CELEX: 52014JC0011
Language: en
Date: 2014-03-06
Title: Joint Decision of the Commission and the High Representative of the European Union for Foreign Affairs and Security Policy creating inter-institutional joint committees for certain policies regarding local agents

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		52014JC0011
		
			Joint Decision of the Commission and the High Representative of the European Union for Foreign Affairs and Security Policy creating inter-institutional joint committees for certain policies regarding local agents /* JOIN/2014/011 final */
			
				
		
		
			
			   	Joint Decision of the Commission and
the High Representative of the European Union for Foreign Affairs and Security
Policy
of XXX
creating inter-institutional joint
committees for certain policies regarding local agents
THE
EUROPEAN COMMISSION AND THE HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN
AFFAIRS AND SECURITY POLICY,
Having regard to
the Conditions of Employment of Other Servants of the European Union, and in
particular Articles 120 and 121 thereof,
Having regard to
the opinion of the Staff Committee of the European Commission and to that of
the Staff Committee of the European External Action Service,
Whereas:
(1)              
Pursuant to the Communication to the Commission
of 22 December 2010 on staff management in Union Delegations[1], the
Commission and the European External Action Service (hereinafter: EEAS) closely
coordinate their policies regarding local agents,
(2)              
The Framework Rules laying down the conditions
of employment of local staff serving in non-member countries, adopted by the
Commission on 21 November 1989[2],
(hereinafter: Framework Rules) provide for two joint committees to be consulted
on:
–              
the management of career progress (acceleration
or deferral of an agent's advancement in step);
–              
the adoption of special and exceptional measures
to facilitate the departure of the members of local staff in the event of the
Commission’s activities in non-members countries being cut back or changed in
the interests of the services.
(3)              
The Framework Rules provide for the possibility
of supplementary or independent sickness insurance schemes. The Complementary
Sickness Insurances Scheme of Local Agents (CSISLA) of the Commission and of
the EEAS serving in a third country is funded by contributions of the
Commission and the EEAS as well as of Local Agents. Decisions on the management
of this scheme should, therefore, be taken following consultation of a joint
committee,
(4)              
The need to establish joint committees not only
applies to Commission agents, but equally to those of the EEAS, the latter
needs to establish the joint committees provided for therein. In a spirit of
close coordination and mutual assistance between the Commission and the EEAS
the joint committees already existing at the level of the Commission should be
transformed into inter-institutional joint committees,
(5)              
Commission Decision C(2005) 2665 of 15 July 2005
on improving social dialogue in the Commission through Joint Committees has
laid down a legal framework for the operation of joint committees at the
Commission, which should continue to guide the interpretation of the rules
governing these committees, subject to a number of adaptations provided for in
the new inter-institutional context, in particular regarding the committees'
composition, the quorum required and the voting rights,
HAVE DECIDED AS FOLLOWS:
Article 1
The following
inter-institutional joint committees shall be involved at the central level in
the continuous implementation, follow-up and scrutiny of policies concerning
local staff employed by the Commission or by the EEAS and serving in a third
country:
1.                      
Joint Advisory Committee on career progress of
local agents of the Commission or of the EEAS serving in a third country;
2.                      
Joint Management Committee of the Complementary
Sickness Insurance Scheme of local agents (CSISLA) of the Commission or of the
EEAS serving in a third country;
3.                      
Joint Advisory Committee on social measures in
case of redundancies among local agents of the Commission or of the EEAS
serving in a third country.
The rules
governing the remit, the composition and the functioning of these committees
are laid down in the Annexes I, II and III, which shall form integral parts of
this Decision.
Article 2
The committees
referred to in point 15, 16 and 35 of Annex III to Commission Decision C (2005)
2665 shall be dissolved.
Article 3
This Decision shall
enter into force on the 1st day following its adoption by the Commission and by
the High Representative of the Union for Foreign Affairs and Security Policy.
Done at Brussels,
The High Representative of the Union for                                           For the Commission
Foreign Affairs and Security Policy                                                     Vice-President
of the
                                                                                                             Commission
Catherine Ashton                                                                            Maroš
ŠEFČOVIČ
[1]               SEC (2010) 1622, Section 3.2., Administrative Notice
2-2011.
[2]               Administrative Notices, Special Edition of 22.6.1990.
ANNEX 1
Inter-Institutional Joint Advisory
Committee on Career Progress for Local Agents of the Commission or of the EEAS
serving in a third country
to the
Joint Decision of the Commission
and the High Representative of the European Union for Foreign Affairs and
Security Policy
creating inter-institutional joint
committees for certain policies regarding local agents
Article 1
1.                      
In compliance with the provisions of Article 4,
paragraph 4, of the Framework Rules, the committee shall compare the merits of
the agents eligible for promotion on the basis of the lists of agents proposed
for promotion by the authority empowered to conclude contracts of employment
(hereinafter: AECC), and take into account the complaints lodged against
non-inclusion on the lists. It shall then issue its recommendations regarding
agents to be promoted, addressed to the AECC.
2.                      
In compliance with the provisions of Article 4,
