               14.1.2012

               EN

               Official Journal of the European Union

               C 12/8

         Decision of the High Representative of the Union for Foreign Affairs and Security Policy
   of 23 March 2011
   establishing the rules applicable to National Experts Seconded to the European External Action Service
   2012/C 12/04
   THE HIGH REPRESENTATIVE,
   Having regard to the Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service, in particular Article 6(3) thereof,
   Whereas:

               (1)

               According to Article 6(3) of the Council Decision establishing the European External Action Service (1) (EEAS) (the Council Decision) the EEAS may, in specific cases, have recourse to a limited number of specialised seconded national experts.

               (2)

               The High Representative shall, also according to Article 6(3) of the Council Decision, adopt rules, equivalent to those laid down in Council Decision 2003/479/EC of 16 June 2003 (now repealed and replaced by Council Decision 2007/829/EC of 5 December 2007 (2)) concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council, under which SNEs are put at the disposal of the EEAS in order to provide specialist expertise.

               (3)

               Seconded national experts (SNEs) should enable the EEAS to benefit from their high level of knowledge and professional experience, in particular in areas where such expertise is not readily available.

               (4)

               The secondment of national experts to the EEAS should foster the exchange of professional experience and knowledge of European policies.

               (5)

               SNEs should be drawn from public administrations in Member States or from international organisations.

               (6)

               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 EEAS.

               (7)

               This Decision should set out all the conditions of employment of SNEs.

               (8)

               Special provision should be made for military staff seconded to the EEAS to form the European Union Military Staff.

               (9)

               Special provision should be made for SNEs seconded to Union delegations. Inequality of treatment between SNEs from different institutions (principally from the European Commission and the EEAS) in Union Delegations should be avoided where possible,

         HAS ADOPTED THIS DECISION:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Scope
   1.   These rules are applicable to seconded national experts (SNEs) seconded to the European External Action Service (EEAS) by Member States’ public administrations. 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 EEAS shall recruit SNEs in accordance with requirements and budgetary possibilities. The Human Resources Department shall establish the arrangements for such recruitment.
   4.   SNEs must be nationals of a Member State.
   5.   The Member States and the EEAS shall cooperate to ensure, as far as possible, that recruitment of SNEs to the EEAS is based on merit whilst ensuring adequate geographical and gender balance, in particular to ensure a meaningful presence of nationals from all the Member States.
   6.   Secondment shall be implemented by an exchange of letters between the Chief Operating Officer and the Permanent Representation of the Member State concerned, or the international organisation, as appropriate. The place of secondment must be indicated in the exchange of letters. A copy of the rules applicable to SNEs on secondment to the EEAS shall be attached to the exchange of letters.
   Article 2
   Period of secondment
   1.   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. Exceptionally, at the request of the relevant Managing Director or equivalent, and where the interests of the service warrant it, the Human Resources Department may authorise one or more extensions of the secondment for a maximum of two more years at the end of the four-year period.
   2.   Notwithstanding paragraph 1, the period for which an SNE is seconded to take part in the preparation of crisis management operations or to study their launch may be less than six months.
   3.   The intended period of secondment shall be fixed at the outset in the exchange of letters provided for in Article 1(6). The same procedure shall apply in the case of a renewal of the period of secondment.
   4.   An SNE who has already been seconded to the EEAS may be seconded again, subject to the following conditions:

               (a)

               the SNE must continue to meet the conditions for secondment; and

               (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 an extension, the six-year period shall begin to run from the expiry of that extension.

         This provision shall not prevent the EEAS from accepting the secondment, less than six years after the end of the first period of secondment, of an SNE whose initial secondment lasted for less than six years, but in that case the new secondment shall not exceed the unexpired part of the six-year period.
   Article 3
   Place of secondment
   1.   SNEs shall be seconded to the EEAS central administration in Brussels, or to a Union Delegation.
   2.   The place of secondment may be changed during the secondment by means of a further exchange of letters in accordance with Article 1(6) if the possibility of changing that place was not envisaged in the original exchange of letters. The administration which seconds an SNE shall be kept informed of any changes to the place of secondment.
   Article 4
   Duties
   1.   An SNE shall assist members of the staff of the EEAS and carry out the tasks assigned to him/her. The duties carried out shall be defined by mutual agreement between the EEAS and the administration which seconds the national expert in the interest of the EEAS and taking into account the SNE’s qualifications.
   2.   Subject to paragraph 8 below, an SNE may take part in missions and meetings only:

               (a)

               if accompanying a member of the EEAS staff;
               or

               (b)

               as an observer or solely for information purposes, if alone.

         Unless a mandate has been entrusted to an SNE under paragraph 8 below, he/she may not represent the EEAS with a view to entering into commitments, whether financial or otherwise, or negotiating on its behalf.
   The limitations in this paragraph do not apply to SNEs seconded to the Civilian Planning and Conduct Capability, the Crisis Management and Planning Directorate, or the EU Situation Centre.
   3.   The EEAS, through the SNE’s line manager, shall retain sole responsibility for approving the results of tasks performed by the SNE.
   4.   The EEAS, 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 that end, the Human Resources Department 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 including, in particular, with reference to the SNE’s employment experience.
   5.   The SNE shall be asked in particular to declare any potential conflict between his/her family circumstances (in particular the professional activities of close family members or any important financial interests of his/her own, or of close family members) and the proposed duties while on secondment. The employer and the SNE shall undertake to notify the SNE’s line manager and the Human Resources Department of any change of circumstances during the secondment which could give rise to any such conflict.
   6.   Where the SNE’s line manager 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.
   7.   In the event of failure to comply with the provisions of paragraphs 2, 4 and 5, the EEAS may terminate the secondment of the SNE under the terms of Article 9(2)(c).
   8.   Notwithstanding paragraph 1 and the first subparagraph of paragraph 2, the Managing Director, or equivalent, of the service to which the SNE is assigned may, acting under the authority of the High Representative and acting on a proposal from the SNE’s line manager, entrust the SNE with specific tasks or duties and charge him/her with the conduct of one or more specific missions or meetings provided that there is no conflict of interest.
   Article 5
   Rights and obligations
   1.   During the period of secondment:

               (a)

               the SNE shall carry out his/her duties objectively and impartially and shall behave solely with the interests of the EEAS in mind;

               (b)

               the SNE shall abstain from any action, and in particular any public expression of opinion, which may reflect on his/her position at the EEAS;

               (c)

               any SNE who, in the performance of his/her duties, is called upon to give a decision on the handling or outcome of a matter in which he/she has a personal interest that could impair his/her independence, shall inform his/her line manager;

               (d)

               the SNE shall not, whether alone or together with others, publish or cause to be published any text dealing with the work of the European Union without obtaining permission from his/her line manager: 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 an SNE in the performance of his/her duties shall be the property of the EEAS;

               (f)

               the SNE shall reside at the place of secondment or at no greater distance therefrom than is compatible with the proper performance of his/her activities;

               (g)

               the SNE shall assist and tender advice to the superior to whom he/she is assigned and shall be responsible to his/her superior for the performance of the duties entrusted to him/her;

               (h)

               the SNE shall, in the exercise of his/her duties, accept no instructions from his/her employer or national government: he/she shall not undertake any activities for his/her employer, nor for governments, nor for any other person, private company or public body.

