JOINT DECISION OF THE COMMISSION AND THE HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY of 28.03.2012 on Cooperation Mechanisms concerning the Management of Delegations of the European Union
Date: 2012-03-28
Institutions: European Commission, High Representative of the Union
Subjects: EU relations, common foreign and security policy, diplomatic representation, interinstitutional cooperation (EU)

EUROPEAN COMMISSION 

HIGH REPRESENTATIVE OF 
THE EUROPEAN UNION FOR 
FOREIGN AFFAIRS AND 
SECURITY POLICY

Brussels, 28.03.2012 
JOIN (2012) 8 final 

JOINT DECISION OF THE COMMISSION AND THE HIGH 
REPRESENTATIVE  
OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY 

of 28.03.2012 

on Cooperation Mechanisms concerning the Management of Delegations of the 
European Union 

 
 
 
 
JOINT DECISION OF THE COMMISSION AND THE HIGH REPRESENTATIVE  
OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY 

of 28.03.2012 

on Cooperation Mechanisms concerning the Management of Delegations of the 
European Union 

THE EUROPEAN COMMISSION AND THE HIGH REPRESENTATIVE OF THE UNION 
FOR FOREIGN AFFAIRS AND SECURITY POLICY, 

Having regard to the Treaty on European Union, 

Having  regard  to  Council  Decision  2010/427/EU  of  26  July  2010  establishing  the 
organisation  and  functioning  of  the  European  External  Action  Service1  (hereafter  'the 
Decision establishing the EEAS'), and in particular Article 13 (4) thereof, 

Whereas: 

(1) 

The  EU's  new  institutional  set-up  in  the  external  relations  area,  established  in 
accordance  with  the  Treaty  of  Lisbon,  calls  for  Commission  Services  and  the 
European External Action Service ('EEAS') to cooperate closely.  

(2)  With  the  establishment  of  the  EEAS,  the  former  Directorate-General  for  External 
Relations  and  the  former  Unified  External  Service,  with  its  network  of  Delegations, 
ceased  to  exist.  Commission  Delegations  became  Union  Delegations  ('Delegations') 
placed under the authority of the High Representative of the Union for Foreign Affairs 
and Security Policy ('High Representative') pursuant to Article 221 TFEU. 

(3) 

(4) 

(5) 

Delegations are an integral part of the EEAS (Article 1 (4) of the Decision establishing 
the EEAS). 

Each  Delegation  is  placed  under  the  authority  of  Head  of  Delegation.  All  staff  are 
placed, whatever their status and for all their activities, under the authority of the Head 
of Delegation pursuant to Article 5 (2) of the Decision establishing the EEAS. 

Staff  in  Delegations  comprises  EEAS  staff  and,  where  appropriate  for  the 
implementation  of  the  Union  budget  and  Union  policies  other  than  those  under  the 
remit  of  the  EEAS,  Commission  staff.  The  presence  of  Commission  staff  in 
Delegations means that specific arrangements are needed between the EEAS and the 
Commission Services. Such arrangements should ensure a coherent management of all 
staff in Delegations. 

(6) 

The EEAS shall support and work in cooperation with the services of the Commission 
in  order  to  ensure  consistency  between  the  different  areas  of  the  Union's  external 

1   OJ L 201, 03.08.2010, p.38 

  2

 
                                            
action and between those areas and its other policies, as set our in Article 3 (1) of the 
Decision establishing the EEAS. 

(7) 

The  aim  of  this  Decision  is  to  set  up  collaborative  arrangements  between  the  EEAS 
and the Commission Services for the management of Delegations. 

HAVE DECIDED AS FOLLOWS: 

Scope and Definitions  

Article 1 

1. 

The EEAS and Commission Services shall cooperate with each other, in conformity 
with  Article  3  of  the  Decision  establishing  the  EEAS,  on  the  management  of 
Delegations and in particular on all issues falling under the scope of this Decision, 
with a view to ensuring the smooth functioning of the Delegations.  

2. 

This Decision shall be without prejudice to: 

– 

– 

– 

– 

The overall management role of the Heads of Delegation over the Delegations, 
as set out in Article 5 of the Decision establishing the EEAS; 

The exercise by the High Representative or the Commission of the powers over 
their  staff  in  Delegations  conferred  on  the  Appointing  Authority  by  the  Staff 
Regulations ('AIPN') and on the Authority authorised to conclude contracts by 
the CEOS ('AHCC');  

The exercise of the powers conferred on the Authorising Officer by Delegation 
('AOD'); 

The  applicable  budgetary,  financial  management,  security  and  safety  rules, 
including reporting requirements. 

3. 

