title: Decision (EU) 2016/3 of the European Central Bank of 18 November 2015 laying down the principles for providing feedback on the performance of national competent authorities' sub-coordinators in the joint supervisory teams of the Single Supervisory Mechanism (ECB/2015/36)

text:
               5.1.2016

               EN

               Official Journal of the European Union

               L 1/4

         DECISION (EU) 2016/3 OF THE EUROPEAN CENTRAL BANK
   of 18 November 2015
   laying down the principles for providing feedback on the performance of national competent authorities' sub-coordinators in the joint supervisory teams of the Single Supervisory Mechanism (ECB/2015/36)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular Article 6(1) and (7) thereof,
   Whereas:

               (1)

               Article 6(1) of Regulation (EU) No 1024/2013 (hereinafter the ‘SSM Regulation’) stipulates that the European Central Bank (ECB) is responsible for the effective and consistent functioning of the Single Supervisory Mechanism (SSM). Recital 79 of the SSM Regulation states that highly motivated, well-trained and impartial staff is indispensable to effective supervision.

               (2)

               In accordance with Articles 3 to 6 of Regulation (EU) No 468/2014 of the European Central Bank (2) (hereinafter, the ‘SSM Framework Regulation’), the ECB is in charge of the establishment and composition of joint supervisory teams (JSTs) composed of staff members from the ECB and from the national competent authorities (NCAs). The JST coordinator, assisted by NCA sub-coordinator(s), ensures the coordination of the work within the JST.

               (3)

               In view of the NCA sub-coordinators' important role in coordinating the JST members from their NCA, it is necessary and proportionate to introduce a uniform process for the provision of performance feedback on NCA sub-coordinators in JSTs. By assisting with the continuous improvement of the NCA sub-coordinators' performance, the SSM performance feedback helps to ensure the proper functioning of JSTs. The SSM performance feedback initially takes the form of a field test that is limited in time. Based on the experience gained during the field test, a more comprehensive implementation of the SSM performance feedback mechanism will be considered. NCAs and the ECB are solely responsible for the performance appraisal of their staff. NCAs may use the feedback provided in accordance with this Decision in the day-to-day management of their staff members, and it may serve as input into the internal appraisal systems of the NCAs, if allowed under the relevant national law.

               (4)

               Recognising that performance feedback is necessary for the management of JSTs, the European Data Protection Supervisor has endorsed the SSM performance feedback mechanism, subject to the condition that the precise operation of the performance mechanism is defined in a legal instrument adopted at the appropriate level,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision, the definitions contained in Article 2 of the SSM Regulation and Article 2 of the SSM Framework Regulation shall apply.
   Article 2
   SSM performance feedback
   1.   NCA sub-coordinators in JSTs shall receive feedback on their own and their team's performance in carrying out their tasks in the JST, subject to and in accordance with the principles set out in Annex I.
   2.   Following the setting of the NCA sub-coordinators' main tasks and objectives, the feedback shall be provided with regard to the feedback cycle that starts on the day of the entry into force of this Decision as referred to in Article 3 and ends on 29 February 2016.
   Article 3
   Entry into force
   This Decision shall enter into force on 20 November 2015.

      Done at Frankfurt am Main, 18 November 2015.

            For the Governing Council of the ECB

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 287, 29.10.2013, p. 63.

      (2)  Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation) (ECB/2014/17) (OJ L 141, 14.5.2014, p.1).

      ANNEX I

         Principles for providing feedback on the performance of NCA sub-coordinators in joint supervisory teams of the Single Supervisory Mechanism

         (SSM performance feedback)

         Principle 1

         Scope of the SSM performance feedback

      NCA sub-coordinators in JSTs will be subject to SSM performance feedback, provided that they work in a JST on the basis of at least 25 % of a full-time equivalent position as defined in the employment framework of the relevant NCA.

         Principle 2

         Purpose of the SSM performance feedback

      In order to ensure and improve the functioning of the SSM as a whole, the SSM performance feedback will recognise and assess the NCA sub-coordinators' performance when carrying out their tasks, with a view to further developing their understanding of the objectives and competencies common to the SSM, and thereby fostering motivation among team members.

         Principle 3

         SSM performance feedback process for NCA sub-coordinators

                  1.

                  At the beginning of the feedback cycle, the JST coordinator, after consultation with the NCA sub-coordinator, sets the main tasks and objectives for the NCA sub-coordinator referred to under Principle 1. The main tasks and objectives will be recorded in the SSM feedback form.

                  2.

                  The JST coordinator is to provide each NCA sub-coordinator referred to under Principle 1 with ongoing guidance and informal feedback throughout the feedback cycle. Once the feedback cycle is completed, the JST coordinator will provide each NCA sub-coordinator referred to under Principle 1 with end-of-cycle feedback, both orally and in writing in the SSM feedback form.

                  3.

                  Both the ongoing and the end-of-cycle feedback will take into account the NCA sub-coordinators' main tasks and objectives, as recorded in the SSM feedback form, the SSM competencies set out in Annex II and their team's contribution to the overall functioning of the JST.

         Principle 4

         Access to the SSM performance feedback

                  1.

                  The end-of cycle performance feedback for NCA sub-coordinators in a JST may be made accessible to, and may be used by the relevant NCA for the purpose of facilitating the NCA's regular management of its staff, if allowed by the applicable national laws.

                  2.

                  NCAs may choose to use the SSM performance feedback as additional input to their internal performance appraisal systems, if allowed by the applicable national laws.

                  3.

                  Access to the SSM performance feedback, including its transfer, will be granted to NCAs in accordance with Article 8(a) of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1).

         Principle 5

         Protection of personal data processed in the context of the SSM performance feedback

                  1.

                  The SSM performance feedback data will be processed by the ECB in accordance with Regulation (EC) No 45/2001.

                  2.

                  The performance feedback data is to be used exclusively for the purposes described under Principles 2 and 4 and the data is to be stored for a maximum period of five years.

         (1)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001 p. 1).

      ANNEX II

         LIST OF SSM COMPETENCIES

            Professional knowledge
         : Knowledge of supervisory policies, methodologies and regulations, especially in the SSM context, as well as of the functioning of financial institutions. Keeps abreast of developments in those fields and applies the knowledge to the relevant areas of work.

            Communication
         : Conveying information clearly and concisely to groups or individuals, either verbally or in writing, to ensure that they understand the information and the message. Listening and responding appropriately to others.

            Cooperation and collaboration
         : Building and maintaining on-going, collaborative, working relationships with co-workers to achieve the European goals of the team. Developing and maintaining effective relationships with others in order to encourage and support teamwork. Proactively sharing data, information and knowledge within the team.

            Determination in achieving objectives
         : Performing tasks with tenacity and perseverance, pursuing successful solutions while adapting own behaviour to find a suitable approach to reach a successful outcome.

            Judgement and intrusiveness
         : Analysing and assessing situations, data and information in order to develop appropriate strategies, plans and policies. Understanding and formulating different and opposing perspectives on an issue, if needed, adapting approaches as the requirements of a situation change, considering problems from new perspectives and expanding on the thinking or solutions proposed by others. Attempting to fully understand issues prior to making a recommendation or reaching a conclusion, while gathering full and exact information as necessary, arriving at a sound judgement by respectfully asking a series of intrusive questions and continuously scanning for potential issues and information.

            Breadth of awareness and being forward-looking
         : Looking beyond the own role to establish the wider context in which one operates, by having a full understanding of the different functions/areas, by showing awareness of diverse cultural contexts and points of view, and by assessing the implications of own decisions on others. Looking ahead and anticipating opportunities and threats in the future, taking action to create opportunities or to avert a future issue.

            Acting objectively with integrity and independence
         : Acting independently and objectively, in the interest of the Union as a whole, on the basis of the professional standards of the SSM, verifying circumstances to get a complete and realistic picture of a situation. Striving to reduce or eliminate biases, prejudices or subjective evaluations by relying on verifiable data and facts.

