2007/829/EC: Council Decision of 5 December 2007 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council and repealing Decision 2003/479/EC
Date: 2007-12-05
Institutions: Council of the European Union
Subjects: Council of the European Union, Secretary General of an Institution, labour mobility, military personnel, public administration, self-employed person, staff regulations (EU)

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 5 December 2007

concerning the rules applicable to national experts and military staff on secondment to the General
Secretariat of the Council and repealing Decision 2003/479/EC

(2007/829/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

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

establishing the European

Whereas:

(1)

(2)

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 their high level of 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
from Member States’
temporarily assigning experts
public administrations or
from international organi-
sations to the GSC.

(4)

(5)

(6)

(7)

(8)

The rights and obligations of SNEs and seconded military
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
exercise of its public law prerogatives, except where dero-
gations are laid down in this Decision.

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

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

Since these rules replace those laid down in Council
Decision 2003/479/EC (1),
that Decision should be
repealed without prejudice to its continuing application
to all secondments taking place at the time of entry into
force of this Decision,

(3)

SNEs should be drawn from public administrations in
Member States or from international organisations.

(1) OJ L 160, 28.6.2003, p. 72. Decision as last amended by Decision

2007/456/EC (OJ L 173, 3.7.2007, p. 27).

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HAS DECIDED AS FOLLOWS:

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope

These rules are applicable to seconded national experts
1.
(SNEs) seconded to the General Secretariat of
the Council
(GSC) by Member States’ public administrations. They shall
from an international
also apply to experts on secondment
organisation.

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

The GSC shall

in accordance with
3.
requirements
The Deputy
Secretary-General shall establish the arrangements for such
recruitment.

SNEs
possibilities.

recruit
budgetary

and

The intended period of secondment shall be fixed at the
3.
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.

An SNE who has already been seconded to the GSC may
4.
be seconded again,
in accordance with internal rules laying
down maximum periods during which such persons may be
present
to the following
conditions:

in GSC departments and subject

(a)

the SNE must
secondment;

continue

to meet

the

conditions

for

(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 received another, additional contract, 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 an SNE whose initial secondment
lasted
in that case the new
for
the
secondment shall not exceed the unexpired part of
four-year period;

than four years, but

less

4.
Except where the Deputy Secretary-General grants a dero-
gation which is not applicable in the area of the Common
Foreign and Security Policy (CFSP)/European Security and
Defence Policy (ESDP), SNEs must be nationals of a Member
State. SNEs shall be recruited on as wide a geographical basis as
possible from 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.

(c)

the period stated in point (b) shall be reduced to three years
if the period of the first secondment is less than six months.

Article 3

Place of secondment

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 organi-
sation, as appropriate. The place of secondment must be
indicated in the exchange of
the rules
applicable to SNEs on secondment
to the GSC shall be
attached to the exchange of letters.

letters. A copy of

SNEs shall be seconded to Brussels, to a GSC liaison office or to
any other place where the European Union operates under a
decision adopted by the Council. The place of secondment may
be changed during the secondment by means of a further
exchange of letters in accordance with Article 1(5) if the possi-
bility of changing that place was not envisaged in the original
exchange of letters. The administration which seconds an SNE
shall be kept
to the place of
secondment.

informed of any changes

Article 2

Period of secondment

Article 4

Duties

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

An SNE shall assist GSC officials or temporary staff and

1.
carry out the tasks assigned to him.

2.
Notwithstanding paragraph 1, the period for which an
SNE is seconded to take part in the preparation of military or
civilian operations or to study their launch may be less than six
months.

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.

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2.

An SNE shall take part in missions and meetings only:

Article 5

(a)

if accompanying a GSC official or temporary staff member;
or

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

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

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 that 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
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

Rights and obligations

1.

During the period of secondment:

(a) an SNE shall carry out his duties and shall behave solely

with the interests of the Council in mind;

(b) an 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
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;

(d) an 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
publication is
the
European Union;

liable to prejudice the interests of

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

of his duties shall be the property of the GSC;

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.