For the purposes of this Decision and unless otherwise specified, 

– 

– 

– 

– 

'Human resources in Delegations', or 'Delegation staff' shall refer to both EEAS 
and Commission human resources or staff in Delegations; 

'External relations DGs' shall refer to DGs TRADE, ELARG, DEVCO, ECHO 
as well as the FPI; 

'Home  DG'  shall  refer  to  the  Commission  DG  to  which  a  Commission  staff 
member with a Delegation posting is assigned; 

'COMDEL DGs' shall refer to the external relations DGs, the SG, DG BUDG 
and DG HR.  

  3

Steering Committee for Delegations 

Article 2 

A Steering Committee for Delegations ('EUDEL') shall be hereby established. 

The  EUDEL  shall  ensure  cooperation  and  mutual  consultation  between  the  EEAS 
and  the  relevant  Commission  Services  for  all  issues  regarding  the  management  of 
Delegations.  It  shall  constitute  a  forum  for  exchanging  information  on  matters  of 
mutual  interest,  notably  in  relation  to  resource  management  in  Delegations,  in 
particular with a view to ensuring the ability of Delegations to adapt swiftly to the 
political priorities of the external action of the EU, to evolving Commission priorities 
and to unforeseen crisis or emergency situations.  

The  EUDEL  is  an  advisory  body  which  can,  while  respecting  applicable  rules  and 
the  available  budget,  issue  recommendations  to  the  EEAS  and  the  relevant 
Commission Services on any matter covered by this Decision.  

Article 3 

The EUDEL shall be composed of one representative from the EEAS, DG DEVCO, 
the Secretariat-General, DG BUDG and DG HR. It shall be chaired by the EEAS.  

Representatives  from  any  COMDEL  DG  and,  if  concerned,  from  other  DGs  with 
staff  in  Delegations  may  be  invited  by  DEVCO  or  the  Secretariat-General  to  the 
EUDEL meetings.  

The EEAS will provide the Secretariat of the EUDEL.  

The EUDEL shall meet  

a.  at senior management level (Chief Operating Officer/Director-General) at least 
once  every  six  months;  members  may  designate  a  senior  management  level 
alternate to a particular meeting;  

b.  at working level on a regular basis.   

At the request of at least two members or at the initiative of the Chair a meeting will 
be called at senior or working level.  

Any  member  of  the  EUDEL  shall  be  entitled  to  put  an  issue  on  the  agenda.  The 
Secretariat shall distribute the agenda as well as the supporting documents for each 
meeting, at least five working days before the meeting. 

The  EUDEL  shall  adopt  its  recommendations  by  consensus  between  its  members. 
The EEAS and the Commission Services will take the necessary steps to implement 
the recommendations of the EUDEL. Where the EEAS or a Commission Service has 
difficulty to implement a recommendation, it shall inform the EUDEL.  

1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

  4

7. 

8. 

9. 

Recommendations  of  the  EUDEL  may  be  adopted,  on  the  proposal  of  one  of  its 
members, either at its meetings or by written procedure, without prejudice to internal 
coordination arrangements between Commission Services.  

Written  procedures  shall  be  launched  by  the  Secretariat  with  at  least  five  working 
days  in  which  to  make  an  objection.  For  exceptional  cases,  shorter  periods  can  be 
applied, unless a member objects to it within the shorter period.  Objections should 
be  explained  and,  where  appropriate,  accompanied  by  draft  amendments.  Once  the 
deadline  has  expired,  if  no  objection  has  been  raised,  the  recommendation  shall  be 
deemed adopted. If an objection is raised before the deadline, and unless the member 
who took the initiative for the recommendation requests that the written procedure be 
relaunched  with  an  amended  text,  a  meeting  of  EUDEL  at  working  level  shall  be 
called as soon as possible to discuss the matter with a view of reaching a consensus. 

If consensus cannot be reached at working level, the matter will be included in the 
agenda of a meeting of the EUDEL at senior management level. The members of the 
EUDEL shall endeavour to adapt their proposals as required to facilitate reaching a 
consensus on the matter.  

If, in spite of those efforts, the issue can still not be settled within one month as of 
the  end  of  the  written  or  oral  procedure,  there  will  be  no  recommendation  on  the 
matter.  In  such  cases,  the  matter  may  be  referred  to  the  College  at  the  initiative  of 
any of the members of the EUDEL.  

10. 

The EUDEL may lay down further procedural rules if necessary for its operation. 

Scope  

Article 4 

1. 

2. 

As  a  general  principle,  the  EEAS  and  the  Commission  Services  shall  inform  each 
other through the EUDEL of all management decisions they intend to make relating 
to the Delegations and which are of relevance for the respective other entity, unless 
more specified cooperation mechanisms are foreseen in this Decision.  