            Managing SSM teams (applicable to managers only)
         : Directing (virtual/remote) teams and guiding them towards the team objectives. Coordinating team activities across boundaries, by providing direction and by using their competencies and diversity in the most effective and efficient way. Working to reduce and cope with ambiguity and finding ways to direct and deliver in uncertain circumstances.


Avis juridique important

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31998D2179

Decision No 2179/98/EC of the European Parliament and of the Council of 24 September 1998 on the review of the European Community programme of policy and action in relation to the environment and sustainable development 'Towards sustainability"

Official Journal L 275 , 10/10/1998 P. 0001 - 0013

DECISION No 2179/98/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 September 1998 on the review of the European Community programme of policy and action in relation to the environment and sustainable development 'Towards sustainability` THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 130s(3) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Having regard to the opinion of the Committee of the Regions (3),Acting in accordance with the procedure laid down in Article 189b of the Treaty (4), in the light of the joint text approved by the Conciliation Committee on 29 June 1998,(1) Whereas on 18 March 1992 the Commission adopted the European Community programme of policy and action in relation to the environment and sustainable development 'Towards sustainability` (hereinafter referred to as 'the Programme`);(2) Whereas the European Parliament, in its resolution of 17 November 1992 (5), welcomed the guidelines set out in the Programme;(3) Whereas the Economic and Social Committee, in its opinion of 1 July 1992, approved the concepts and the thrust of the Programme;(4) Whereas the Council and the representatives of the Governments of the Member States, meeting within the Council, in their resolution of 1 February 1993 (6), approved the general approach and strategy of the Programme;(5) Whereas, while many of the measures and actions in the Programme are set within a time-frame which extends to the year 2000, the Programme provides for a review to be undertaken before the end of 1995;(6) Whereas a number of developments with a bearing on sustainable development have occurred since the adoption of the Programme, in particular the adoption of Agenda 21 on the outcome of the United Nations Conference on Environment and Development, and the adoption by the Commission of a White Paper on growth, competitiveness and employment;(7) Whereas the review should also reflect the commitments entered into and the conclusions adopted as part of various international processes;(8) Whereas one of the objectives of Community policy on the environment, under Article 130r of the Treaty, is the protection of human health;(9) Whereas the enlargement of the European Union to include the three new Member States, Austria, Finland and Sweden, poses new environmental challenges to the Union; whereas the Community has committed itself to reviewing certain provisions of its legislation in the environmental field by the end of the transitional period in accordance with the Act concerning the conditions of accession of Austria, Finland and Sweden, in the light of the stricter standards that can be maintained in the new Member States in accordance with the Treaty, and emphasising the great importance of promoting a high level of health, safety and environmental protection as part of Community action;(10) Whereas extensive consultation has taken place in the review process carried out by the Commission to compile information on progress to date and obstacles to the implementation of the Programme;(11) Whereas on 10 November 1995 the European Environment Agency presented an updated state of the environment report as a contribution to the review process which made it clear that, without additional measures, the 1992 aims for the year 2000 will not be attained in certain sectors;(12) Whereas in January 1996 the Commission presented a progress report on the implementation of the Programme;(13) Whereas the overall strategy, objectives and indicative actions of the original Programme remain valid and the Programme constitutes an appropriate point of departure for the implementation of Agenda 21 by the Community and the Member States;(14) Whereas the basic strategy of the Programme is to achieve full integration of environmental and other relevant policies through the active participation of the main actors in society in a broadening and deepening of the range of instruments to achieve behavioural change;(15) Whereas the conclusions of the progress report show that progress has been made on a number of issues, but that a great deal remains to be done to move towards sustainability;(16) Whereas the progress report identifies key priorities needed to ensure that the process of sustainable development is given greater impetus; whereas the Community should step up its efforts on five key priorities and five other issues to support the implementation of the Programme;(17) Whereas the objectives, targets, actions and time-frames indicated in the Programme constitute a useful start in moving towards sustainable development; whereas action needs to be stepped up to ensure that the priorities set out in the programme are put into practice in a more effective way; whereas sustainability of activity and development will not be attained during the life-span of this programme and, consequently, further and still more progressive priority objectives and measures will be necessary beyond the year 2000 to maintain the momentum of Community action;(18) Whereas, in implementing its general action programme, the Community will act within the limits of its powers; whereas, in their resolution dated 1 February 1993, the Council and the representatives of the Governments of the Member States invited the Commission to come forward with appropriate proposals to give effect to the programme in so far as it pertains to action at Community level;(19) Whereas this Decision is without prejudice to the legal basis for the measures which, while complying with the objectives of the actions provided for in this Decision, are adopted in the framework of environmental policy and of other Community policies;(20) Whereas the further integration of environmental protection requirements into other policy areas is regarded as a key means of achieving sustainable development; whereas, in the process of implementing the approach set out in the Programme, the need to integrate environmental considerations into Community policy and action should be translated into more operational terms; whereas, to this end, in relation to the target sectors of agriculture, transport, energy, industry and tourism a number of priorities have been identified in connection with which action can be carried out most effectively at Community level;(21) Whereas broadening the range of instruments has proved more difficult than envisaged; whereas the development and implementation of other instruments to complement legislation is necessary to bring about substantial changes towards sustainable development in current trends and practices, taking account of the subsidiarity principle; whereas this requires the further development at an appropriate level of effective market-based and other economic instruments and of horizontal instruments, and the improved use of the Community's own financial support mechanisms as a means of promoting sustainable development; whereas the Commission has put forward proposals for reform of the common agricultural policy which envisage, in particular, increased financial incentives for agri-environmental measures and the possibility for Member States to take appropriate steps to ensure compliance with the environmental provisions of the common market organisations;(22) Whereas it is necessary to ensure better implementation and enforcement of environmental measures, which requires action at all levels of the regulatory chain;(23) Whereas communication, information, education and training are crucial as a means of stimulating environmental awareness and promoting behavioural changes in all sections of society;(24) Whereas the Community has an important role to play in international action on the environment and sustainable development; whereas there is a need to respond to international challenges, in particular the potential accession of the associated countries of central and eastern Europe and of Cyprus, the need to increase cooperation with the Mediterranean countries and the countries of the Baltic Sea region, the need to carry on the process initiated by the United Nations Conference on Environment and Development and discussions on trade and the environment;(25) Whereas further efforts are necessary to improve the basis for environmental policy in the form of reliable and comparable data, statistics and indicators and methods of assessing the costs and benefits of action or lack of action;(26) Whereas it is necessary further to develop approaches to promote sustainable patterns of production and consumption; whereas it is necessary to promote the best use of new techniques and technologies;(27) Whereas it is necessary further to develop the concept of shared responsibility, in particular by strengthening dialogue with the actors concerned and their involvement in the preparation of Community policies and actions;(28) Whereas there is potential for Community support to provide more coherent and coordinated approaches in relation to activities at local and regional levels on issues fundamental to the achievement of sustainable development and to stimulate exchanges of information and experience;(29) Whereas the Community will further develop its policies in relation to the environmental themes covered by the Programme on the basis of high standards of environmental protection; whereas specific attention will be given to those actions which can be carried out most effectively at Community level,HAVE DECIDED AS FOLLOWS:Article 1 The Community confirms its commitment to the general approach and strategy of the Programme 'Towards