(f) an SNE shall reside at the place of secondment or at no
greater distance therefrom than is compatible with the
proper performance of his activities;

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.

(g) an 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 duties entrusted to him;

In the event of failure to comply with the provisions of
the GSC may terminate the

6.
paragraphs 2, 3, 4 and 7,
secondment of the SNE under the terms of Article 8(2)(c).

(h) an 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.

subparagraph of paragraph 2,

Notwithstanding the first subparagraph of paragraph 1
7.
the Deputy
and the first
from the Director-
Secretary-General may, on a proposal
General of
to which the SNE is assigned,
the department
entrust the SNE with specific duties and charge him with the
conduct of one or more specific missions after verifying that
there is no conflict of interest.

2.
Both during and after the period of secondment, an SNE
shall exercise the greatest discretion with regard to all facts and
information of which he becomes aware 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 an 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.

in the three years

following the period of
To that end,
secondment an 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.

SNEs shall be subject to the security rules in force in the

4.
GSC.

5.
Failure to comply with the provisions of paragraphs 1, 2
and 4 during the period of secondment shall entitle the GSC
to terminate the secondment of an SNE under the terms of
Article 8(2)(c).

Article 6

Level, professional experience and knowledge of languages

least

three years’

To qualify for secondment to the GSC, an SNE must have
1.
at
full-time experience of administrative,
scientific, technical, advisory or supervisory functions equivalent
to those of function groups AD or AST as defined in the Staff
Regulations of officials of the European Communities and the
Regulations and Rules applicable to other servants of
the
the SNE’s employer
Communities. Before the secondment,
the expert’s
shall
employment covering the previous 12 months.

supply the GSC with a statement of

An SNE must have a thorough knowledge of one
2.
Community 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

1.
Subject to paragraph 2, secondment may be terminated at
the request of the 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
if the SNE’s essential

request of the SNE to both parties,
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 GSC

3.
shall immediately inform the employer.

CHAPTER II

WORKING CONDITIONS

Article 9

Social security

1.
Before the period of secondment begins, the employer
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 applicable to
the public administration or international organisation which
employs the SNE and which will assume responsibility for
expenses incurred abroad.

2.
From the commencement of his secondment, the SNE
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
for Personnel and Administration to
the Directorate-General
complete
the
secondment.

administrative

formalities

related

the

to

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3. When, in the context of a mission in which the SNE is
participating under the terms of Articles 4(2) and 20, or when,
as a result of specific risks at the place of secondment, addi-
tional or specific insurance is required, the relevant costs shall
be borne by the GSC.

Article 10

Working hours

1.
An SNE shall be subject to the rules in force in the GSC as
regards working hours. These rules may be modified by the
Deputy General-Secretary where the needs of the department
so require.

2.
An 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
interests of the GSC, the Director-General of Personnel and
Administration may authorise an SNE to work part-time, after
agreement from his employer.

(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

1.
An SNE shall be entitled to two-and-a-half working days
of 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.

An 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 annually,

3. Where part-time working is authorised,
work at least half of the normal working time.

the SNE shall

— death of spouse: four days,

The allowances in force within the GSC for shift-work or

4.
standby duty may be paid to SNEs.

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

days annually,

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

Article 11

— birth of a child: ten days, to be taken during the month

Absence for reasons of sickness or accident

following the birth,

1.
In the event of absence for reasons of sickness or accident,
an 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 GSC.

If absence due to sickness or accident of not more than
2.
three days exceeds a total of 12 days over a period of 12
months, an SNE shall be required to produce a medical certi-
ficate 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
the allowances referred to in Article 15(1) and (2)
longer,
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.

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

— removal to take up duties: up to two days,

— death of a child: four days.

Additional special leave of two days per period of 12 months
may be granted at the request (with due justification) of the
person concerned.

Upon a duly substantiated application by the SNE’s
leave in a 12-month

4.
employer, up to two days of special
period may be granted by the GSC on a case-by-case basis.