paragraph 3, of the Framework Rules, the committee shall assess whether a
decision on the deferment of the automatic advancement in step of a local agent
is sufficiently justified by the unsatisfactory performance of that local
agent. It shall then issue its recommendations to the AECC.
Article 2
1.                      
The committee shall be composed of a president,
a vice-president, eight members and eight alternates.
2.                      
The president and vice-president shall be
appointed alternately by the AECC of the Commission and by the AECC of the
EEAS.
3.                      
The AECC of the Commission and the AECC of the
EEAS, the Central Staff Committee of the Commission and the Staff Committee of
the EEAS shall each appoint two members and two alternates selected from their
respective staff or members.
4.                      
The terms of office of the president and the
vice-president, members and alternates shall be for one year, starting with the
entry into force of this decision. They shall be deemed to have been renewed,
unless the body responsible for the appointment issues a notification to the
contrary no later than one month before the expiry of the term of office.
5.                      
The term of office of the president and of the
vice-president shall not exceed four years.
6.                      
The body responsible for an appointment may
withdraw the appointee by appointing a successor.
7.                      
The committee shall meet at least once per year.
Article 3
1.                      
The president, or in his or her absence the
vice-president, shall be entitled to vote.
2.                      
Each member, or in his or her absence an
alternate appointed by the same body, shall be entitled to vote.
3.                      
Even when they are not entitled to vote, the
vice-president and alternates may attend committee meetings as silent
observers.
4.                      
The committee decides on its opinions by a
simple majority of those entitled to vote.
5.                      
For the deliberations of the committee to be
valid, the president or vice-president as well as one member or alternate
appointed by each of the bodies referred to in Article 2, paragraph 3, need to
be present.
Article 4
1.                      
The president, the vice-president and the
members and alternates of the committee shall carry out their duties and
conduct themselves with the interests of the European Union in mind and shall
not deal with a matter in which, directly or indirectly, they have any personal
interest such as to impair their independence or to be seen by third parties as
a possible source of impairment of their independence in that matter.
2.                      
If the president, the vice-president or any
member or alternate of the committee has a personal interest in a matter in the
meaning of paragraph 1, he or she shall be replaced by the appropriate
alternate member and refrain from participating in the work of the committee with
regard to that matter. 
3.                      
The assessment of the personal interest is
incumbent on the president or, in his or her absence, on the vice-president,
and, as far as the president or vice-president is concerned, on the AECC of his
or her institution of employment.
Article 5
1.                      
The secretariat of the committee shall be
provided by the division in charge of local staff at the EEAS.
2.                      
The deliberations and documents of the committee
shall be confidential.
Article 6
The committee
shall adopt its rules of procedure by a majority of two thirds of the members
who are entitled to vote. The president and the vice-president shall both be
entitled to vote.
ANNEX 2
Inter-Institutional Joint Management
Committee of the Complementary Sickness Insurance Scheme of Local Agents
(CSISLA) of the Commission or of the EEAS serving in a third country
to the
Joint Decision of the Commission
and the High Representative of the European Union for Foreign Affairs and
Security Policy
creating inter-institutional joint
committees for certain policies regarding local agents
Article 1
The committee
shall
1.                      
Examine the financial situation of the Scheme
and deliver to the administration all useful information or recommendations
regarding the Scheme;
2.                      
Present an annual report on the status of the
Scheme and transmit it to the administration before the 1st of July of each
year;
3.                      
Advise the administration on the level of
contributions and services provided, particularly in case of substantial
changes in the costs of medical services;
4.                      
Advise the administration on ways to apply the
rules for the management of the Scheme, notably as regards all issues directly
or indirectly related to the coverage of medical costs and with a view to
securing the uniform application of the rules;
5.                      
Examine all appeals lodged by local staff
against a decision concerning the sickness insurance Scheme which affects them
adversely.
6.                      
Meet at least twice per year; where possible,
the sessions should be organised in the first and second semester of each year.
Article 2
1.                      
The committee shall be composed of a president,
a vice-president, eight members and eight alternates.
2.                      
The president and vice-president shall be
appointed alternately by the AECC of the Commission and by the AECC of the
EEAS.
3.                      
The AECC of the Commission and the AECC of the
EEAS, the Central Staff Committee of the Commission and the Staff Committee of
the EEAS shall each appoint two members and two alternates selected from their
respective staff or members.
4.                      
The terms of office of the president and the
vice-president, members and alternates shall be for one year, starting with the
entry into force of this decision. They shall be deemed to have been renewed,
unless the body responsible for the appointment issues a notification to the
contrary no later than one month before the expiry of the term of office.
5.                      
The term of office of the president and of the
vice-president shall not exceed four years.
6.                      
The body responsible for an appointment may