Sustainability` adopted by the Commission on 18 March 1992, welcomed in the resolution of the European Parliament of 17 November 1992 and approved by the resolution of the Council and the representatives of the Governments of the Member States, meeting within the Council, of 1 February 1993. Community institutions, Member States, enterprises and citizens are encouraged to accept their respective responsibilities to play their full part in the continuing implementation of the Programme and to seek to speed up the process.In order to speed up the achievement of the Programme's objectives and to ensure the more efficient implementation of its approach, taking into account the Commission's progress report on the implementation of the Programme as well as the updated state of the environment report presented by the European Environment Agency, the Community will, while aiming at a high level of protection and taking into account the diversity of situations in the various regions of the Community, step up its efforts on five key priorities and five other issues as being those which will give an additional impetus to the implementation of the Programme.Notwithstanding these specific priorities, the Community will actively pursue all other action initiated under the Programme.In implementing the Programme, the Community will act within the limits of its powers. This Decision shall be without prejudice to the legal basis for the measures which, while complying with the objectives of the actions provided for by this Decision, are adopted in the framework of environmental policy and of other Community policies.At the end of the Programme, the Commission will submit to the European Parliament and the Council a global assessment of the implementation of the Programme, giving special attention to any revision and updating of objectives and priorities which may be required, and accompanied, where appropriate, by proposals for the priority objectives and measures that will be necessary beyond the year 2000.SECTION 1 KEY PRIORITIES Article 2 Integration of environmental requirements into other policies The Community will develop improved and more consistent approaches to the integration of environmental protection requirements into other policy areas, with a view to facilitating the process of moving towards sustainable development.To this end, in relation to the sectors targeted under the Programme the Community will focus on the following priorities in connection with which action can be carried out most effectively at Community level.1. In relation to agriculture, the priority objectives of the Community shall be:(a) better to integrate market, rural development and environmental policies with a view to securing sustainable agriculture, notably in the framework of the reform process launched by the Commission's Agenda 2000 proposals, by:- integrating environmental considerations into agricultural policy-making and taking appropriate steps to ensure that specific environmental objectives are achieved pursuant to the process of the reform of the common agricultural policy,- considering the scope for the incorporation of additional environmental considerations into agricultural policies.All measures should include appropriate monitoring, reporting and evaluation obligations;(b) to provide for regular reporting and the generation of comparable data on the pressures and effects on the environment, including biodiversity, of agricultural practices, such as fertiliser and pesticide use, and data on water quality and use and land use;(c) to promote sustainable farming, including integrated farm technologies, organic agriculture and, where appropriate, extensive production methods (which, for example, respect biodiversity) in close cooperation with the actors concerned. The Community will continue to encourage the development of local initiatives and disseminate information on them;(d) further to develop an integrated strategy to reduce the risks to health and the environment from the use of plant protection products and pesticides, including more detailed provisions on the distribution and sales of these substances and restrictions on use and, where appropriate, substitution of the most dangerous plant protection products and pesticides;(e) further to develop comprehensive approaches to rural development, taking account of environmental considerations, including the conservation of biological diversity, for example by monitoring and coordinating the various policy instruments concerned;(f) to consider measures for internalising environmental costs in the cost of agricultural products and production processes.The Community will promote better coordination and coherence of actions and policies affecting forests, with a view to facilitating their management (including afforestation and protection from forest fires), conservation and sustainable development and responding to international developments concerning forests.2. In relation to transport, the priority objectives of the Community shall be:(a) further to tighten provisions on emissions and noise from road and off-road vehicles and, taking due account of developments in the relevant international forums, from aircraft, as well as on fuel quality, to develop action to reduce CO2 emissions from road vehicles, notably by promoting the use of fuel-efficient vehicles and low-emission technologies, and to strengthen Community provisions on vehicle inspection and maintenance;(b) to give greater attention to the factors determining transport demand, while taking account of the diversity of situations in the various regions of the Community, by:- developing and promoting measures to achieve better internalisation of external costs in transport prices, in particular for less environmentally-friendly modes of transport, as a prerequisite for influencing user choices in order to arrive at a more sustainable level of transport demand,- promoting a more integrated transport policy, including improvements in the economic efficiency of the transport sector and improvements in environmental, safety and accessibility aspects, inter alia by promoting better integration of land-use and transport planning and promoting demand-management measures, such as the use of telematics;(c) to pursue its aims of reducing the imbalances between the different transport modes and encouraging the more environmentally friendly modes of transport, in particular by:- developing potential methods of analysis with a view to strategic evaluation of the environmental impact of the trans-European transport network as well as potential methods of corridor analysis covering all relevant transport modes, taking account of the need to link all Member States and regions to the trans-European transport network and, in particular, the need to link island, landlocked and peripheral regions with the central regions of the Community,- investigating possibilities for the use of Community funding to promote a better balance between transport modes by facilitating transport intermodality and appropriate modal shifts,- developing a framework for solving the environmental problems caused by heavy goods vehicle traffic,- promoting the use of more environmentally friendly modes of transport, for example by encouraging public and/or collective transport and low-emission vehicles.3. In relation to energy, the priority objectives of the Community shall be:(a) to promote energy efficiency and the rational use of energy and to support the development and application of energy-saving technologies and practices, including renewable energy sources and combined heat and power, by means of appropriate programmes and measures, awareness-raising and information measures, and to develop criteria for the screening of subsidy schemes in order to offset the adverse impact of certain incentives;(b) to encourage the implementation of energy demand side management measures, including energy conservation measures, the internalisation of external costs and benefits through economic instruments and other means, and the improved coordination of consumer awareness initiatives in Community energy-saving programmes;(c) to strengthen energy efficiency standards for appliances and to provide for their energy efficiency labelling.4. In relation to industry, the priority objectives of the Community shall be:(a) to promote the ongoing development of eco-management schemes by the industrial sector and to develop programmes for the further promotion of environmental awareness on the part of industry, including, in particular, small and medium-sized enterprises (SMEs), as well as for vocational training and technical support; to review the Environmental Management and Audit Scheme;(b) to develop a framework for an integrated, life-cycle orientated product policy, which will address, inter alia, the further development of life-cycle analysis, including the reduction of waste generated, and will take into account implications for the internal market, in order to promote the development of cleaner products by incorporating environmental considerations into their design and minimising the use of persistent organic substances, heavy metals and substances with an irreversible impact on health;(c) to improve the legislation and other instruments in relation to coherent and comprehensive control of pollution from industrial installations, to develop options for a framework to complement integrated pollution control for smaller installations, taking into account their particular problems, and to encourage better integration of external costs;(d) taking note of the European Parliament resolution of 14 May 1997 (7) and the Council resolution of 7 October 1997 (8), both concerning the implementation and enforcement of Community environmental law, to take steps to improve implementation and sanctioning of all regulatory measures aimed at reducing industrial emissions and pollution by ensuring improved integration of the 'polluter pays` principle into Community legislation; in this connection, the European Parliament and the Council note that the Commission will submit a White Paper on environmental liability;(e) to develop actions in order to enhance the awareness of industry on environmental issues, such as tools for better