In the case of part-time work, annual

5.
reduced proportionately.

leave shall be

4.
However, an 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

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

6.
of secondment shall be forfeited.

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Paragraph 3 shall not apply to those SNEs whose period
7.
of secondment is less than six months. However, an SNE whose
period of secondment is less than six months may be granted
special leave, on the basis of a reasoned application and subject
to a decision by the Director-General of the department to
which he is assigned. That special leave may not exceed three
days for the whole period of secondment. Before granting the
leave, the above Director-General
in charge must consult the
Director-General of Personnel and Administration.

between the place of origin and the place of secondment is
150 km or less,
the daily allowance shall be EUR 29,44.
Where the distance is more than 150 km, the daily allowance
shall be EUR 117,74.

If the SNE has not received removal expenses from either
employer, an additional monthly

2.
the GSC or
allowance shall be paid as shown in the table below:

from the

Article 13

Maternity leave

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

Amount in euro

An SNE who is pregnant shall be granted maternity leave
1.
of 20 weeks, during which period she shall
receive the
allowances provided for in Article 15. The leave shall begin
not earlier than six weeks before the probable date of delivery
indicated in the certificate and shall end not earlier than 14
weeks after the date of delivery. In the event of multiple or
premature birth or birth of a handicapped child, the period of
leave shall be 24 weeks. For the purposes of this provision, a
premature birth shall be one which occurs before the end of the
34th week of pregnancy.

0-150

> 150

> 300

> 500

> 800

> 1 300

> 2 000

0

75,68

134,54

218,65

353,20

555,03

664,37

legislation of

longer maternity leave,

the SNE’s employer
2. Where the national
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
at
the GSC
warrant it.

the secondment

the interests of

secondment

the end of

the

if

to cover the whole of

An SNE may, alternatively, apply for a suspension of the
3.
secondment
the period allowed for
maternity. In that case a period equivalent to the suspension
shall be added at the end of the secondment if the interests of
the GSC warrant it.

Article 14

Management and control

Management and control of leave shall
lie with the adminis-
tration 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

Allowances

1.
throughout

An SNE shall be entitled to a daily subsistence allowance
the period of secondment. Where the distance

This allowance shall be paid monthly in arrears.
It shall be
payable until the end of the month in which, where applicable,
the SNE has effected his removal under the terms of Arti-
cle 19(1).

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

to 75 days of
to any

4. When the SNE starts the secondment, he shall receive an
the subsistence
advance amount equivalent
allowance, whereupon entitlement
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 shall be
obliged to return the amount corresponding to the remaining
part of that period.

further

At the time of the exchange of letters provided for in
5.
Article 1(5)
the GSC shall be informed of any payment
similar to that mentioned in paragraphs 1, 2, 7 and 8 of this
Article received by the SNE. Any such amounts shall be
deducted from the corresponding allowances paid by the GSC.

6.
Daily and monthly allowances shall be adjusted each year
without retroactive effect on the basis of the adaptation of the
basic
and
Luxembourg.

salaries of Community officials

in Brussels

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For SNEs seconded to a GSC Liaison Office or to any
7.
other place where the Union operates under a decision
adopted by the Council, the allowances referred to in para-
graphs 1 and 2 may be replaced by a housing allowance
where this is justified by circumstances relating to accommo-
dation costs at the place of secondment, subject to a reasoned
decision by the Director-General of Personnel and Adminis-
tration.

the cost of

living or particularly difficult

8.
A special allowance, determined on the basis of the place
of secondment, if this place is situated outside the EU, to take
account of
living
conditions, may be granted subject to a reasoned decision by
the Director-General of Personnel and Administration. This
allowance shall be paid monthly and shall be fixed at
between 10 and 15 % of the basic salary of an official in step
1 of grade AD 6 or grade AST 4, depending on the function
group to which he is assimilated.

Article 16

Additional flat-rate allowance

1.
Except where the place of origin of an 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 any allowances paid by the GSC, pursuant to
Article 15, and the basic salary payable to an official in step 1
of grade AD 6 or grade AST 4, depending on the function
group to which he is assimilated.

