Scope
The rules established by this Decision apply to SNEs who fulfil the conditions set out in Article 2 seconded to the Agency and who are experts seconded by participating Member States' public administrations, at national or regional level, in particular Ministries of Defence and/or their agencies, bodies, national defence colleges, research institutes, including those in accordance with Article 11(4)(b) of Decision (CFSP) 2015/1835.
In accordance with Article 11(4)(a) of Decision (CFSP) 2015/1835, experts:
—
from a third country with which the Agency has concluded an administrative arrangement, or
—
from organisations/entities with an Administrative Arrangement with the Agency, provided that the SNE is a national from a Member State or a third country with whom the agency has concluded an administrative arrangement,
shall be seconded or posted, pursuant to Article 26(1) of that Decision, to the Agency with the agreement of the Steering Board, in accordance with the conditions to be laid down in those arrangements.
Conditions for secondment
To qualify for secondment to the Agency, experts shall:
1.
have worked for their employer on a permanent or contract basis for at least 12 months before their secondment;
2.
remain in the service of their employer throughout the period of secondment and continue to be paid by that employer;
3.
have at least three years' full-time experience in defence, administrative, scientific, technical, operational, advisory or supervisory functions relevant to the performance of the duties assigned to them. Before the secondment, the employer shall supply the Agency with a statement of the expert's employment covering the previous 12 months;
4.
be nationals of a participating Member State or falling within the provisions of the second paragraph of Article 1;
5.
have a thorough knowledge of one official language of one of the participating Member States and a satisfactory knowledge of another of these languages for the performance of their duties.
Selection procedure
1. SNEs shall be selected according to an open and transparent procedure decided in accordance with Article 42.
2. Without prejudice to Article 2(4), SNEs shall be seconded to secure for the Agency the services of persons of the highest standards of ability, efficiency, integrity and merit. They shall be seconded on as wide a geographical basis as possible from among nationals of the participating Member States. The participating Member States and the Agency shall cooperate to ensure, as far as possible, a balance between men and women and observe the principle of equal opportunities.
3. A call for the expression of interest shall be sent to the Permanent Representations of the participating Member States, Missions of the third countries, the organisation or entity, as appropriate, and published on the Agency website. The call shall indicate the descriptions of the posts, the selection criteria and the deadline for the submission of applications. Candidates for an SNE post must be sponsored by their national authorities, organisation or entity. Confirmation is required in the form of a letter of sponsorship addressed to the Agency, as far as possible by the closing date for the receipt of applications and in any case not later than the recruitment date.
4. In the case of cost-free SNEs and national experts in professional training (hereinafter referred to as ‘NEPTs’), the Agency may decide that an SNE shall be selected without following the selection procedures set out in paragraphs 1 and 2.
5. The secondment of experts shall be subject to the specific requirements and budgetary capacity of the Agency.
6. The Agency shall create an individual file for the SNE. That file shall contain relevant administrative information.
Administrative procedure for secondment
Secondments shall be implemented by an Exchange of Letters between the Chief Executive of the Agency and the Permanent Representation or Mission of the Member State concerned, the organisation or entity, as appropriate. The place of secondment and the function group to which the SNE is to belong, in an administrators' function group (hereinafter ‘AD’) or an assistants' function group (hereinafter ‘AST’), shall be indicated in the Exchange of Letters. The Exchange of Letters shall also mention the Directorate/Unit to which the SNE is seconded and a detailed description of the tasks the SNE is to carry out. A copy of the rules applicable to SNEs on secondment to the Agency shall be attached to the Exchange of Letters.
Period of secondment
1. The period of secondment shall be a minimum of two months and a maximum of three years. It may be renewed successively up to a total period not exceeding four years.
However, in exceptional cases, at the request of the relevant Director and after prior agreement of the employer, the Chief Executive of the Agency may authorise one or more extensions of the secondment beyond the four-year maximum referred to in the first subparagraph, up to an additional two years.
2. The period of secondment shall be fixed at the outset in the Exchange of Letters provided for in Article 4. The same procedure shall apply in the case of any renewal, extension of the period of secondment or change of post.
3. An SNE who has previously been seconded to the Agency may be seconded again, after consultation with the national administration of origin, provided that the SNE continues to meet the conditions for secondment referred to in Article 2 and within the overall ceiling defined in Article 11(5) of Decision (CFSP) 2015/1835.
Obligations of the employer
Throughout the period of secondment, the SNE's employer shall continue to:
(a)
pay the SNE's salary;
(b)
be responsible for all the SNE's social rights, in particular those concerning social security, insurance and pension; and
(c)
subject to point (d) of Article 10(2), maintain the SNE's administrative status as either a permanent official or a contract staff member and inform the Chief Executive of the Agency of any change in the SNE's administrative status either as a permanent official or as a contract staff member.
Duties
1. SNEs shall assist staff members of the Agency and carry out the tasks and duties assigned to them by the Chief Executive of the Agency.
2. Taking into consideration the composition of the staff of the Agency and, in particular, their role in contributing to the results of the Agency, the Chief Executive may entrust an SNE with management duties if so required in the interests of the service.
In any case, an SNE shall not be able to legally commit the Agency.
3. An SNE may take part in missions and meetings. Nevertheless, the Chief Executive may decide to limit the SNE's participation to missions and meetings only to:
(a)
accompany an Agency staff member; or
(b)
if alone, to attend as an observer or solely for information purposes.