business information, including information on best available techniques, inter alia through the use of EuroBAT documents, improved dissemination of cleaner technologies and promotion of best environmental practices;(f) to clarify the definition of eco-businesses and to facilitate their development;(g) to give priority to the problems of SMEs as regards technical and financial obstacles to the development and use of clean technology in relation to the environment;(h) to promote effective control and, where viable environmentally friendly alternatives exist, the phasing-out or banning of persistent organic pollutants (POPs), which have a damaging effect on the environment or health, taking account of progress in relevant international negotiations;(i) to develop and give practical form to policies aimed at sustainable industrial development, involving the formulation of the concept of eco-efficiency and a focus on partnerships between governments and industry, using industry's capacity for innovation and appropriate incentives and stimulating conditions, on both the demand and the supply side.5. In relation to tourism, the priority objectives of the Community shall be:(a) to provide for regular exchanges of information on the impact on the environment of tourism practices;(b) to support awareness campaigns in order to promote environment-friendly use of tourism resources;(c) to promote the implementation of innovative good practices in the field of sustainable tourism development, including by means of pilot projects in the framework of existing financial instruments and by applying the 'polluter pays` principle;(d) to ensure that the Structural Funds contribute to sustainable forms of tourism in accordance with:- the requirements of the Structural Fund regulations, including any provisions for the appraisal of the environmental impact of operations, and- any other relevant Community legislation, such as measures concerning Environmental Impact Assessment (EIA);(e) to promote the incorporation of the issue of 'environment and tourism`, where appropriate, into international agreements.Article 3 Broadening the range of instruments The Community will develop, apply or otherwise encourage a broader mix of instruments in order to bring about substantial changes in current trends and practices in sustainable development, taking account of the subsidiarity principle.1. In relation to the development, at an appropriate level, of effective market-based and other economic instruments as a means of implementing policy, special attention will be given to:(a) environmental accounting;(b) examining constraints on the introduction of economic instruments and identifying possible solutions;(c) the use of environmental charges;(d) identifying subsidy schemes which adversely affect sustainable production and consumption practices with a view to their reform;(e) encouraging the application of the concept of environmental liability at Member State level;(f) voluntary agreements which pursue environmental objectives while respecting competition rules;(g) encouraging the use of fiscal instruments to achieve environmental objectives, inter alia by considering possible legislative initiatives in this area during the course of the Programme and continuing the study of the potential wider benefits of such instruments, notably in the context of the general economic objectives of the Community, such as employment, competitiveness and growth.2. In relation to horizontal instruments, the priority objectives of the Community shall be:(a) to examine, inter alia in the light of the Commission proposal of 25 March 1997 on the assessment of the effect of certain plans and programmes on the environment (9), how the environmental impact of policies, plans and programmes in the Community and, where relevant, Commission proposals for programmes and Community legislation can be assessed;(b) to develop approaches to environmental impact assessment for plans and programmes, and to promote the development of methodologies, training and guidance material for assessments of both projects and plans and programmes;(c) to consider the extension of the Environmental Management and Audit Scheme to areas of activity other than manufacturing industry;(d) where appropriate, to promote standardisation in relation to environmental issues and to strengthen the integration of environmental aspects in the framing of industrial standards;(e) to develop criteria to assess the compatibility of existing Community policies and instruments, including financing, with the requirements of sustainable development;(f) to review the Community's public procurement rules so as better to incorporate environmental considerations into their application, while safeguarding fair competition.3. Priority will be given to improving the use of the Community's own financial support mechanisms as a means of promoting sustainable development. This implies better integration of environmental considerations, including the protection of nature, and an evaluation of the impact of these mechanisms on the environment as a means of improving the quality of support action from an environmental and economic point of view.4. The Community will pursue its current efforts to ensure the full realisation of the potential that new techniques and technologies offer in terms of sustainability in sectors such as agriculture, food processing, chemicals and pharmaceuticals, environmental clean-up and the development of new materials and energy sources.Article 4 Implementation and enforcement of legislation The Community will step up efforts at all levels with a view to ensuring better implementation and enforcement of environmental legislation.The priority objectives of the Community shall be:(a) to improve the legal framework for environmental policy by adopting more coherent, comprehensive and integrated approaches to specific sectors, where appropriate by simplifying legislative and administrative procedures and by using framework directives, and by giving specific attention to the transposability and enforceability of the measures to be adopted;(b) to step up efforts to ensure that Member States comply more effectively with the reporting requirements under Community legislation, inter alia by better rationalisation and standardisation of such requirements, to make greater use of these reports as a tool in the decision-making process, and to step up the work done in the management committees on these issues;(c) to aim to enhance the effectiveness of cooperation between the authorities in the Member States responsible for implementation and enforcement of Community environmental legislation, inter alia via the network of environmental inspectors; in this context, to seek to achieve greater transparency as regards supervision and enforcement efforts in the individual Member States, and to step up joint cooperation efforts via the same network by means of pilot projects and exercises on the ground;(d) to examine options to enhance the effectiveness of environment inspection in Europe on the basis of a report to be presented by the Commission before the end of the Programme and which will assess, in particular, the feasibility of establishing common inspection criteria on the basis of minimum inspection standards; the Commission will publish an annual report on the environment, detailing inter alia the performance of the Member States in implementing and enforcing Community environmental legislation;(e) to consider means of facilitating greater public involvement in the implementation and enforcement of environmental policies, and to examine whether there is a need for improved access to justice, having regard to the principle of subsidiarity and taking into account the differing legal systems of the Member States;(f) to encourage, in connection with proposals for the review of existing legislative acts and in proposals for new environmental legislation, provisions requiring Member States to enforce environmental rules and lay down the penalties to be imposed if such rules are breached;(g) to speed up efforts, at Community and Member State level, to deal effectively with breaches of Community environmental legislation in accordance with the Treaty, in particular Articles 155 and 171 thereof.Article 5 Awareness-raising The Community emphasises the importance of communication, information, education and training as a means of stimulating awareness of sustainable development issues and promoting behavioural changes in all sectors of society. It will increase its efforts to make Community citizens more aware of and more informed about sustainable development issues.The priority objectives of the Community shall be:(a) to make information on the state of the environment and on the implementation of Community environmental legislation accessible;(b) to promote the integration of the sustainable development concept into Community education and training programmes;(c) to encourage environmental education and training at all relevant levels, inter alia in order to contribute to changing individual behaviour toward more sustainable patterns;(d) to make optimum use of the system for the evaluation and appropriate dissemination on a continuous basis of the results of LIFE projects, both in the area of nature protection and in other areas of the environment;(e) to collect and disseminate widely information and knowledge concerning the link between the state of the environment and human health;(f) further to promote green housekeeping for the Community's own institutions, and to facilitate the exchange of best practices and access to and dissemination of information in this area as widely as possible;(g) to promote close cooperation between the Commission and the Member States in the field of environmental communication and information; to develop a Community communication strategy in cooperation with the Member States, inter alia by taking advantage of existing cooperation initiatives;(h) to help consumers take environmental considerations into account through eco-labelling and the provision of environmental information on products, including chemicals;(i) to encourage providers of financial services, such as banks and insurance companies, to integrate environmental considerations