— the place of return shall be the place where the SNE will
is

secondment

after

the

perform his main activity
terminated.

2.
If either the place of recruitment or the place of return is
located outside the territory of the European Union or in a
Member State other than that in which the SNE employer’s
head office is located or, if the SNE does not pursue a profes-
sional activity after his secondment is terminated, the place of
origin shall be considered to be the place of recruitment or
place of return, as appropriate.

The place of recruitment, the place or places of secondment and
the place of origin shall be determined in the exchange of letters
return shall be
referred to in Article 1(5). The place of
determined on the basis of a declaration by the SNE’s employer.

For the purposes of applying this Article, circumstances
3.
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.
An SNE whose place of recruitment is more than 150 km
from the place of secondment shall be entitled to reimburse-
ment of travel expenses:

This allowance shall be adjusted once a year without
2.
retroactive effect on the basis of the adaptation of the basic
salaries of Community officials.

(a)

for himself;

Article 17

Places of recruitment, secondment, origin and return

1.

For the purposes of these rules,

(b) for his spouse and dependent children, provided that they
live with the SNE and that the removal is reimbursed by the
GSC.

— the place of recruitment shall be the place where the SNE
performed his duties for the employer immediately prior to
secondment,

— the place of secondment shall be the place where the GSC
department or office to which the SNE is assigned is located,
or the place where the SNE operates under a decision
adopted by the Council,

— the place of origin shall be the place where his employer’s

head office is located,

2.
Unless the journey is made by air, the amount shall be
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 the actual cost of a reduced-price ticket
(PEX or APEX), on production of tickets and boarding cards.

An SNE shall be entitled to reimbursement for himself
3.
for the persons referred to in paragraph
if applicable,
and,
1(b), of travel expenses to the place of return at the end of
the secondment within the above limits. The reimbursement
may not be for a sum higher than that to which the SNE
would have been entitled if he had returned to his place of
recruitment.

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If an SNE has effected his removal

from his place of
4.
recruitment to his place of secondment, he shall 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 origin for
himself, his spouse and any dependent children, on the basis of
the provisions in force at the GSC.

Article 19

Removal expenses

the amount of the removal expenses to which he would
have been entitled if he had returned to his place of
recruitment;

(d) after sending the originals of estimates received and the
invoice for the removal to the GSC, and a declaration by
the SNE’s employer confirming that the employer is not
bearing all or part of the removal costs.

1.
An SNE may remove his furniture and his personal effects
from the place of recruitment to the place of secondment, at the
GSC’s expense, after obtaining its prior authorisation, pursuant
to the rules in force at the GSC concerning reimbursement of
removal expenses, provided the following conditions are met:

3.
An SNE whose secondment is terminated at his request or
at the employer’s request within two years of the start of the
secondment shall not be entitled to reimbursement of removal
costs at the end of the secondment.

(a)

the initial period of secondment must be for two years;

Article 20

Missions and mission expenses

(b) the SNE’s place of recruitment must be 100 km or more

from the place of secondment;

1.

An SNE may be sent on mission subject to Article 4.

(c)

the removal must be completed within six months of the
starting date of the secondment;

2. Mission expenses shall be reimbursed in accordance with
the provisions in force at the GSC.

(d) authorisation must be requested at least two months before

the intended date of removal;

Article 21

Training

(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 the
removal costs.

2.
Subject to paragraph 3, 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
from the place of
secondment to the place of return, pursuant to the rules in
force in the GSC concerning reimbursement of removal costs,
subject to fulfilment of the conditions set out in paragraph 1(d)
and (e) above and the following further conditions:

removal

costs

(a)

the removal cannot
before the end of the secondment;

take place earlier than six months

(b) the

removal must be

completed within six months

following the end of the secondment;

(c)

the amount of removal expenses reimbursed by the GSC for
the removal at the end of the secondment may not exceed

An 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.