         2.   Both during and after the period of secondment, the SNE shall exercise the greatest discretion with regard to all facts and information of which he/she becomes aware in the course of or in connection with the performance of his/her duties. He/she shall not in any form whatsoever disclose to any unauthorised person any document or information not already lawfully made public, nor shall he/she use it for personal gain.
   3.   At the end of the secondment, the SNE shall continue to be bound by the obligation to act with integrity and discretion in the exercise of new duties assigned to him/her and in accepting certain posts or advantages.
   4.   SNEs shall be subject to the security rules in force in the EEAS.
   5.   Failure to comply with the provisions of paragraphs 1, 2 and 4 during the period of secondment shall entitle the EEAS to terminate the secondment of an SNE under the terms of Article 9(2)(c).
   Article 6
   Level, professional experience and knowledge of languages
   1.   To qualify for secondment to the EEAS, the SNE must have at least three years’ full-time experience of administrative, scientific, technical, advisory or supervisory functions equivalent to those of function groups AD or AST as defined in the Staff Regulations of Officials of the European Union and the Conditions of Employment of other servants of the Union (3).
   2.   The SNE must have a thorough knowledge of one Union language and a satisfactory knowledge of a second language for the performance of his/her duties.
   Article 7
   Selection procedures
   1.   SNEs shall be selected according to an open and transparent procedure, the practical details of which shall be decided by the Human Resources Department.
   In duly justified exceptional circumstances, and in the interests of the service, an SNE may be selected without following such procedures. Authorisation for such derogation must be sought from the Chief Operating Officer.
   2.   Before the secondment, the line manager must ensure that sufficient budget allocation is available.
   3.   Applications shall be forwarded to the Human Resources Department by the relevant Permanent Representation.
   Article 8
   Suspension of secondment
   1.   The Human Resources Department may authorise suspensions of secondment and specify the terms applicable. During such suspensions:

               (a)

               the allowances referred to in Articles 16 and 17 shall not be payable;

               (b)

               the expenses referred to in Articles 19 and 20 shall be payable only if the suspension is at the EEAS’s request.

         2.   The Human Resources Department shall inform the SNE’s employer.
   Article 9
   Termination of periods of secondment
   1.   Subject to paragraph 2, secondment may be terminated at the request of the EEAS (agreed by the Human Resources Department and the relevant Managing Director or equivalent) 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 agreement of the Human Resources Department and the relevant Managing Director or equivalent.
   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 Human Resources Department and the relevant Managing Director or equivalent and the employer, at the request of the SNE to both parties, if the SNE’s essential personal or professional interests so require; or

               (c)

               by the EEAS (agreed by the Human Resources Department and the relevant Managing Director or equivalent) in the event of failure by the SNE to comply with his/her obligations under these rules: the SNE shall first be given an opportunity to submit his/her defence.

         3.   In the event of termination under paragraph 2(c), the Human Resources Department shall immediately inform the employer.
   CHAPTER II

      WORKING CONDITIONS

   Article 10
   Social security
   1.   Before the period of secondment begins, the employer from which the SNE is to be seconded shall certify to the EEAS 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. To this end, the SNE’s employer shall provide the Human Resources Department with the certificate referred to in Article 11(1) of Council Regulation (EEC) No 574/72 (4).
   2.   From the commencement of his/her secondment, the SNE shall be covered by the EEAS against the risk of accident. The Human Resources Department shall provide him/her with a copy of the terms of this cover on the day on which he/she reports to the relevant department of the EEAS to complete the administrative formalities related to the secondment.
   3.   When, in the context of a mission in which the SNE is participating under the terms of Articles 4 and 21, or when, as a result of specific risks at the place of secondment, additional or specific insurance is required, the relevant costs shall be borne by the EEAS.
   Article 11
   Working hours
   1.   An SNE shall be subject to the rules in force in the EEAS as regards working hours. These rules may be modified by the Chief Operating Officer where the needs of the EEAS so require.
   2.   An SNE shall serve on a full-time basis throughout the period of secondment. Following a duly justified request from the SNEs line manager, and subject to compatibility with the interests of the EEAS, the Human Resources Department may authorise an SNE to work part-time, after agreement from his/her employer.
   3.   Where part-time working is authorised, the SNE shall work at least half of the normal working time.
   4.   The allowances in force within the EEAS for shift-work or standby duty may be paid to SNEs.
   Article 12
   Absence for reasons of sickness or accident
   1.   In the event of absence for reasons of sickness or accident, an SNE shall notify his/her line manager as soon as possible, stating his/her present address. He/she shall produce a medical certificate if absent for more than three days and may be required to undergo a medical examination arranged by the EEAS.
   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, an SNE shall be required to produce a medical certificate for any further absence due to sickness.
   3.   Where the period of sick leave exceeds three months or the period of service performed by the SNE, whichever is the longer, the allowances referred to in Article 16(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, an 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 16(1) and (2) throughout the period during which he/she is unfit for work up to the end of the period of secondment.
   Article 13
   Annual leave, special leave and holidays
   1.   An 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 SNEs line manager.
   3.   An SNE shall be granted special leave in the following cases:
   —   marriage of the SNE: four days,
   —   change of residence of the SNE: two days,
   —   removal to take up duties: up to two days,
   —   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,
   —   death of a relative in the ascending line: up to two days,
   —   marriage of a child: two days,
   —   birth of a child: 10 days, to be taken during the 14 weeks following the birth,
   —   death of wife during maternity leave: a number of days corresponding to the remaining maternity leave which would be applicable under the Staff Regulations,
   —   serious illness of a child: up to two days,
   —   very serious illness of a child, as certified by a doctor, or hospitalisation of a child aged 12 or under: up to five days,
   —   death of a child: four days,
   —   adoption of a child: one period of 20 weeks (24 weeks if the child is disabled), on the same basis as would be applicable under the Staff Regulations.
   Additional special leave of two days per period of 12 months may be granted at the request (with due justification) of the SNE.
   For the purposes of this provision, an unmarried partner of an SNE may be treated as a spouse on the same basis as would be applicable under the Staff Regulations.
   4.   Upon a duly substantiated application by the SNE’s employer, up to two days of additional special leave in a 12-month period may be granted by the EEAS (the Human Resources Department and the relevant Managing Director or equivalent) on a case-by-case basis.
   5.   In the case of part-time work, annual leave shall be reduced proportionately.
   6.   Days of annual leave not taken by the end of the period of secondment shall be forfeited.
   Article 14
   Maternity leave
   1.   An SNE who is pregnant shall be granted maternity leave of 20 weeks, during which period she shall receive the allowances provided for in Article 16. The leave shall begin not earlier than six weeks before the probable date of delivery indicated in the certificate and shall end not earlier than 14 weeks after the date of delivery. In the event of multiple or premature birth or birth of a handicapped child, the period of leave shall be 24 weeks. For the purposes of this provision, a premature birth shall be one which occurs before the end of the 34th week of pregnancy.
   2.   Where the national legislation of the SNE’s employer grants longer maternity leave, the secondment shall be suspended for the period exceeding that granted by the EEAS. In that case, a period equivalent to the suspension shall be added at the end of the secondment if the interests of the EEAS warrant it.
   3.   An SNE may, alternatively, apply for a suspension of the secondment to cover the whole of the period allowed for maternity. In that case, a period equivalent to the suspension shall be added at the end of the secondment if the interests of the EEAS warrant it.
   Article 15
   Management and control
   Management and control of leave shall lie with the SNE’s line manager and the Human Resources Department. Control of working time and absences shall be the responsibility of the SNE’s line manager.
   CHAPTER III