in their operations.Article 6 International cooperation In recognition of the cross-border nature of serious environmental problems and of the good prospects the Community has of becoming the driving force in the further development of international environmental rules, the Community will seek to strengthen its role and take the lead, in particular as regards the international obligations which it has entered into under conventions and protocols.This implies, in particular, strengthening its approach to cooperation with the countries of central and eastern Europe and the Mediterranean and enhancing its role in relation to environmental issues as identified in Agenda 21 and in relation to bilateral and multilateral cooperation on sustainable development issues.The Community must ensure that it is a driving force in future work relating to the Biodiversity and Climate Conventions and that it also takes the lead in international efforts to establish a global, legally binding regulatory system for persistent organic pollutants (POPs).1. In relation to central and eastern Europe, the priority objectives of the Community shall be:(a) to develop further a comprehensive approach to environmental matters in the context of the strategy to prepare the associated countries of central and eastern Europe for accession; the Community undertakes, with the aid of technical and administrative cooperation and financial support, to help the applicant countries achieve the required level of environmental protection at the time of their accession; in this connection, higher priority is to be given to the drawing-up and implementation of environmental action plans for each of the countries with a view to their possible accession;(b) to continue cooperation with and promote cooperation among the countries of central and eastern Europe in this area, within the framework provided by the Europe Agreements. This implies strengthening cooperation in the field of capacity-building, continuing to provide financial cooperation, comprising technical assistance especially in connection with the approximation of laws and their implementation and enforcement, investment support for environmental infrastructure and cooperation to promote better environmental practice, including by means of technology transfer.2. In relation to the Mediterranean countries and the Mediterranean Basin, the priority objectives of the Community shall be:(a) to develop, within the framework of the Barcelona Declaration of November 1995, a regional approach through regular dialogue, inter alia by means of ministerial conferences, and increased and improved cooperation, in particular in relation to financial and technical assistance;(b) to establish a short and medium-term priority action programme in relation to the Mediterranean Basin and to develop a monitoring mechanism for its implementation.3. In relation to the Baltic Sea region, the priority objectives of the Community shall be to strengthen environmental cooperation in the area within the existing regional frameworks and to enhance the coordination of the relevant funds in order to support the Helsinki Commission (Helcom) activities and, in particular, the implementation of the Joint Comprehensive Environmental Programme (JCP).4. In relation to the Rio process, the priority objectives of the Community shall be to ensure active Community participation in the process and in the follow-up to the 1997 Special Session of the UN General Assembly, and inter alia to contribute to:(a) the strengthening of the Framework Convention on Climate Change in accordance with the Berlin mandate and subsequent decisions;(b) the development of the Convention on Biological Diversity, including the promotion of national implementation strategies and the timely development of a biosafety protocol;(c) the strengthening of international cooperation in the context of the Convention to Combat Desertification.5. In relation to other international environmental issues, the priority objectives of the Community shall be:(a) to carry out a policy review related to the integration of the sustainable development dimension in the implementation of the Fourth ACP-EC Convention; to evaluate Community development assistance overall to ensure that environmental appraisal systems are being followed;(b) to strengthen the environmental component in cooperation with the Newly Independent States, in particular focusing on capacity-building and technical assistance under the TACIS Programme;(c) to strengthen the environmental component of cooperation with the countries of Asia and Latin America in accordance with Council Regulation (EEC) No 443/92 of 25 February 1992 on financial and technical assistance to, and economic cooperation with, the developing countries in Asia and Latin America (10) and with general guidelines for cooperation between the Community and the regions concerned;(d) to promote active participation in regional conferences and treaties in Europe and the 'Environment for Europe process`;(e) to support international work in the field of sustainable development indicators;(f) to work towards the strengthening of provisions on enforcement and dispute settlement when international agreements come up for revision;(g) to take an active part in negotiations on the adoption of a legally binding instrument establishing a prior informed consent procedure covering trade in certain hazardous chemicals and pesticides.6. In relation to trade and the environment, the priority objectives of the Community shall be:(a) to seek to ensure that the WTO rules, provisions and procedures take full account of the need to promote a high level of environmental protection, in particular as regards the general provisions;(b) actively to participate in international discussions, in particular in the WTO, dealing with the issue of trade and the environment, where the Community, in accordance with the general aim of sustainable development, will promote a balanced approach to the respective concerns of the environment and trade focusing on the integration of environmental requirements into the multilateral trading system;(c) to give preference to multilateral solutions to trade and environmental problems, respecting environmental and trade principles and promoting transparency in the definition and implementation of environmental measures, including new environmental policy instruments.SECTION 2 OTHER ISSUES TO WHICH PARTICULAR ATTENTION WILL BE GIVEN Article 7 Improving the basis for environmental policy The Community will ensure that its environmental policy is based on reliable and comparable data, statistics and indicators, on sound scientific information and on an assessment of the costs and benefits of action or the lack of action. It will ensure coordination of, and cooperation with, the appropriate Community institutions and bodies and will cooperate with the relevant institutions at international level. The European Environment Agency has a key role in monitoring and reporting on the state of the environment.Particular attention will be given to:(a) identifying and filling the gaps in current basic statistical data on the environment, developing the integration of environmental aspects into the data and statistics which relate to other policies and ensuring the accessibility of this data;(b) promoting the development of environmental indicators, performance indicators on all relevant policy issues and indicators for sustainable development as benchmark indicators to measure progress towards sustainable development and to provide a basis for the setting of objectives and operational targets;(c) improving coordination in the development of and securing mutual feedback between scientific research and development policies and environmental policy;(d) further developing the use of economic evaluation techniques for the environment (cost effectiveness, cost/benefit and business impact techniques);(e) developing auxiliary or satellite accounts to national accounts as a first step towards the integration of environmental aspects into Member States' and Community accounting concepts and practices with the aim of drawing up a comprehensive system of green national accounting by 1999.Article 8 Sustainable production and consumption patterns The Community will further develop its efforts to facilitate and enhance innovation in industry in relation to sustainable development and promote awareness and changes in behaviour by industry and consumers with a view to moving towards more sustainable patterns of production and consumption.Article 9 Shared responsibility and partnership The Community will encourage practical ways of improving shared action and partnership approaches to ensure sustainable development. It will develop better forms of dialogue and ensure that an appropriate mix of actors is involved in the preparation and implementation of its policies and actions.Article 10 Promotion of local and regional initiatives The Community will further encourage activities at local and regional level on issues fundamental to the achievement of sustainable development.To this end, particular attention will be given to:(a) further promoting the potential of spatial planning as an instrument to facilitate sustainable development, taking forward Europe 2000+ and assisting the development of the European Spatial Development Perspective as a basis for creating consensus among policy-makers, inter alia in relation to the environmental impact of sectoral development policies;(b) developing a comprehensive approach to urban issues with special emphasis on the assistance required to support actions by local authorities to implement the Programme and Local Agenda 21;(c) promoting the exchange of experience between local authorities in relation to sustainable transport initiatives;(d) developing a demonstration programme on integrated management of coastal zones with a view to showing the impact of improved information and concertation mechanisms for the implementation of sustainable development, and identifying the need for further action at Community and other levels;(e) developing a strategy to encourage local development and employment initiatives to contribute to the conservation of natural areas, where appropriate supported