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

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

in euro,

Payments shall be made by the appropriate department of
3.
the GSC,
into a bank account opened at a banking
institution in Brussels. In the case of an SNE seconded to a
place other than Brussels, payments may be made in euro
into a bank account opened at a banking institution either in
Brussels or at the SNE’s place of origin. The accommodation
allowance may be paid in another currency into a bank account
opened at a banking institution at the place of secondment.

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CHAPTER IV

NATIONAL EXPERTS ON FREE SHORT-TERM SECONDMENT

Article 23

SNEs on free short-term secondment

1.
For the purposes of this Decision, an SNE on free short-
term secondment (SNE-FSTS) shall mean a highly specialised
SNE seconded to perform very specific duties for a maximum
period of three months. Such secondment entails the payment
of no allowances or expenses for the Council except, where
appropriate,
those provided for in Article 28 and without
prejudice to a different agreement between the GSC and the
administration which seconds the SNE-FSTS.

An SNE-FSTS may be seconded only in exceptional cases,
2.
the Deputy Secretary-General. An
with the authorisation of
the purposes of
SNE-FSTS may be
performing duties which it would be difficult
to have
performed in the GSC within a very short time span. Such
duties include:

seconded only for

— a minimum period of
three years must have elapsed
between the end of
the previous period of secondment
and a further secondment if the SNE is seconded subject
to the rules set out in Article 1 of this Decision.

In exceptional cases,

3.
the period indicated in the first
indent of paragraph 2 may be shortened by decision of the
Deputy Secretary-General.

Article 25

Scope

1.
In the exchange of letters provided for in Article 1(5)
reference shall be made to the person in charge within the
directorate-general or directorate, unit, mission or exercise to
which the SNE-FSTS will be seconded and the duties to be
performed by the latter shall be described in detail.

— fact-finding missions,

2.
As for the specific duties which devolve upon him, the
SNE-FSTS shall receive instructions from the person in charge
referred to in paragraph 1.

— the planning and appraisal of specific crisis management

operations,

Article 26

Insurance

— participation in specific crisis management exercises.

Without prejudice to Article 28 and notwithstanding Article
9(2), an SNE-FSTS will not be covered by the GSC against
risks of accident.

Subject

3.
the rules laid down in
Articles 1 to 14 and 20 to 22 shall also apply to SNEs-FSTS.

to Articles 23 to 28,

4. Without prejudice to Article 5, an SNE-FSTS’s conduct
must always
seconded to the
Council and must never reflect adversely on his position.

that he is

the fact

reflect

Article 24

Period of secondment

The period referred to in Article 23(1) may be extended

1.
once, for a maximum period of three months.

2.
An SNE-FSTS who has been seconded to the GSC may be
seconded again in accordance with the rules laid down in this
Decision and always subject to the following conditions:

Article 27

Working conditions

1.
Notwithstanding Article 10(1), an SNE-FSTS shall abide by
the rules in force as regards working hours at the place of
secondment. These rules may be modified by the person in
the administrative unit, mission or exercise to
charge of
which an SNE-FSTS is seconded where the needs of
the
department so require.

2.
Notwithstanding the second sentence of Article 10(2), an
SNE-FSTS shall work only on a full-time basis during his
secondment.

3.

Article 10(4) shall not apply to an SNE-FSTS.

— a minimum period of one year must have elapsed between
the end of the previous period of secondment and a further
secondment if the SNE is seconded subject to the rules of
this chapter,

The management and control of an SNE-FSTS’s presence
4.
and holidays shall lie with the person in charge mentioned in
Article 25(2).

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Article 12(3), (4) and (7) shall not apply to an SNE-FSTS.
5.
However, he may be granted special leave by decision of the
Director-General of the department to which he is seconded, on
the basis of a reasoned application submitted by him. Such
leave may not exceed three days over the entire period of
secondment. Before granting such leave, the Director-General
referred to above must
the Director-General of
consult
Personnel and Administration.