The  EEAS  and  the  relevant  Commission  Services  shall  elaborate  jointly  and 
endorse through the EUDEL the final drafts for the following documents: 

a.  Guidelines for the Delegations’ annual management plans; 

b.  Guidelines for the Delegations’ annual activity reports; 

c.  Principles governing inspection missions and guidelines for inspection reports 

of Delegations; 

d.  Detailed arrangements for implementing Article 96 of the Staff Regulations. 

The Guidelines mentioned under points b. and c. shall be drafted in accordance with 
the framework set by the Commission and each relevant AOD/AOSD. 

  5

3. 

The EEAS shall consult the Commission Services through the EUDEL on any of 
the following decisions regarding Delegations: 

a.  Decisions  to  be  adopted  by  the  High  Representative  in  agreement  with  the 

Council and the Commission on the opening or closing of a Delegation; 

b.  “Mandates” given by the High Representative to Heads of Delegation; 

c.  Decisions  determining  the  level  of  the  Delegations  and  their  ranking  by 

category that results from it; 

d.  Guidelines for Delegation evaluation reports, in the sense of Article 5(5) of the 

Decision establishing the EEAS; 

e.  Instructions  to  Heads  of  Delegation  for  the  notification  of  Delegation  staff 

members to the host country; 

f.  Decisions  establishing  the  classification  of  each  Delegation  by  living 

conditions; 

g.  Decisions relating to the duty of care towards staff in Delegations, in particular 

in the field of health and safety standards and security measures; 

h.  Decisions  regarding  infrastructure  and  other  assets  in  Delegations,  without 
prejudice to the rules applicable to real estate projects for which the share of 
Commission financing exceeds an annual average amount of EUR 500,000. 

4. 

The relevant Commission and EEAS services shall consult each other through the 
EUDEL before taking any of the following decisions concerning the Delegations: 

a.  Decisions regarding the workload assessment of Delegations; 

b.  Decisions  on 

reinforcement, 
redeployment  or  withdrawal  of  establishment  plan  posts  and/or  external 
personal financed with appropriations; 

(re-)allocations, 

including 

resource 

the 

c.  Decisions on appointments, transfers and rotation of staff in Delegations. 

5. 

Without prejudice to the respective AIPN powers of the EEAS and the Commission 
and the inherent differences between staffing policies of both institutions, the EEAS 
and  the  relevant  Commission  Services  shall  cooperate  with  a  view  to  preventing 
unnecessary  differences  in  treatment  between  EEAS  staff  and  Commission  staff 
posted  in  Delegations  through  the  development  of  common  or  equivalent  rules, 
which shall be endorsed by the EUDEL, in the following areas: 

a.  Principles governing Delegation postings; 

b.  Procedures applicable to the annual rotation exercise; 

c.  Training policy and requirements for staff posted in Delegations. 

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Tasks of Delegation Staff 

Article 5 

1. 

2. 

3. 

1. 

The  job  descriptions  of  all  Delegation  staff  shall  contain  a  common  objective 
reflecting  their  contribution  to  the  projection  and  promotion  of  EU  policies  and 
values  in  the  wider  world.  The  job  descriptions  of  all  Commission  staff  in 
Delegations  shall  set  out  the  job  assignment  that  should  remain  their  core  and 
preponderant task, but shall include a reference to the flexibility provisions in Article 
6 of this Decision.  

Job descriptions of EEAS Delegation staff shall be decided by the EEAS.  

The  final  decision  on  a  job  description  of  Commission  staff  shall  be  taken  by  the 
Commission,  after  consultation  with  the  Head  of  Delegation  who  shall  notably 
provide the elements specific to the local situation. Job descriptions of Commission 
Delegation  staff  shall  be  decided  by  the  respective  home  DG  incorporating,  as 
appropriate,  elements  from  other  Commissions  services  where 
the  policy 
responsibilities of the post go beyond those of the home DG. 

Article 6 

Commission  Delegation  staff  funded  from  the  administrative  budget  (Heading  5) 
shall as a general rule not perform CFSP or CSDP tasks within the responsibility of 
the  EEAS.  However,  for  a  limited  period  of  time,  at  the  request  of  the  Head  of 
Delegation  and  without  the  need  to  obtain  the  prior  agreement  of  the  Home  DG, 
Commission  staff  may  contribute  to  the  work  of  the  Delegation  that  falls  outside 
their normal line of duty, provided that (a) the staff member has relevant expertise in 
the area where he/she is asked to work, and (b) the arrangement does not jeopardise 
the  performance  of  his/her  core  and  preponderant  tasks  as  detailed  in  the  job 
description, and (c) the tasks so undertaken do not exceed a reasonable proportion of 
working  time  (indicatively  no  more  than  20%).  Where  the  limited  period  of  time 
referred  above  exceeds  two  months,  the  Head  of  Delegation  shall  seek  the  prior 
agreement of the Home DG. 