4. The Agency shall retain sole responsibility for approving the results of tasks performed by the SNE.
5. The Agency, the SNE's employer and the SNE shall make every effort to avoid any actual or potential conflict of interest in relation to the SNE's duties during secondment. To that end, the Agency 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 the SNE's family circumstances (in particular the professional activities of close or extended family members, or any important financial interests of their own or of family members) and the proposed duties while on secondment.
The employer and the SNE shall undertake to notify the Agency of any change of circumstances during the secondment which could give rise to any conflict of interest.
6. Where the Agency considers that the nature of the tasks entrusted to the SNE requires particular security precautions, security clearance shall be obtained before the SNE is seconded.
Rights and obligations of SNEs
1. During the period of secondment an SNE shall act with integrity. In particular:
(a)
the SNE shall perform the duties assigned and otherwise behave solely with the interests of the Agency in mind.
In particular, the SNE shall, in the exercise of their duties, not accept any instructions from, nor undertake any activities for, their employer, any government, any other person, private company or public body;
(b)
the SNE shall abstain from any action, and in particular any public expression of opinion, which may reflect on their position at the Agency;
(c)
the SNE shall inform their superior where the SNE, in the performance of their duties, is called upon to give a decision on the handling or outcome of a matter in which the SNE has a personal interest that could impair their independence;
(d)
the SNE shall not, whether alone or together with others, publish or cause to be published any text dealing with the work of the Union without obtaining permission in accordance with the conditions and rules in force at the Agency. Permission shall be refused only where the intended publication is liable to prejudice the interests of the Agency or of the Union;
(e)
all rights in any work done by an SNE in the performance of their duties shall be the property of the Agency;
(f)
the SNE shall reside at the place of secondment or at no greater distance from that place than is compatible with the proper performance of the duties assigned;
(g)
the SNE shall assist and tender advice to the superior to whom they are assigned and shall be responsible to their superior for the performance of the duties entrusted to them.
2. Both during and after the period of secondment, the SNE shall exercise the greatest discretion with regard to all facts and information of which the SNE becomes aware in the course of, or in connection with, the performance of their duties. The SNE shall not in any form whatsoever disclose to any unauthorised person any document or information not already lawfully made public, nor shall the SNE use it for personal gain.
3. At the end of the secondment, the SNE shall continue to be bound by the obligations to act with integrity and discretion in the exercise of new duties and in accepting certain posts or advantages.
To that end, in the three years following the period of secondment the SNE shall immediately inform the Agency of any duties or tasks which are likely to give rise to a conflict of interest in relation to the tasks carried out by the SNE during the period of secondment.
4. The SNE shall be subject to the security rules in force at the Agency, including data protection rules and the Agency network protection rules. The SNE shall also be subject to the rules governing the protection of the Agency's financial interests.
5. Failure to comply with the provisions of paragraphs 1, 2 and 4 of this Article during the period of secondment shall entitle the Agency to terminate the secondment of an SNE in accordance with point (c) of Article 10(2).
6. The SNE shall immediately notify the SNE's superior in writing if in the course of the secondment the SNE becomes aware of facts which give rise to a presumption of the existence of:
(a)
possible illegal activity, including fraud or corruption, detrimental to the interests of the Agency; or
(b)
conduct relating to the discharge of professional duties which may constitute a serious failure to comply with the obligations of staff members of the Agency or of SNEs.
This paragraph shall also apply in the event of serious failure to comply with a similar obligation on the part of a staff member or any other person in the service of, or carrying out work for, an institution of the Union.
7. Where the superior receives notification as referred to in paragraph 6 of this Article, the superior shall take the measures provided for in Article 27 of Council Decision (EU) 2016/1351 ( 3 ) (hereinafter referred to as ‘the Staff Regulations of the Agency’). Articles 27, 28 and 29 of the Staff Regulations of the Agency shall apply to the superior under the terms of Article 4 of this Decision. Those provisions shall also apply mutatis mutandis to the SNE concerned, to ensure that the SNE's rights are respected.
Suspension of secondment
1. At the written request of the SNE or the employer, and with the latter's agreement, the Agency may authorise suspensions of secondment and specify the terms applicable. During a suspension:
(a)
the allowances referred to in Article 19 shall not be payable;
(b)
the expenses referred to in Article 20 shall be payable only if the suspension is at the Agency's request.
2. The Agency shall inform the employer and the Permanent Representation or Mission of the State concerned.
Termination of periods of secondment
1. Subject to paragraph 2, secondment may be terminated at the request of the Agency 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 period of notice is given and subject to the employer's and the Agency's agreement.
2. In certain exceptional circumstances the secondment may be terminated without notice:
(a)
by the SNE's employer, if the employer's essential interests so require;
(b)
by mutual agreement between the Agency and the employer, at the request of the SNE to both parties, if the SNE's essential personal or professional interests so require;
(c)
by the Agency in the event of major non-compliance with the obligations set out in this Decision by the SNE. The Agency shall confer with the Permanent Representation or Mission of the State concerned and take into account any comments received in view of its decision;
(d)
by the Agency in the event of the termination of, or change in, the SNE's administrative status as either a permanent official or a contract staff member of the employer. The SNE shall first be given an opportunity to submit observations.
3. In the event of termination under point (c) of paragraph 2, the Agency shall immediately consult the employer and the Permanent Representation or Mission of the State concerned.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