Article 28

Missions

If an SNE-FSTS takes part in missions in a place other
1.
than his place of
secondment, he will be reimbursed in
accordance with the rules in force for the reimbursement of
missions involving officials, except where another arrangement
has been agreed between the GSC and the administration which
seconds an SNE-FSTS.

If,

‘high risk’
2.
special
in connection with a mission,
insurance is provided by the GSC for officials,
this facility
shall also apply to an SNE-FSTS who is taking part in the
same mission.

An SNE-FSTS who takes part in a mission outside the
3.
territory of the EU will be subject to the security arrangements
in force in the GSC for such missions.

CHAPTER V

APPLICATION OF THE RULES TO SECONDED NATIONAL
MILITARY STAFF

Article 29

Rules applying to seconded military staff

to Articles 30 to 42,

Subject
the rules laid down in the
preceding chapters shall also apply to military staff seconded
to the GSC in order to form the European Union Military Staff
to Council Decision 2001/80/CFSP of 22 January
pursuant
2001 on the establishment of
the
European Union (1).

the Military Staff of

Article 30

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 31

Recruitment

Notwithstanding the second sentence of Article 1(3),
Secretary-General/High Representative
establish
arrangements for recruitment of seconded military staff.

shall

the
the

(1) OJ L 27, 30.1.2001, p. 7. Decision as amended by Decision

2005/395/CFSP (OJ L 132, 26.5.2005, p. 17).

Article 32

Exchange of letters

shall

the exchange of
For the purposes of applying Article 1(5),
take place between the Secretary-General/High
letters
Representative
the
Member State concerned. This exchange of letters must also
mention any restriction on an SNE’s participation in missions.

and the Permanent Representation of

Article 33

Length of secondment

1.
Notwithstanding 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.

Notwithstanding Article 2(4)(b), except
least

in exceptional
2.
cases, a period of at
three years must have elapsed
between the end of the previous period of secondment and a
further secondment, where the conditions so justify and in
agreement with the Secretary-General/High Representative.

Article 34

Tasks

Notwithstanding Article 4(1), seconded military staff acting
under the authority of
the Secretary-General/High Represen-
tative 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.

Article 35

External commitments

Notwithstanding the second subparagraph of 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 Represen-
tative.

Article 36

Security clearance

the
Notwithstanding Article 4(5),
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).

the appropriate level of

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Article 37

Professional experience

Article 40

Working hours

Notwithstanding 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 38

Suspension and termination of secondment

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

Notwithstanding Article 8(2),

2.
secondment may be
terminated without notice if the interests of the GSC or of
the seconded military staff member’s national administration
so require or for any other sufficient cause.

Article 39

Serious failure to comply with obligations

1.
Secondment may be terminated without notice in serious
cases of intentional or negligent failure of the seconded military
staff member to comply with his obligations. Notwithstanding
Article 8(2)(c), the decision shall be taken by the Secretary-
General/High Representative after the person concerned has
had an opportunity to submit his defence. Before taking a
decision, the Secretary-General/High Representative shall notify
the Permanent Representative of the Member State of which the
seconded military staff member is a national. Following that
decision,
the allowances referred to in Articles 18 and 19
shall no longer be granted.

failure to comply with his obligations

Prior to the decision referred to in the first subparagraph, a
seconded military staff member may be suspended where
serious
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 shall

2.
inform
the national authorities of 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.

The second sentence of Article 10(2)
seconded military staff.

shall not apply to

Article 41

Special leave

Notwithstanding Article 12(4), unpaid additional special
leave
may be granted by the GSC for training by the employer,
subject to a duly reasoned application by the employer.

Article 42

Allowances

Notwithstanding 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.

CHAPTER VI

FINAL PROVISIONS

Article 43

Repeals

Council Decision 2003/479/EC shall be repealed. However,
it
shall remain applicable to all secondments taking place at the
time of the entry into force of this Decision, without prejudice
to Article 44.

Article 44

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 Brussels, 5 December 2007.

For the Council
The President

J. VIEIRA DA SILVA