      ALLOWANCES AND EXPENSES

   Article 16
   Allowances
   1.   An SNE shall be entitled to a daily subsistence allowance throughout the period of secondment. Where the distance between the place of origin and the place of secondment is 150 km or less, the daily allowance shall be EUR 31,92. Where the distance is more than 150 km, the daily allowance shall be EUR 127,65.
   2.   If the SNE has not received removal expenses from either the EEAS or from the employer, an additional monthly allowance shall be paid as shown in the table below:

               Distance between place of origin and place of secondment (km)

               Amount in euro

               0-150

               0

               > 150

               82,05

               > 300

               145,86

               > 500

               237,05

               > 800

               382,92

               > 1 300

               601,73

               > 2 000

               720,27

         3.   These allowances shall be payable for periods of mission, annual leave, maternity leave, special leave and holidays granted by the EEAS.
   4.   When the SNE starts the secondment, he/she 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 EEAS is ended before the expiry of the period taken into account to calculate the advance, the SNE shall be obliged to return the amount corresponding to the remaining part of that period.
   5.   At the time of the exchange of letters provided for in Article 1(6) the Human Resources Department shall be informed by the SNE’s employer of any payment similar to that mentioned in paragraphs 1 and 2 of this Article received by the SNE. Any such amounts shall be deducted from the corresponding allowances paid by the EEAS.
   6.   Daily and monthly allowances shall be adjusted each year without retroactive effect on the basis of the adaptation of the basic salaries of Union officials in Brussels and Luxembourg.
   Article 17
   Additional flat-rate allowance
   1.   Except where the place of origin of the SNE is 150 km or less from the place of secondment, he/she shall, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his/her employer plus any allowances paid by the EEAS, pursuant to Article 16, and the basic salary payable to an official in step 1 of grade AD 6 or grade AST 4, depending on the function group to which he/she 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 Union officials.
   Article 18
   Places of recruitment, secondment, origin and return
   1.   For the purposes of these rules,

               —

               the place of recruitment shall be the place where the SNE performed his/her duties for the employer immediately prior to secondment,

               —

               the place of secondment shall be Brussels, or the Union delegation to which the SNE is assigned is located,

               —

               the place of origin shall be the place where his/her employer’s head office is located,

               —

               the place of return shall be the place where the SNE will perform his/her main activity after the secondment is terminated.

         2.   If either the place of recruitment or the place of return is located outside the territory of the European Union or in a Member State other than that in which the SNE employer’s head office is located or, if the SNE does not pursue a professional activity after his/her secondment is terminated, the place of origin shall be considered to be the place of recruitment or place of return, as appropriate.
   The place of recruitment, the place or places of secondment and the place of origin shall be determined in the exchange of letters referred to in Article 1(6). The place of return shall be determined on the basis of a declaration by the SNE’s employer.
   3.   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 19
   Travel expenses
   1.   An SNE whose place of recruitment is more than 150 km from the place of secondment shall be entitled to reimbursement of travel expenses:

               (a)

               for him/herself;

               (b)

               for his/her spouse and dependent children, provided that they live with the SNE and that the removal is reimbursed by the EEAS.

         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 the actual cost of a reduced-price ticket (PEX or APEX), on production of tickets and boarding cards.
   3.   The SNE shall be entitled to reimbursement for him/herself and, if applicable, for the persons referred to in paragraph 1(b), of travel expenses to the place of return at the end of the secondment within the above limits. The reimbursement may not be for a sum higher than that to which the SNE would have been entitled if he/she had returned to his/her place of recruitment.
   4.   If an SNE has effected his/her removal from his/her place of recruitment to his/her place of secondment, he/she shall be entitled each year to a flat-rate payment equal to the cost of a return journey from his/her place of secondment to his/her place of origin for him/herself, his/her spouse and any dependent children.
   5.   For the purposes of this provision, an unmarried partner of an SNE may be treated as a spouse on the same basis as would be applicable under the Staff Regulations.
   Article 20
   Removal expenses
   1.   The SNE may remove his/her furniture and his/her personal effects from the place of recruitment to the place of secondment, at the EEAS’s expense, after obtaining the prior authorisation of the Human Resources Department, provided the following conditions are met:

               (a)

               the initial period of secondment must be for two years;

               (b)

               the SNE’s place of recruitment 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; and

               (f)

               the SNE must send originals of estimates, receipts and invoices to the Human Resources Department and a certificate from the SNE’s employer confirming that the employer is not bearing the removal costs.

         2.   Subject to paragraph 3, where the removal to the place of secondment has been reimbursed by the EEAS, 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 return, pursuant to the rules in force in the EEAS concerning reimbursement of removal costs, subject to fulfillment of the conditions set out in paragraph 1(d) and (e) above and the following further conditions:

               (a)

               the removal cannot take place earlier than six months before the end of the secondment;

               (b)

               the removal must be completed within six months following the end of the secondment;

               (c)

               the amount of removal expenses reimbursed by the EEAS for the removal at the end of the secondment may not exceed the amount of the removal expenses to which he/she would have been entitled if he/she had returned to his/her place of recruitment; and

               (d)

               after sending the originals of estimates received and the invoice for the removal to the EEAS, and a declaration by the SNE’s employer confirming that the employer is not bearing all or part of the removal costs.