withdraw the appointee by appointing a successor.
Article 3
1.                      
The president, or in his or her absence the
vice-president, shall not cast a vote on decisions, except on procedural
matters.
2.                      
Each member, or in his or her absence an alternate
appointed by the same body, shall be entitled to vote.
3.                      
Even when they are not entitled to vote, the
vice-president and alternates may attend committee meetings as silent
observers. 
4.                      
The committee decides on its opinions by a
simple majority of those entitled to vote.
5.                      
For the deliberations of the committee to be
valid, the president or vice-president as well as one member or alternate
appointed by each of the bodies referred to in Article 2, paragraph 3, need to
be present.
Article 4
1.                      
The president, the vice-president and the
members and alternates of the committee shall carry out their duties and
conduct themselves with the interests of the European Union in mind and shall
not deal with a matter in which, directly or indirectly, they have any personal
interest such as to impair their independence or to be seen by third parties as
a possible source of impairment of their independence in that matter.
2.                      
If the president, the vice-president or any
member or alternate of the committee has a personal interest in a matter in the
meaning of paragraph 1, he or she shall be replaced by the appropriate
alternate member and refrain from participating in the work of the committee
with regard to that matter. 
3.                      
The assessment of the personal interest is
incumbent on the president or, in his or her absence, on the vice-president,
and, as far as the president or vice-president is concerned, on the AECC of his
or her institution of employment.
Article 5
1.                      
The secretariat of the committee shall be
provided by the division in charge of local staff at the EEAS. 
2.                      
The deliberations and documents of the committee
shall be treated with confidentiality in line with the general principles of
data protection legislation in the European Union.
Article 6
The committee
shall adopt its rules of procedure by a majority of two thirds of the members
who are entitled to vote. The president and the vice-president shall both be
entitled to vote.
ANNEX 3
Inter-Institutional Joint Advisory
Committee on Social Measures in case of Redundancies among Local Agents of the
Commission or of the EEAS serving in a third country
to the
Joint Decision of the Commission
and the High Representative of the European Union for Foreign Affairs and
Security Policy
creating inter-institutional joint
committees for certain policies regarding local agents
Article 1
The committee
shall be consulted before the implementation of any decision referred to in
Article 18, paragraph 6, of the Framework Rules.
Article 2
1.                      
The committee shall be composed of a president,
a vice-president, eight members and eight alternates.
2.                      
The president and vice-president shall be
appointed alternately by the AECC of the Commission and by the AECC of the
EEAS.
3.                      
The AECC of the Commission and the AECC of the
EEAS, the Central Staff Committee of the Commission and the Staff Committee of
the EEAS shall each appoint two members and two alternates selected from their
respective staff or members.
4.                      
The terms of office of the president and the
vice-president, members and alternates shall be for one year, starting with the
entry into force of this decision. They shall be deemed to have been renewed,
unless the body responsible for the appointment issues a notification to the
contrary no later than one month before the expiry of the term of office.
5.                      
The term of office of the president and of the
vice-president shall not exceed four years.
6.                      
The body responsible for an appointment may
withdraw the appointee by appointing a successor.
Article 3
1.                      
The president, or in his or her absence the
vice-president, shall not cast a vote on decisions, except on procedural
matters.
2.                      
Each member, or in his or her absence an
alternate appointed by the same body, shall be entitled to vote.
3.                      
Even when they are not entitled to vote, the
vice-president and alternates may attend committee meetings as silent
observers.
4.                      
The committee decides on its opinions by a
simple majority of those entitled to vote.
5.                      
For the deliberations of the committee to be
valid, the president or vice-president as well as one member or alternate
appointed by each of the bodies referred to in Article 2, paragraph 3, need to
be present.
Article 4
1.                      
The president, the vice-president and the
members and alternates of the committee shall carry out their duties and
conduct themselves with the interests of the European Union in mind and shall
not deal with a matter in which, directly or indirectly, they have any personal
interest such as to impair their independence or to be seen by third parties as
a possible source of impairment of their independence in that matter.
2.                      
If the president, the vice-president or any
member or alternate of the committee has a personal interest in a matter in the
meaning of paragraph 1, he or she shall be replaced by the appropriate
alternate member and refrain from participating in the work of the committee
with regard to that matter. 
3.                      
The assessment of the personal interest is
incumbent on the president or, in his or her absence, on the vice-president, and,
as far as the president or vice-president is concerned, on the AECC of his or
her institution of employment.
Article 5
1.                      
The secretariat of the committee shall be
provided by the division in charge of local staff at the EEAS. 
2.                      
The deliberations and documents of the committee
shall be confidential.
Article 6
The committee
shall adopt its rules of procedure by a majority of two thirds of the members
who are entitled to vote. The president and the vice-president shall both be
entitled to vote.