance with Article 9(1)(1.10.) and Article 11(3)(3.2.) of
the
proposed
amendments
transmitted to the Council. These
amendments shall be deemed approved unless the Council,
within two months and acting by qualified majority, shall
decide to modify them.

Joint Action 2004/551/CFSP. Any

shall be

such

Article 34

Evaluation

Within three years after the entry into force of this Decision or
upon the entry into force of the Treaty establishing a Consti-
tution for Europe, whichever is the earliest, the Council shall
evaluate and amend these Rules or take a decision on its
expiration, as appropriate.

Article 35

Effect

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

Done at Brussels, 24 September 2004.

Amendments to other provisions of these Rules, in particular
those concerning remuneration, allowances and social security
benefits, shall be adopted by the Council, acting by unanimity,
upon proposal from the Steering Board of the Agency.

For the Council
The President

L. J. BRINKHORST