         3.   An SNE whose secondment is terminated at his/her request or at the employer’s request within two years of the start of the secondment shall not be entitled to reimbursement of removal costs at the end of the secondment.
   4.   Reimbursement of expenses under this Article shall be made in accordance with the relevant rules and conditions applicable in the EEAS.
   Article 21
   Missions and mission expenses
   1.   An 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 EEAS.
   Article 22
   Training
   An SNE shall be entitled to attend training courses organised by the EEAS, if the interests of the EEAS warrant it. The reasonable interests of the SNE, having regard in particular to the performance of his/her professional duties, shall be considered when the SNEs line manager takes the decision on permission to attend courses.
   Article 23
   Administrative provisions
   1.   The SNE shall report to the Human Resources Department on the first day of secondment to complete the requisite administrative formalities. He/she shall take up his/her duties on either the first or the 16th of the month.
   2.   An SNE assigned to a Union Delegation shall report to the Head of the Union Delegation at his/her place of secondment.
   3.   Payments shall be made by the EEAS, in euro, into a bank account opened at a banking institution in Brussels. In the case of an SNE seconded to a place other than Brussels, payments may be made in euro into a bank account opened at a banking institution either in Brussels or at the SNE’s place of origin.
   CHAPTER IV

      SNE’S SECONDED TO UNION DELEGATIONS

   Article 24
   Rules applying to SNEs seconded to Union Delegations
   Subject to the rules set out in this Chapter, the rules laid down elsewhere in this Decision shall also apply to SNEs seconded to Union Delegations.
   Article 25
   Allowances
   1.   The allowances referred to in Article 16 shall be paid in euro in Belgium. They shall be subject to the weighting applicable to the remuneration of officials employed in Belgium.
   2.   By way of derogation from paragraph 1, the Human Resources Department may, at the SNE's request, authorise the payment of subsistence allowances in the currency of the place of secondment or, in exceptional and duly justified cases and in order to maintain purchasing power, in another currency. The allowances shall then be subject to the weighting provided for in Article 12 of Annex X to the Staff Regulations and converted at the corresponding exchange rate.
   3.   An allowance for living conditions, fixed according to the same criteria as those laid down in Article 10 of Annex X to the Staff Regulations, shall be paid to SNEs seconded to EU delegations in third countries. The daily subsistence allowance referred to in Article 16(1) of these Rules shall constitute the reference amount referred to in Article 10 of Annex X to the Staff Regulations.
   Article 26
   Reimbursement of costs
   1.   The expenses referred to in Article 19(1)(b) and Article 19(4) shall not be reimbursed.
   2.   The expenses referred to in Article 20 shall not be reimbursed.
   Article 27
   Annual leave
   The rules on annual leave applicable to EEAS staff in Union Delegations shall apply equally to EEAS SNE’s in Union Delegations.
   CHAPTER V

      NATIONAL EXPERTS ON FREE SECONDMENT

   Article 28
   SNEs on free secondment
   1.   For the purposes of this Decision, a ‘cost-free SNE’ shall mean an SNE for whom the EEAS does not pay any of the allowances provided for in Chapters III or IV or cover any of the expenses provided for in this Decision, other than those related to the performance of their duties during their secondment, and without prejudice to any different agreement between the EEAS and the administration which seconds the cost-free SNE.
   2.   The Human Resources Department may, on request by the relevant Managing Director or equivalent, authorise the secondment of cost-free SNEs on a case-by-case basis, taking into consideration their place of origin, the Department in question, the geographical balance and the work to be carried out.
   CHAPTER VI

      APPLICATION OF THE RULES TO SECONDED NATIONAL MILITARY STAFF

   Article 29
   Rules applying to seconded military staff
   Subject to the rules in this chapter, the rules laid down elsewhere in this Decision shall also apply to military staff seconded to the EEAS in order to form the European Union Military Staff (EUMS) pursuant to Council Decision 2001/80/CFSP of 22 January 2001 on the establishment of the Military Staff of the European Union (5), as amended.
   Article 30
   Conditions
   Seconded military staff must be on paid service in the armed forces of a Member State throughout their secondment.
   Article 31
   Recruitment
   The Director-General of the EUMS shall establish the arrangements for recruitment of seconded military staff (6).
   Article 32
   Exchange of letters
   The exchange of letters referred to in Article 1(6) shall take place between the Chief Operating Officer and the Permanent Representation of the Member State concerned for the Director-General of the EUMS, the Deputy Director-General of the EUMS and all Director and Branch Chief appointments, and between the Director-General of the EUMS and the Permanent Representation of the Member State concerned for all other appointments. This exchange of letters must also mention any restriction on an SNE’s participation in missions.
   Article 33
   Length of secondment
   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.   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 further secondment, where the conditions so justify and in agreement with the Director-General of the EUMS
   Article 34
   Tasks
   Notwithstanding Article 4, seconded military staff acting under the authority of the 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, as amended.
   Article 35
   Security clearance
   The appropriate level of the seconded military staff member’s security clearance must be stipulated in the exchange of letters referred to in Article 1(6) and may not be lower than SECRET.
   Article 36
   Professional experience
   Notwithstanding 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 EEAS.
   Article 37
   Suspension and termination of secondment
   1.   Authorisation for Article 8(1) to be applied to a seconded military staff member shall be given by the Director-General of the EUMS.
   2.   Notwithstanding Article 9(2), secondment may be terminated without notice if the interests of the EEAS or of the seconded military staff member’s national administration so require or for any other sufficient cause.
   Article 38
   Serious failure to comply with obligations
   1.   Secondment may be terminated without notice in serious cases of intentional or negligent failure of the seconded military staff member to comply with his/her obligations. Notwithstanding Article 9(2)(c), the decision shall be taken by the Director-General of the EUMS after the person concerned has had an opportunity to submit his/her defence. Before taking a decision, the Director-General of the EUMS shall notify the Permanent Representative of the Member State of which the seconded military staff member is a national. Following that decision, the expenses referred to in Articles 19 and 20 shall no longer be reimbursed.
   Prior to the decision referred to in the first subparagraph, a seconded military staff member may be suspended where serious failure to comply with his/her obligations is alleged against him/her by the Director-General of the EUMS after the person concerned has been given an opportunity to submit his/her defence. The allowances referred to in Articles 16 and 17 shall not be paid during this suspension, which may not exceed three months.
   2.   The Director-General of the EUMS shall inform the national authorities of 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/her national disciplinary rules.
   Article 39
   Working hours
   The second sentence of Article 11(2) shall not apply to seconded military staff.
   Article 40
   Special leave
   Unpaid additional special leave may be granted by the EEAS for training by the employer, subject to a duly reasoned application by the employer.
   Article 41
   Allowances
   The exchange of letters referred to in Article 1(5) may stipulate that allowances provided for in Articles 16 and 17 will not be paid.
   CHAPTER VII

