CELEX: 52012JC0008
Language: en
Date: 2012-03-28 00:00:00
Title: 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

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		52012JC0008
		
			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 /* JOIN/2012/0008 final */
			
				
		
		
			
			   	 || 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 Service[1]
(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)              
Delegations are an integral part of the EEAS
(Article 1 (4) of the Decision establishing the EEAS).
(4)              
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.
(5)              
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 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. 
Steering Committee for Delegations
Article 2
1.                      
A
Steering Committee for Delegations ('EUDEL') shall be hereby established.
2.                      
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. 
3.                      
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
1.                      
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. 
2.                      
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. 
3.                      
The
EEAS will provide the Secretariat of the EUDEL. 
4.                      
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. 
5.                      
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.
6.                      
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. 
7.                      
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. 
8.                      
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.
9.                      
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.                      
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. 
2.                      
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.
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 resource
(re-)allocations, including the reinforcement, redeployment or withdrawal of
establishment plan posts and/or external personal financed with appropriations;
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.
Tasks of Delegation Staff
Article 5
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. 
2.                      
Job descriptions of EEAS Delegation staff shall
be decided by the EEAS. 
3.                      
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
1.                      
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;
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.
3.                      
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
1.                      
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.
2.                      
The EEAS will seek the agreement of the
Commission prior to the adoption of complete organisation chart of any
Delegation containing Commission posts.
3.                      
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.
4.                      
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. 
5.                      
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
1.                      
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. 
2.                      
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.
3.                      
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.
4.                      
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.                      
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.
2.                      
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.
3.                      
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                                          For the Commission
Foreign Affairs and Security Policy                                                    The
President 
Catherine Ashton                                                                             José
Manuel BARROSO
[1]
      OJ L 201, 03.08.2010, p.38