by the Structural Funds;(f) encouraging measures in vulnerable areas in line with the Convention to Combat Desertification, focusing on reducing the phenomenon by means of management policy and the sustainable use of natural resources as well as better dissemination of information and coordination of ongoing actions.Article 11 Environmental themes The Community will further develop its policies in relation to the environmental themes of the Programme on the basis of high standards of environmental protection and will, in relation to these themes, give specific attention to those actions which can be carried out most effectively at Community level.1. In relation to climate change and ozone depletion, the Community will step up its efforts to fulfil the objectives of the Climate Convention and the Montreal Protocol.Particular attention will be given to:(a) policies and measures necessary for the achievement of reduction objectives in accordance with the Berlin mandate for carbon dioxide (CO2) and other greenhouse gases to be attained within specified time-frames such as by 2005, 2010 and 2020;(b) strengthening Community control measures in respect of substances which deplete the ozone layer and stepping up research directed at finding suitable substitutes for these substances;2. In relation to acidification and air quality, particular attention will be given to:(a) developing and implementing a strategy with the goal of ensuring that critical loads, in relation to exposure to acidifying, eutrophying and photochemical air pollutants, are not exceeded;(b) establishing or amending quality objectives with respect to specific pollutants, with the goal of ensuring that critical loads/levels for eco-systems are not exceeded, and developing common procedures for the assessment and monitoring of air quality.3. In relation to the protection of water resources, particular attention will be given to developing a comprehensive framework setting out an integrated planning and management approach to groundwater and surface water resources, which will focus on both quantitative and qualitative aspects. Moreover, it will contribute to the sustainable management of seas around Europe.4. In relation to waste management, the Community will take steps to update and develop its waste-management strategy in the light of the European Parliament resolution of 14 November 1996 (11) and of the Council resolution of 24 February 1997 (12), including the hierarchy they propose, and in the context of relevant legislation.5. In relation to noise, particular consideration will be given to the development of a noise abatement programme which could address comprehensively the provision of information to the public, common noise exposure indices, and targets for noise quality and noise emissions from products.6. In relation to nature protection and biodiversity, the Community will devise a strategy for the conservation and sustainable exploitation of biodiversity in relevant sectoral or multisectoral plans, programmes and policies and, in the implementation of its other policies, will ensure full integration of nature protection and biodiversity concerns. In relation to the implementation of new reforms, it will ensure that the impact thereof on biodiversity is assessed. Consideration will be given to set-aside in order to recreate permanent natural zones. Consideration will be given to migration routes and the role of buffer zones in the context of the European network of protected sites (Natura 2000) and the implementation of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (13).7. In relation to the management of risks and accidents, particular attention will be given to:(a) reviewing existing legislation on the export and import of dangerous chemicals, in particular in relation to the principle of prior informed consent;(b) developing further measures in the area of agricultural and non-agricultural pesticides with a view to ensuring their sustainable use;(c) framing and presenting a strategy which will lead, inter alia, to further development of policies to address fully Agenda 21 with respect to hazardous chemicals, with particular attention to the precautionary principle, to information on risks to users and to making the work on the substitution or phasing-out of hazardous chemicals more efficient; the safe management of all hazardous chemicals needs to be improved;(d) drawing up an action plan with a view to speeding up the risk assessment of hazardous substances on the Einecs list, giving priority to the most hazardous substances;(e) further reviewing the regulatory framework for new technologies.8. The Community will, in accordance with the Programme, aim to take some positive steps to reduce by 50 % the number of vertebrate animals used for experimental purposes by the year 2000 and to make available statistical data on animal experimentation, particularly with regard to the use of primates and with the short-term objective of prohibiting the use of wild-caught primates.9. Particular attention will be given to consideration of the fourth report from the Commission to the Council on the situation and prospects for radioactive waste management in the European Union.10. Following the review of existing Community legislation which is planned before the end of the transitional period in line with the Act concerning the conditions of accession of Austria, Finland and Sweden, namely Articles 69, 84 and 112 thereof respectively, the European Parliament and the Council note the Commission's intention to submit a report to them on the results of that review and on the actions that it has deemed it necessary to take and possible implications for other legislation and for the Programme.Done at Brussels, 24 September 1998For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentJ. FARNLEITNER(1) OJ C 140, 11. 5. 1996, p. 5, and OJ C 28, 29. 1. 1997, p. 18.(2) OJ C 212, 22. 7. 1996, p. 1.(3) OJ C 34, 3. 2. 1997, p. 12.(4) Opinion of the European Parliament of 13 November 1996 (OJ C 362, 2. 12. 1996, p. 112), Council common position of 17 April 1997 (OJ C 157, 24. 5. 1997, p. 12) and Decision of the European Parliament of 17 July 1997 (OJ C 286, 22. 9. 1997, p. 208). Decision of the European Parliament of 15 July 1998 (OJ C 292, 21. 9. 1998) and Decision of the Council of 20 July 1998.(5) OJ C 337, 21. 12. 1992, p. 34.(6) OJ C 138, 17. 5. 1993, p. 1.(7) OJ C 167, 2. 6. 1997, p. 92.(8) OJ C 321, 22. 10. 1997, p. 1.(9) OJ C 129, 25. 4. 1997, p. 14.(10) OJ L 52, 27. 2. 1992, p. 1.(11) OJ C 362, 2. 12. 1996, p. 241.(12) OJ C 76, 11. 3. 1997, p. 1.(13) OJ L 206, 22. 7. 1992, p. 7. Directive as last amended by Directive 97/62/EC (OJ L 305, 8. 11. 1997, p. 42).(1) Commission statement relating to Article 2(1)(a)a (on agriculture) about its proposals for the CAP In the Agenda 2000 proposals the Commission indicates that there is a need to give a new impetus to the CAP and to reflect the integration of the environmental protection requirements into the other community policies. The Commission's proposals on the reform of the EU agricultural policy are designed to ensure that the European model for agricultural policy are designed to ensure that the European model for agriculture can be sustained in the long term, to the benefit not only of the agricultural industry, but also consumers, employment, environment and for society as a whole.The Commission proposals provide an integrated approach including:- a reinforced rural development pillar to be further developed in the future, embracing, strengthened agri-environment measures as compulsory elements of regional programmes, area-based support for sustainable farming in less favoured areas, forestry measures including sustainable management practices and environmental training,- the budget for agri-environmental measures can be expanded in particular through the funds available from aid reduction linked to environmental conditions,- further reductions in market support prices compensated via an increase in direct payments.According to these proposals, Member states will be obliged to undertake environmental measures, including those relating to the protection of biodiversity, groundwater, drinking water and landscapes. In fulfilling this obligation, Member States have three options at their disposal:- the agri-environmental measures being part of rural programmes,- mandatory environmental legislation the enforcement of which can be supported by reducing direct payments in the case of non-respect,- specific environmental requirements being a conditions for the receipt of direct payments under the market organisations.In the case of beef and dairy, national envelopes are established for a part of the payments, which can be linked to environmental standards. In addition the extensification premium will be made more effective under stricter conditions.The Commission is confident that this reform once adopted will prepare the ground for more sustainable forms of agriculture and rural development in the European Union.(2) Commission statement relating to Article 2(4)(d) on environmental liability In accordance with its work programme, the Commission will shortly adopt a White Paper on environmental liability. This White Paper will consider the need for Community legislative action in this field, in particular in the form of a framework directive.(3) Commission statement relating to Article 4, second paragraph, points (d) to (g) on enforcement The Commission will give details of Member States' performance in implementing and enforcing Community environmental legislation both in the relevant expanded chapter and enclosures in its Annual report on monitoring the application of Community law and in its Annual survey on the environment. The details will include, inter alia, information on the number of complaints received, the number of matters investigated by the Commission, the number of matter brought before the Court of Justice, the findings of the Court and any follow up action taken by the Commission.(4) Commission statement relating to Article 11(4) on waste management The Commission will as appropriate further develop the Community hierarchy of waste management principles and in considering initiatives, will respect the optimum use of this hierarchy.