      FINAL PROVISIONS

   Article 42
   Complaints
   1.   Without prejudice to the possibilities for instituting proceedings after taking up his/her position, under the conditions and time limits laid down in Article 263 of the Treaty on the Functioning of the European Union, any SNE may submit a complaint to the Human Resources Department about an act adopted by the EEAS under this Decision which adversely affects him/her, with the exception of decisions which are direct consequences of decisions taken by his/her employer.
   2.   The complaint must be lodged within two months. The period shall start to run on the date of notification of the decision to the person concerned, but in no case later than the date on which the latter received such notification. The Human Resources Department shall notify the person concerned of its reasoned decision within four months of the date on which the complaint was lodged. If at the end of that period no reply to the complaint has been received, this shall be deemed to constitute an implied decision rejecting it.
   Article 43
   Repeals
   Council Decision 2007/829/EC of 5 December 2007 and the Commission Decision of 12 November 2008 (C(2008) 6866) shall remain applicable to all secondments taking place at the time of the entry into force of this Decision, without prejudice to Article 44.
   Article 44
   Effect
   This Decision shall take effect on the day of its adoption. With effect from that day it shall apply to:

               (a)

               any new secondment to the EEAS; and

               (b)

               any renewal of a secondment made previously to the Commission or Council, but which function has been transferred to the EEAS. In such cases, the period of secondment as set out in Article 2 shall be deemed to start from the date of the transfer to the EEAS.

      Done at Brussels, 23 March 2011.

            The High Representative

         C. ASHTON

      (1)  OJ L 201, 3.8.2010, p. 30.

      (2)  OJ L 327, 13.2.2007, p. 10.

      (3)  OJ L 56, 4.3.1968, p. 1.

      (4)  OJ L 74, 27.3.1972, p. 1.

      (5)  OJ L 27, 30.1.2001, p. 7.

      (6)  EUMS Manning and Turnover Policy, Document 5402/2011.


title: Council Decision of 18 July 2011 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Germany, Hungary and Portugal

text:
               23.7.2011

               EN

               Official Journal of the European Union

               C 217/27

         COUNCIL DECISION
   of 18 July 2011
   appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Germany, Hungary and Portugal
   2011/C 217/07
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (1), and in particular Article 8 thereof,
   Having regard to the list of proposed candidates for appointment submitted to the Council by the Government of Hungary and by the employees' organisations,
   Having regard to the lists of members and alternate members of the Advisory Committee on Safety and Health at Work,
   Whereas:

               (1)

               By Decisions of 22 November 2010 (2), 7 March 2011 (3) and 21 March 2011 (4) the Council appointed some members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period from 8 November 2010 to 7 November 2013.

               (2)

               The Government of Hungary has submitted nominations for two posts to be filled for Hungary and the employees' organisations have submitted nominations for a number of posts to be filled for Germany and Portugal,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following shall be appointed members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period ending on 7 November 2013:
   I.   GOVERNMENT REPRESENTATIVES

               Country

               Members

               Alternate members

               Hungary

               Mr János GÁDOR

               Ms Éva GRÓNAI

   II.   REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS

               Country

               Members

               Alternate members

               Germany

               Ms Marina SCHRÖDER

               Mr Thomas VEIT

               Portugal

               Mr Fernando José GOMES

         Article 2
   The Council will appoint the members and alternate members not yet nominated at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 18 July 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 216, 20.8.1994, p. 1.

      (2)  OJ C 322, 27.11.2010, p. 3.

      (3)  OJ C 83, 17.3.2011, p. 2.

      (4)  OJ C 92, 24.3.2011, p. 8.


title: 2006/922/EC: Commission Decision of 12 December 2006 adjusting the weightings applicable from 1 February , 1 March , 1 April , 1 May and 1 June 2006 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries

text:
               14.12.2006

               EN

               Official Journal of the European Union

               L 354/39

      COMMISSION DECISION

   of 12 December 2006
   adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2006 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries
   (2006/922/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom) No 2104/2005 (2), and in particular the second paragraph of Article 13 of Annex X thereto,
   Whereas:

               (1)

               Pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, the weightings to be applied from 1 July 2005 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries payable in the currency of their country of employment were laid down by Council Regulation (EC, Euratom) No 351/2006 (3).

               (2)

               Some of these weightings need to be adjusted in accordance with the second paragraph of Article 13 of Annex X to the Staff Regulations, with effect from 1 February, 1 March, 1 April, 1 May and 1 June 2006, since the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   With effect from 1 February, 1 March, 1 April, 1 May and 1 June 2006 the weightings applied to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries, payable in the currency of the country of employment, shall be those set out in the Annex hereto.
   The exchange rates used for the calculation of this remuneration shall be established in accordance with the rules for the implementation of the Financial Regulation and correspond to the dates referred to in the first paragraph.

      Done at Brussels, 12 December 2006.

            For the Commission

         Benita FERRERO-WALDNER

            Member of the Commission

      (1)  OJ L 56, 4.3.1968, p. 1.

      (2)  OJ L 337, 22.12.2005, p. 7.

      (3)  OJ L 59, 1.3.2006, p. 1.

      ANNEX

                  Place of employment

                  Weighting
                  February 2006

                  Angola

                  120,0

                  Bangladesh

                  46,6

                  Bosnia and Herzegovina

                  78,6

                  Cape Verde

                  78,6

                  Cuba

                  99,3

                  Guinea

                  61,2

                  Hong Kong

                  94,8

                  Israel

                  102,2

                  Kenya

                  83,9

                  Lebanon

                  94,4

                  Madagascar

                  74,5

                  New Caledonia

                  129,1

                  Nicaragua

                  64,7

                  Niger

                  91,5

                  Philippines

                  61,3

                  Russia

                  118,3

                  Syria

                  62,9

                  Uganda

                  62,1

                  Venezuela

                  63,4

                  Zimbabwe

                  36,2

                  Place of employment

                  Weighting
                  March 2006

                  Botswana

                  69,9

                  Cameroon

                  108,0

                  Dominican Republic

                  74,6

                  El Salvador

                  87,7

                  Laos

                  74,0

                  Malawi

                  76,1

                  Tanzania

                  62,5

                  Zimbabwe

                  44,4

                  Place of employment

                  Weighting
                  April 2006

                  Egypt

                  55,1

                  Guinea

                  64,4

                  Haiti

                  105,5

                  Hong Kong

                  101,9

                  Mali

                  93,8

                  Saudi Arabia

                  94,1

                  Zimbabwe

                  48,7

                  Place of employment

                  Weighting
                  May 2006

                  Benin

                  92,1

                  Democratic Republic of Congo

                  131,6

                  Jordan

                  73,2

                  Mozambique

                  67,0

                  Pakistan

                  53,8

                  Zambia

                  79,9

                  Place of employment

                  Weighting
                  June 2006

                  Argentina

                  55,6

                  Botswana

                  65,6

                  Central African Republic

                  123,6

                  Chile

                  78,9

                  Ethiopia

                  85,1

                  Israel

                  105,5

                  Nepal

                  70,8

                  Peru

                  76,5

                  Tanzania

                  58,7

                  Thailand

                  59,6

                  Uganda

                  56,1

                  Yemen

                  70,6


title: Council Decision (EU) 2015/2036 of 26 October 2015 appointing four Italian alternate members of the Committee of the Regions