2. 

Commission Delegation staff funded from programmes (Heading 4) shall not be used 
for  other  work  than  programme  preparation,  implementation  and  evaluation.  The 
following tasks shall be deemed to be part of the tasks of this category of staff: 

a.  Contributing to the drafting of national and regional programming documents; 

b.  Supporting  and  providing  a  direct  input  into  sector  policy  dialogues  with  the 
host  country  in  areas  of  Commission  responsibility  drawing  from  sector 
expertise built through the implementation of development aid activities in the 
concerned  sectors.  For  instance,  where  the  Commission  manages  Budget 
Support programmes the Delegation benefits from macro economic and sector 
policy analysis brought by Commission staff; 

  7

c.  Contributing  to  the  Delegation  reporting  in the  various sector policy areas of 
Commission  responsibilities,  including  for  staff  working  on  this  subject  the 
monitoring and reporting on human rights issues; 

d.  Contributing to the Delegation information and intelligence gathering in these 

areas; 

e.  Participating  and/or  organising  Delegation  public  events  related  to  areas  of 

Commission responsibilities. 

If  there  is  a  disagreement  on  the  implementation  of  the  flexibility  arrangements 
between a Commission staff member and the Head of Delegation, the matter shall be 
referred to Headquarters (simultaneously to the Chief Operating Office of the EEAS 
and the Director-General of the Home DG) or to EUDEL, as appropriate. 

Organisation Charts of Delegations 

Article 7 

The  organisation  charts  of  Delegations  and  changes  thereof  (creation,  suppression, 
move or change of title of entities or management functions) shall be decided by the 
Chief Operating Officer of the EEAS, who is empowered by the High Representative 
to take such decisions. 

The  EEAS  will  seek  the  agreement  of  the  Commission  prior  to  the  adoption  of 
complete organisation chart of any Delegation containing Commission posts. 

The EEAS shall also seek the agreement of the Commission wherever the proposed 
modification of an organization chart concerns Commission posts or the entity they 
belong to. 

All  organisation  chart  changes,  which  concern  Commission  entities  or  functions  in 
Delegations, require – in addition to the agreement of the EEAS – adoption pursuant 
to  the  Commission's  internal  rules.  Proposed  changes  shall  be  submitted  to  the 
EUDEL.  

The EEAS shall inform the EUDEL of all proposed changes relating to Delegations 
or Delegation sub-entities, which do not concern Commission posts. 

Careers of Officials and Other Staff in Delegations 

Article 8 

EEAS  and  Commission  establishment  plan  posts  in  Delegations  due  to  become 
vacant shall, as a general rule, be filled by means of an annual rotation exercise.  

The EEAS and the Commission Services shall publish their rotation lists at the same 
time.  The  EUDEL  shall  discuss  the  rules  governing  the  respective  mobility 
procedures with a view to obtaining maximum convergence of the rotation exercises. 

  8

3. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

The  EEAS  shall  invite  a  representative  of  the  Commission  Services,  and  the 
Commission Services shall invite a representative of the EEAS, to participate in the 
selection panels in charge of selecting candidates for posts in Delegations. 

The  EUDEL  shall  be  consulted  on  the  candidate  lists  once  they  have  been 
established. 

Article 9 

Appraisal and promotion procedures for Delegation staff shall follow respectively the systems 
in  the  EEAS  and  in  the  Commission.  The  Heads  of  Delegation  shall  provide  a  substantial 
contribution  to  the  appraisal  of  Commission  staff  under  their  authority  while  in  the 
Delegations, in accordance with the procedures and deadlines established by each institution. 

Article 10 

1. 

2. 

3. 

Compulsory pre-posting training shall be proposed for all staff selected to a posting 
in a Delegation. The EEAS and the Commission shall try to coordinate the respective 
schedules. 

The  EEAS  and  the  Commission  Services  shall  take  all  necessary  arrangements  to 
ensure that staff participate in compulsory training for their function and their place 
of posting, including training in financial management for Heads of Delegation. 

The EUDEL shall carry out an annual review of the quality of training initiatives to 
ensure a high standard of the trainings provided. It shall also review the contents of 
the common pre-posting training schedule and make recommendations to ensure that 
it  fulfils  the  strategic  requirements  of  both  the  EEAS  and  the  Commission.  It  shall 
review  the  experience  gained  each  year  and  propose  operational  improvements  for 
implementation the following year. 

Final Provisions 

Article 11 

The present Decision shall enter into force on the day of its adoption. 

Done at Brussels, 

The High Representative of the Union for 
Foreign Affairs and Security Policy 

Catherine ASHTON 

For the Commission 
The President  

José Manuel BARROSO 

  9