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32003D0479

2003/479/EC: Council Decision of 16 June 2003 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council and repealing the Decisions of 25 June 1997 and 22 March 1999, Decision 2001/41/EC and Decision 2001/496/CFSP

Official Journal L 160 , 28/06/2003 P. 0072 - 0080

Council Decisionof 16 June 2003concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council and repealing the Decisions of 25 June 1997 and 22 March 1999, Decision 2001/41/EC and Decision 2001/496/CFSP(2003/479/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 establishing the European Community and in particular Article 207(2) thereof,Whereas:(1) 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 the high level of their knowledge and professional experience, in particular in areas where such expertise is not readily available.(2) This Decision should foster the exchange of professional experience and knowledge of European policies by temporarily assigning to the GSC experts from Member States' administrations. It also seeks to ensure close collaboration between the Council and national administrations or international organisations, by means of the secondment of GSC officials to them.(3) SNEs should be drawn from governments or ministries in Member States or from international organisations.(4) 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.(5) 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.(6) This Decision should set out all the conditions of employment of SNEs and seconded military staff and be applicable regardless of the origin of the budgetary appropriations used to cover the expenditure.(7) Special provision should moreover be made for military staff seconded to the GSC to form the European Union military staff.(8) Since these rules replace those laid down in the Decisions of 25 June 1997 and 22 March 1999, as well as in Decision 2001/41/EC and in Decision 2001/496/CFSP, those Decisions should be repealed,HAS DECIDED AS FOLLOWS:CHAPTER I GENERAL PROVISIONSArticle 1Scope1. These Rules are applicable to seconded national experts (SNEs) seconded to the GSC by a national, regional or local public administration. They shall also apply to experts on secondment from an international organisation.2. The persons covered by these Rules shall remain in the service of their employer throughout the period of secondment and shall continue to be paid by that employer.3. The GSC shall recruit SNEs in accordance with requirements and budgetary possibilities. The Deputy Secretary-General shall establish the arrangements for such recruitment.4. Except where the Deputy Secretary-General grants a derogation which is not applicable in the area of the CFSP/ESPD, SNEs must be nationals of a Member State. SNEs shall be recruited on as wide a geographical basis as possible 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.5. Secondment shall be implemented by an Exchange of Letters between the Directorate-General for Personnel and Administration of the GSC and the Permanent Representation of the Member State concerned or the international organisation, as appropriate. A copy of the rules applicable to SNEs on secondment to the GSC shall be attached to the Exchange of Letters.Article 2Period of secondment1. 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.2. The intended period of secondment shall be fixed at the 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.3. A SNE who has already been seconded to the GSC may be seconded again, in accordance with internal rules laying down maximum periods during which such persons may be present in GSC departments and subject to the following conditions:(a) the SNE must continue to meet the conditions for secondment;(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 a SNE whose initial secondment lasted for less than four years, but in that case the new secondment shall not exceed the unexpired part of the four-year period.Article 3Place of secondmentSNEs shall be seconded to Brussels or to a GSC liaison office.Article 4Duties1. A SNE shall assist GSC officials or temporary staff and carry out the tasks assigned to him.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.2. A SNE shall take part in missions and meetings only:(a) if accompanying a GSC official or temporary staff member; or(b) as an observer or solely for information purposes, if alone.The Director-General of the department concerned may in certain special circumstances derogate from this rule on the basis of a specific mandate given to the SNE, after verifying that there is no potential conflict of interest. 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.3. The GSC shall retain sole responsibility for approving the results of tasks performed by the SNE.4. The GSC departments concerned, the SNE's employer and 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 this 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 activities of close family members or any important financial interests of his own, or of close family members) and the proposed duties while on secondment.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.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.6. In the event of failure to comply with the provisions of paragraphs 2, 3 and 4, the GSC may terminate the secondment of the SNE under the terms of Article 8.Article 5Rights and obligations1. During the period of secondment:(a) a SNE shall carry out his duties and shall behave solely with the interests of the Council in mind;(b) a 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) a 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 liable to prejudice the interests of the European Union;(e) all rights in any work done by a SNE in the performance of his duties shall be the property of the GSC;(f) a SNE shall reside at the place of secondment or at no greater distance therefrom as is compatible with the proper performance of his activities;(g) a 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 tasks entrusted to him;(h) a 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.2. Both during and after the period of secondment, a SNE shall exercise the greatest discretion with regard to all facts and information coming to his knowledge 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.3. At the end of the secondment a SNE shall continue to be 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.To that end, in the three years following the period of secondment a 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.4. A SNE shall be subject to the security rules in force in the GSC.5. Failure to comply with the provisions of this Article during the period of secondment shall entitle the GSC to terminate the secondment of a SNE under the terms of Article 8.Article 6Level, professional experience and knowledge of languages1. To qualify for secondment to the GSC a SNE must have at least three years' full-time experience of administrative, scientific, technical, advisory or supervisory functions equivalent to those of category A or B as defined in the Staff Regulations of officials of the European Communities and the Conditions of employment applicable to other servants of the Communities. Before the secondment, the SNE's employer shall supply the GSC with a statement of the expert's employment covering the previous 12 months.2. A SNE must have a thorough knowledge of one Community language and a satisfactory knowledge of a second language for the performance of his duties.Article 7Suspension of secondment1. The GSC may authorise suspensions of secondment and 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 8Termination of periods of secondment1. Subject to paragraph 2, secondment may be terminated at the request of 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.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 agreement between the GSC 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 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.3. In the event of termination under paragraph 2(c), the GSC shall immediately inform the employer.CHAPTER II WORKING CONDITIONSArticle 9Social security1. 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 the Directorate-General for Personnel and Administration to complete the administrative formalities related to the secondment.Article 10Working hours1. A SNE shall be subject to the rules in force in the GSC as regards working hours. These rules may be modified by the Deputy Secretary-General where the needs of the department so require.2. A 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 for Personnel and Administration may authorise a SNE to work part time, after agreement from his employer.3. Where part-time work is authorised, the SNE shall work at least half of the normal working time.4. A SNE may work flexible hours only if authorised by the GSC department to which he is assigned. Authorisation shall be forwarded for information to the relevant unit of the Directorate-General for Personnel and Administration.5. The allowances in force within the GSC for shift-work may be granted to SNEs.Article 11Absence for reasons of sickness or accident1. In the event of absence for reasons of sickness or accident, a 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.2. If absence due to sickness or accident of not more than three days exceeds a total of 12 days over a period of 12 months, a SNE shall be required to produce a medical certificate 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 longer, the allowances referred to in Article 15(1) and (2) 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.4. However, a 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 (2) throughout the period during which he is unfit for work up to the end of the period of secondment.Article 12Annual leave, special leave and holidays1. A SNE shall be entitled to two-and-a-half working days of leave per whole month of service (30 days per calendar year).2. Leave is subject to prior authorisation by the department to which the SNE is assigned.3. A SNE may, on reasoned application, be granted special leave in the following cases:- marriage of the SNE: two days annually,- serious illness of spouse: up to three days,- death of spouse: four days,- serious illness of a relative in the ascending line: up to two days annually,- death of a relative in the ascending line: two days,- birth of a child: two days,- serious illness of a child: up to two days annually,- death of a child: four days.4. Upon a duly justified request by the SNE's employer, up to two days of special leave in a 12-month period may be granted by the GSC on a case-by-case basis.5. In the case of part-time work, annual leave shall be reduced accordingly.6. Days of annual leave not taken by the end of the period of secondment shall be forfeited.Article 13Maternity leave1. A SNE who is pregnant shall be granted maternity leave of 16 weeks, during which period she shall receive the allowances provided for in Article 15.2. A SNE who is breastfeeding may on request, on the basis of a medical certificate attesting the fact, be granted special leave for a maximum of four weeks running from the end of her maternity leave, during which period she shall receive the allowances laid down in Article 15.3. Where the national legislation of the employer of the SNE grants longer maternity leave, the secondment 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 end of the secondment if the interests of the GSC warrant it.4. A SNE may, alternatively, apply for a suspension of the secondment to cover the whole of the periods allowed for maternity and breastfeeding leave. 