text:
               14.11.2015

               EN

               Official Journal of the European Union

               L 298/22

         COUNCIL DECISION (EU) 2015/2036
   of 26 October 2015
   appointing four Italian alternate members of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Italian Government,
   Whereas:

               (1)

               On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               Four alternate members' seats on the Committee of the Regions have become vacant following the end of the term of office of Ms Bianca Maria D'ANGELO, Ms Paola GIORGI, Ms Carmen MURATORE and Mr Nicola VENDOLA,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed as alternate members to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Sig.ra Manuela BORA, Consigliere regionale e Assessore della Regione Marche,

               —

               Sig.ra Ilaria CAVO, Consigliere regionale e Assessore della Regione Liguria,

               —

               Sig. Vincenzo DE LUCA, Presidente della Regione Campania,

               —

               Sig. Michele EMILIANO, Presidente della Regione Puglia.

         Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 26 October 2015.

            For the Council

            The President

         C. DIESCHBOURG

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.

      (3)  OJ L 159, 25.6.2015, p. 70.


title: Council Decision of 18 November 2014 appointing an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Malta

text:
               22.11.2014

               EN

               Official Journal of the European Union

               C 420/4

         COUNCIL DECISION
   of 18 November 2014
   appointing an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Malta
   2014/C 420/04
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (1), and in particular Article 6 thereof,
   Having regard to the lists of candidates submitted to the Council by the Governments of the Member States and by the employers' and employees' organisations,
   Whereas:

               (1)

               In its Decisions of 2 December 2013 (2) and 8 July 2014 (3), the Council appointed the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period ending on 30 November 2016, with the exception of certain members.

               (2)

               The employers' organisation BUSINESSEUROPE has submitted the nomination of a candidate for one post to be filled,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period ending on 30 November 2016:
   I.   REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS

               Country

               Member

               Alternate

               Malta

               Mr Joe FARRUGIA

         Article 2
   The Council shall appoint the members and alternate members not yet nominated at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 18 November 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 139, 30.5.1975, p. 1.

      (2)  OJ C 358, 7.12.2013, p. 5.

      (3)  OJ L 209, 16.7.2014, p. 54.


Avis juridique important

|

32002D0089

2002/89/EC: Council Decision of 28 January 2002 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Lithuania