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 14Management and controlManagement and control of leave shall lie with the administration 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 EXPENSESArticle 15Subsistence allowances1. A SNE shall be entitled to a daily subsistence allowance throughout the period of secondment. Where the distance between the place of residence and the place of secondment is 150 km or less, the daily allowance shall be EUR 26,78. Where the distance is more than 150 km, the daily allowance shall be EUR 107,1.2. If the SNE has not received removal expenses from either the GSC or from the employer, an additional monthly allowance shall be paid as shown in the table below:>TABLE>This allowance shall be paid monthly in arrears.3. These allowances shall be payable for periods of mission, annual leave, maternity leave, special leave and holidays granted by the GSC.4. SNEs who during the three years ending six months before the secondment habitually resided or pursued their principal professional activity at a location situated at a distance of 150 km or less from the place of secondment shall receive a daily subsistence allowance of EUR 26,78. For the purpose of this provision, circumstances 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.5. When the SNE starts the secondment, he shall receive an advance amount equivalent to 75 days of the subsistence allowance, whereupon entitlement to any further 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 is obliged to return the amount corresponding to the remaining part of that period.6. At the time of the exchange of Letters provided for in Article 1(5) the GSC shall be informed of any payment similar to that mentioned in paragraph 1 of this Article received by the SNE. Any such amounts shall be deducted from the allowance paid by the GSC pursuant to the said paragraph 1.7. Daily and monthly allowances shall be adjusted each year without retroactive effect on the basis of the adaptation of the basic salaries of Community officials in Brussels and Luxembourg.8. For SNEs seconded to a GSC Liaison Office, the subsistence allowances referred to in this Article may be replaced by a housing allowance where this is justified by the specific circumstances of the country of secondment, subject to a reasoned decision by the Director-General for Administration and Protocol.Article 16Additional flat-rate allowance1. Except where the place of residence of a 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 the subsistence allowances paid by the GSC and the basic salary payable to an official in step 1 of grade A 8 or grade B 5, depending on the category to which he is assimilated.2. This allowance shall be adjusted once a year without retroactive effect on the basis of the adaptation of the basic salaries of Community officials.Article 17Place of residence1. For the purposes of these rules, the place of residence 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 to which the SNE is assigned is located. Both places shall be identified in the exchange of Letters mentioned in Article 1(5).2. If, on secondment as a SNE, a national expert is already on secondment on behalf of his employer in a place other than that in which the latter's head office is located, the place of residence shall be whichever of the two is closer to the place of secondment.3. The place of residence shall be deemed to be the place of secondment where:(a) during the three years ending six months before the secondment, the SNE habitually resided or pursued his principal professional activity at a place situated 150 km or less from the place of secondment; or(b) at the time of the GSC's request for the secondment, the place of secondment is the principal residence of the SNE's spouse or of any of his dependent children.To that end, residence at 150 km or less from the place of secondment is to be treated as residence at that place.4. For the purposes of applying this Article, circumstances 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 18Travel expenses1. A SNE whose place of residence is more than 150 km from the place of secondment is entitled to reimbursement of travel expenses:(a) for himself/herself:- from the place of residence to the place of secondment at the beginning of the period of secondment;- from the place of secondment to the place of residence at the end of the period of secondment;(b) for his spouse and dependent children, provided that they live with the SNE and that the removal is reimbursed by the GSC:- at the beginning of the secondment, on removal from the place of residence to the place of secondment;- at the end of the secondment, from the place of secondment to the place of residence.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 actual cost of a reduced-price ticket (PEX or APEX), on production of tickets and boarding cards.3. By way of derogation from paragraph 1, SNEs who prove that they have changed the place at which they will pursue their principal activity after the secondment shall be entitled to reimbursement of travel expenses to that place within the above limits. The reimbursement may not involve payment of a sum higher than that to which the SNE is entitled in the event of return to the place of residence.4. If a SNE has effected his removal from his place of residence to his place of secondment, he will 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 residence for himself, his spouse and any dependent children on the basis of the provisions in force at the GSC.Article 19Removal expenses1. Unless the second sentence of Article 15(4) applies, a SNE may remove his personal effects from the place of residence to the place of secondment, at the GSC's expense, after obtaining its prior authorisation, pursuant to rules in force at the GSC at the time concerning reimbursement of removal costs, provided the following conditions are met:(a) the initial period of secondment must be for two years;(b) the SNE's place of residence must be 100 km or more from the place of secondment;(c) the removal must be completed within six months of the starting date of the secondment;(d) authorisation must be requested at least two months before the intended date of removal;(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 removal costs.2. Subject to paragraphs 3 and 4, 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 removal costs from the place of secondment to the place of residence, pursuant to rules in force in the GSC at the time concerning reimbursement of removal costs, subject to the conditions set out in paragraph 1(d), (e) and (f) above and the following further conditions:(a) the removal cannot take place earlier than three months before the end of the secondment;(b) the removal must be completed within six months following the end of the secondment.3. A SNE whose secondment is terminated at his request or at the employer's request within two years from the start of the secondment shall not be entitled to reimbursement of removal costs to the place of residence.4. Where the SNE proves that the place where he will pursue his principal activity after secondment has changed, removal costs to that new place may be reimbursed, but only up to the amount which would have been paid in the case of removal to the place of residence.Article 20Missions and mission expenses1. A SNE may be sent on mission subject to Article 4.2. Mission expenses shall be reimbursed in accordance with the provisions in force at the GSC.Article 21TrainingA 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 professional career after the secondment, shall be considered when a decision on permission to attend courses is taken.Article 22Administrative provisions1. 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.2. A SNE assigned to a GSC liaison office shall report to the relevant department of the GSC in his place of secondment.3. Payments shall be made by the appropriate department of the GSC, in euro, into a bank account opened at a banking institution in the place of secondment.CHAPTER IV APPLICATION OF THE RULES TO SECONDED NATIONAL MILITARY STAFFArticle 23Rules applying to seconded military staffSubject to Articles 24 to 33, these Rules shall also apply to military staff seconded to the GSC in order to form the European Union military staff pursuant to Council Decision 2001/80/CFSP of 22 January 2001 on the establishment of the military staff of the European Union(1).Article 24ConditionsSeconded 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 25RecruitmentBy way of derogation from the second sentence of Article 1(3), the Secretary-General/High Representative shall establish the arrangements for recruitment of seconded military staff.Article 26Exchange of LettersFor the purposes of applying Article 1(5), the Exchange of Letters shall take place between the Secretary-General/High Representative and the Permanent Representation of the Member State concerned.Article 27Length of secondment1. By way of derogation from 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.2. By way of derogation from Article 2(3)(b), except in exceptional cases, a period of at least three years must have elapsed between the end of the previous period of secondment and a new secondment, where the conditions so justify and in agreement with the Secretary-General/High Representative.Article 28TasksBy way of derogation from Article 4(1), seconded military staff acting under the authority of the Secretary-General/High Representative 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 29External commitmentsBy way of derogation from 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 Representative.Article 30Security clearanceBy way of derogation from Article 4(5), the appropriate level of the 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).Article 31Professional experienceBy way of derogation from 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 32Suspension and termination of secondment1. Authorisation for Article 7 to be applied to a seconded military staff member shall be given by the Secretary-General/High Representative.2. By way of derogation from Article 8, secondment may be terminated 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 33Serious failure to comply with obligations1. By way of derogation from Article 8(3), 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. 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 his 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. Further to that decision, the allowances referred to in Articles 18 and 19 shall no longer be granted.Prior to the decision referred to in the first paragraph, a seconded military staff member may be suspended where serious failure to comply with his obligations 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.2. The Secretary-General/High Representative may bring to the attention of national authorities any violation by a military staff member on secondment of the rules set out or referred to in this Decision.3. A military staff member on secondment shall continue to be subject to his national disciplinary rules.Article 34Working hoursThe second sentence of Article 10(2) shall not apply to seconded military staff.Article 35Special leaveBy way of derogation from Article 12(4), unpaid additional special leave may be granted by the GSC for training by the employer subject to a duly reasoned request by the employer.Article 36AllowancesBy way of derogation from 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.Article 37Place of residence1. The seconded military staff member is considered as having his place of residence in the capital of the Member State of which he is a national, when, pursuant to Article 17(1), (2) and (3)(a), his place of residence is situated at 150 km or less from the place of secondment.2. The seconded military staff member is considered as having his place of residence in the capital of the Member State of which he is a national when the place of principal residence of the spouse or of the child (children) referred to in Article 17(3)(b) is situated in a Member State other than that of secondment.CHAPTER V FINAL PROVISIONSArticle 38RepealsThe following Decisions shall be repealed:- Council Decision of 25 June 1997 on the rules applicable to national experts on detachment to the General Secretariat of the Council (Directorate-General for Justice and Home Affairs) in the context of implementation of the plan to step up the fight against organised crime,- Council Decision of 22 March 1999 on the rules applicable to national experts on detachment to the General Secretariat of the Council (Directorate-General for Justice and Home Affairs) in the context of the collective evaluation of the enactment, application and effective implementation by the applicant countries of the acquis of the European Union in the field of Justice and Home Affairs,- Council Decision 2001/41/EC of 22 December 2000 on the rules applicable to national experts on detachment to the General Secretariat of the Council in the context of an exchange system for officials of the General Secretariat of the Council of the European Union and officials of national administrations or of international organisations(2), and- Council Decision 2001/496/CFSP of 25 June 2001 on the rules applicable to national military staff on secondment to the General Secretariat of the Council in order to form the European Union military staff(3).Article 39EffectThis 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 Luxembourg, 16 June 2003.For the CouncilThe PresidentG. Papandreou(1) OJ L 27, 30.1.2001, p. 7.(2) OJ L 11, 16.1.2001, p. 35. Decision as amended by Decision 2002/34/EC (OJ L 15, 17.1.2002, p. 29).(3) OJ L 181, 4.7.2001, p. 1. Decision as amended by Decision 2002/34/EC.