Official Journal L 044 , 14/02/2002 P. 0054 - 0063

Council Decisionof 28 January 2002on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Lithuania(2002/89/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community;Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas:(1) The Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy.(2) Regulation (EC) No 622/98 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they are submitted to each applicant State, as well as on subsequent significant adjustments applicable to them.(3) Community assistance is conditional on the fulfilment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfilment of the Copenhagen criteria. Where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance.(4) The Luxembourg European Council decided that the implementation of the Accession Partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies.(5) The 2001 Commission's regular report presents an objective analysis on Lithuania's preparations for membership and identifies a number of priority areas for further work.(6) In order to prepare for membership, Lithuania should continue to update its national programme for the adoption of the acquis. This programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership.(7) Lithuania needs to ensure that the appropriate legal and administrative structures needed for the programming, coordination, management, control and evaluation of EC pre-accession funds are in place,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions in the Accession Partnership for Lithuania are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Europe Agreement bodies and by the appropriate Council bodies to which the Commission shall report regularly.Article 3This Decision shall take effect on the third day following its publication in the Official Journal of the European Communities.Done at Brussels, 28 January 2002.For the CouncilThe PresidentJ. Piqué i Camps(1) OJ L 85, 20.3.1998, p. 1.ANNEX1. IntroductionAt its meeting in Luxembourg in December 1997, the European Council decided that the Accession Partnership would be the key feature of the enhanced pre-accession strategy, mobilising all forms of assistance to the candidate countries within a single framework. In this manner, the Community targets its assistance towards the specific needs of each candidate so as to provide support for overcoming particular problems with a view to accession.The first Accession Partnership for Lithuania was decided in March 1998. As provided for in Regulation (EC) No 622/98 (Article 2), the Accession Partnership was updated a first time in December 1999, taking into account further developments in Lithuania. The present revision is based on a proposal by the Commission following consultation with Lithuania, and draws on the analysis of the Commission's 2001 regular report on progress made by Lithuania towards accession.2. ObjectivesThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 2001 regular reports on the progress made by Lithuania towards membership of the Union, the financial means available to help Lithuania implement these priorities and the conditions which will apply to that assistance.The Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate States in their preparations for membership. These include, inter alia, the updated national programme for the adoption of the acquis prepared by Lithuania, the pre-accession fiscal surveillance procedure, the pre-accession economic programme, the pre-accession pact on organised crime as well as the national development Plans, the rural development plans, a national employment strategy in line with the European employment strategy, and sectoral plans necessary for the participation in the Structural Funds after membership and for the implementation of ISPA and Sapard before accession. Each of these instruments is different in nature and is prepared and implemented according to specific procedures and may be supported by pre-accession aid. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.3. PrinciplesThe main priority areas identified for each candidate State relate to their ability to take on the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate State has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid in 1995, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure harmonious operation of Community policies after accession and at Luxembourg, in 1997, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied. The Feira and Gothenburg European Councils in 2000 and 2001 respectively confirmed the vital importance of the applicant countries' capacity to implement and enforce the acquis, and added that this required important efforts by the applicants in strengthening and reforming their administrative and judicial structures.4. Priorities and intermediate objectivesThe Commission's regular reports have highlighted, besides the progress already made, the extent of the efforts which still have to be made in certain areas by candidate States to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the States concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with Lithuania. The priorities listed in the revised Accession Partnership have been selected on the basis that it is realistic to expect that Lithuania can complete or take them substantially forward over the next two years (2002 to 2003). Within this list, issues that require particularly urgent action have been highlighted as such. The progress made in meeting the priorities of the 1999 Accession Partnership is assessed in the 2001 regular report. This assessment has been used in formulating the priorities for the current Partnership.Lithuania submitted an updated version of its national programme for the adoption of the acquis (NPAA) in June 2001. The NPAA sets out a timetable for achieving priorities and intermediate objectives, based on the 1999 Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Lithuania's membership preparations. Lithuania will nevertheless have to address all issues identified in the 2001 regular report. It is also important that Lithuania fulfils the commitments of legislative approximation and the implementation of the acquis in accordance with the commitments made under the Europe Agreement, and in the context of the negotiation process. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's regular report, the following priorities and intermediate objectives have been identified for Lithuania. These priorities are presented in accordance with the structure of the regular report(1).Political criteriaDemocracy and the rule of law- consolidate a modern, professional and efficient civil service that is independent from undue influences, notably by ensuring further training, an appropriate level of remuneration and greater interdepartmental coordination,- complete judicial reform in particular through the adoption of the new Law on Courts; duly implement the Civil Code and the Law on Administrative Court Proceedings; adopt the new Code of Criminal Procedures and ensure its proper implementation as well as that of the Criminal Code; continue training of specialised judges and prosecutors including in acquis - related matters; improve working conditions and infrastructure to ensure the proper functioning of courts, in particular as regards Administrative Courts and Regional Courts; ensure proper implementation of the law on legal aid so as to widen the availability of legal aid,- further strengthen the fight against corruption by adopting and starting implementation of the anti-corruption strategy; adopt and start implementing a new law on corruption prevention, complete and start implementing the Code of Ethics for Civil Servants; ratify the relevant international anti-corruption conventions.Economic criteria- take measures to reduce unemployment, in particular long-term unemployment, notably by promoting adequate re-training and improving the business environment with a view to attract green-field investments and enhance the creation of new enterprises,- complete the large-scale privatisation process, including the remaining State-owned bank and the energy utilities,- ensure implementation and enforcement of the enterprise restructuring law and the legislation on bankruptcy, in particular by continuing training efforts in the fields of enterprise risk assessment and evaluation of enterprise restructuring plans,- implement the strategies adopted for the development of industries and small and medium-sized enterprises (SMEs) and continue improvement of business support infrastructure,- complete the remaining part of land titling and registration and further support land market development; consolidate small land tenures.- continue with the social security reform in a sustainable way for public finances, with a view to ensuring medium-term sustainability of public finances.Ability to assume the obligations of membershipFree movements of goods- complete the process of the transposition and effective implementation of all "New approach", directives and traditional sectoral legislation, in particular abolish pre-marketing authorisation on detergents and foodstuffs, and gradually replace the old market authorisations on pharmaceuticals by the new ones complying with the transposed Community legislation,- proceed with the establishment of a standards association and promote a stronger involvement of industry in the standards preparation process; reinforce national accreditation system; reinforce the State Metrology Service and improve operational capacities and know-how of the accredited calibration laboratories; strengthen cooperation between the institutions involved in market surveillance activities. Complete implementation of the development programme of certification bodies and test laboratories,- complete adoption of EN standards,- complete alignment of the public procurement legislation and ensure its effective implementation, in particular by further strengthening the Public Procurement Agency, and establishing an information system for the monitoring of procurements,- proceed with screening of legislation in the non-harmonised area to ensure that it is in compliance with Articles 28, 29 and 30 of the Treaty and complete administrative arrangements for the future monitoring in this area.Free movement of persons- complete alignment of mutual recognition of professional qualifications and diplomas and further develop required administrative structures, education and training programmes,- with respect to professional qualifications obtained before harmonisation, Lithuania should give priority to introducing measures to ensure that all its professionals can, from accession, meet the requirements laid down by the Directives,- reinforce the administrative structures for the coordination of social security.Freedom to provide services- reinforce supervision of financial services,- implement Law on third party motor liability insurance,- complete the process of alignment in the field of data protection; complete reorganisation of the State Data Protection Inspectorate, ensure its full independence; strengthen the administrative capacity, in particular through the provision of training.Free movement of capital- abolish the restrictions on cross-border transfer of means of payment and on investment rules for pension funds and insurance companies,- adopt the constitutional amendments on access to farmland ownership as planned,- strengthen and improve coordination of the institutions responsible for the enforcement of the prevention of money laundering. Complete alignment of legislation with the second Directive against money laundering,- Ensure compliance with the recommendations of the Financial Action Task Force.Company law- establish and ensure the efficient functioning of the Central Register of Legal Entities,- establish the Board of Accounting, improve qualifications of specialists,- complete the process of alignment with the acquis on patents; continue training of the State Patent Bureau staff in the field of trade mark protection; ensure adequate enforcement of the law on trade marks; implement the strategy on the enforcement of copyright and related rights; further strengthen administrative capacity of collective administration associations and the Division of Copyright and Related Rights as regards the implementation of international conventions,- in need of particular urgent action: strengthen administrative capacity of enforcement bodies of intellectual and industrial property rights and increase efforts to fight against piracy and counterfeiting. Improve cooperation among enforcement bodies notably the police, customs and the judiciary. Strengthen administrative capacity at the border and ensure proper enforcement of border legislation. Intensify training for enforcement bodies including judges and prosecutors.Competition policy- complete the legislative framework, strengthen the administrative capacity of the Competition Council (in particular as regards State aid control); ensure enforcement of the rules in anti-trust and State aid; maintain the State aid inventory and prepare the annual reports; increase awareness of the rules among all market participants and aid grantors; intensify the training of the judiciary in the competition field.Agriculture- upgrade the capacity of agricultural administration, in particular of the Market Regulation Agency for Agriculture and Food Products, and complete preparations for the enforcement and practical application of the management mechanisms of the common agricultural policy, in particular the integrated administration and control system and the paying agency for the handling of common agricultural policy expenditure, as well as for the implementation and enforcement of veterinary and phytosanitary and food safety legislation,- reinforce the administrative structures needed for the design, implementation, management, monitoring, control and evaluation of Community funded rural development programmes,- continue alignment of veterinary and phytosanitary legislation and upgrade inspection arrangements, particularly at future external borders. The identification and registration of animals needs to be completed,- reinforce the technical capacity of testing laboratories in order to ensure their accreditation in order to implement the hazard analysis critical contact point requirements,- complete transposition of legislation on transmissible spongiform encephalopathies, plant passports, maximum residue levels, animal nutrition and ensure implementation and enforcement, including testing of animal diseases, in particular transmissible spongiform encephalopathies, in accordance with the acquis,- continue the restructuring of food processing establishments including meat, canned fruit and vegetables and their upgrading so that they are in a position to respect Community food safety standards,- implement the food safety strategy.Fisheries- complete the establishment of adequate administrative structures and equipment at central and regional level that can ensure the implementation of the common fisheries policy, including management of resources, inspection and control of fishing activities, the market policy, structural programmes co-financed by the Financial Instrument for Fisheries Guidance, a fishing vessel register and a management plan for the fleet capacity in accordance with available resources.Transport policy- continue legal alignment and strengthen administrative capacity in road transport (particularly on social legislation, fiscal harmonisation and technical and safety standards), railway transport (with a view to the implementation of the revised railway acquis) and air transport,- continue to align and implement maritime transport legislation, taking into account its latest developments,- in need of particularly urgent action: strengthen the administrative capacity and complete the institutional structure in the field of maritime safety in order to improve the flag State performance of the Lithuanian fleet.Taxation- complete legislative alignment with particular attention to the VAT (including the transitional VAT regime) and excise legislation, especially as regards VAT exemptions and levels of excise duties,- ensure that existing and future legislation complies with the principles of the Code of Conduct for Business Taxation,- strengthen the administrative capacity and control procedures, and improve the administrative cooperation and mutual assistance in order to be able to implement the acquis,- develop IT systems so as to allow for the exchange of computerised data with the Community and its Member States,- implement the Holdings and Movements Directive.Statistics- further improve quality and coverage of statistics; ensure that adequate resources are available to further strengthen statistical capacities, including at regional level.Employment and social policy- complete transposition of the social acquis, notably through the adoption of the new Labour Code, and ensure its proper implementation through the appropriate enforcement structures, including the labour inspectorates, according to agreed timetable. Complete alignment in the field of equal treatment for men and women. Adopt legislation against discrimination and develop a timetable for its implementation,- continue to support social partners' capacity-building efforts in particular with a view to their future in the development and implementation of the Community employment and social policy, including the European Social Fund, notably through autonomous social dialogue,- adopt the law on public health and continue the implementation of the public health care reform, and in particular develop further the health monitoring system; finalise the development of measures in the area of surveillance and control of communicable diseases.- continue preparations for a national strategy, including data collection, with a view to future participation in the European strategy on social inclusion.Energy- implement the recommendations contained in the Council report on nuclear safety in the context of enlargement with due regard to the priorities assigned in the report,- continue the implementation of the national energy strategy; start and complete, as a matter of urgency, a revision of the national energy strategy allowing for a decision on the closure date of Unit 2 of the Ignalina nuclear power plant in a manner compatible with Lithuania's timetable for accession,- advance the legal, technical, economic and social preparation for the definitive closure (before 2005) and decommissioning of Unit 1 of the Ignalina nuclear power plant,- strengthen the resources and capacities of the national regulatory authority for nuclear energy,- maintain a high level of nuclear safety throughout the decommissioning phases of the Ignalina nuclear power plant,- continue the alignment process on oil stocks; make progress in ensuring the actual constitution of stocks, including the necessary investments, towards the level of 90 days; develop the necessary administrative capacity,- complete the alignment process with regard to internal energy market (electricity and gas); establish an independent transmission system operator (electricity); eliminate remaining price distortions; strengthen the regulator (National Control Commission for Prices and Energy),- continue the refurbishment of conventional power plants in line with the environmental acquis,- step up the improvement of energy efficiency and the use of renewable energy sources and strengthen the relevant institutions in this area.Telecommunications and information technologies- ensure the effective functioning of the Communications Regulatory Authority, including the structure in charge of postal services once it is established, by qualified staff for its new tasks and appropriate financing,- ensure compliance with the telecommunications acquis, in particular as regards interconnections procedures.Culture and audiovisual policy- continue to strengthen administrative capacity of the relevant authorities.Regional policy and coordination of structural instruments- complete the legal and administrative framework which allows for the implementation of the acquis in this area, in particular with regard to financial management and control,- ensure effective interministerial coordination and appropriate partnership with a view to both programming and implementation,- prepare a single programming document in line with the Structural Funds Regulations, including an ex ante evaluation,- ensure that the designated managing authority and paying authorities will progressively build up their capacity in order to be able, on accession, to fulfil their responsibilities and deliver the tasks assigned to each of them according to the Structural Funds Regulations,- set up evaluation and monitoring systems,- develop the technical preparation of projects eligible for Structural and Cohesion Funds assistance (project pipeline).Environment- complete transposition of the acquis,- continue implementation of the acquis, in particular as regards sulphur content in liquid fuels, volatile organic compounds emissions resulting from storage and distribution of petrol, waste management (in particular waste oils, landfills and packaging and packaging waste), urban waste-water treatment, drinking water (in particular by solving the problem of excess fluoride), dangerous substances discharged into the aquatic environment (by establishing inventories and pollution reduction programmes) and nature protection (including the preparation of a list of sites of Community importance and designating special protection areas),- continue strengthening the administrative and monitoring capacity, both at central and local level, in particular for chemicals and GMOs,- continue integration of environmental protection requirements into the definition and implementation of all other sectoral policies with a view to promoting sustainable development.Consumer protection and health- further strengthen the market supervision institutions, strengthen the National Consumer Rights Protection Council.Cooperation in the field of Justice and Home Affairs- ensure the implementation of the Schengen action plan,- complete border demarcation with Belarus and Russia (border with Kaliningrad) and strengthen border control, including maritime border; continue training for border guards, improve infrastructure and equipment,- step up efforts in the fight against trafficking in human beings,- complete alignment with the acquis on visa policy, asylum and migration, reinforce the administrative capacity of competent bodies and improve the appeals system,- complete reorganisation and modernisation of police service and further develop the professional training system for the police; establish a network of police liaison officers; reinforce bilateral cooperation with other Union Member States; strengthen cooperation among all bodies (including the judiciary) in the fight against organised crime; ensure effective implementation of anti-money laundering measures,- implement the national drugs strategy and strengthen administrative capacity of and coordination among all relevant bodies (ensuring a clear division or responsibilities); complete the legal framework for international cooperation, prepare for participation in the work of the European information network on drugs and drug addiction,- take the necessary steps in order to ensure the implementation of the Community instruments in the area of judicial cooperation in civil matters,- ensure that the pre-requirements for the conclusion of a cooperation agreement with Europol are met,- continue preparation for future participation in the Schengen Information System, by developing various national databases and registers,- take the necessary steps to align the legislation with the Convention on Protection of the Communities' Financial Interests and its Protocols.Customs union- complete the process of alignment with the acquis; complete the process of restructuring of regional customs offices,- in need of particularly urgent action: accelerate the implementation of the IT strategy of the Lithuanian customs administration. Develop IT systems so as to allow for the exchange of computerised data between the Community and Lithuania,- reinforce customs activities at the border, and cooperation with other services at the border (border guards, veterinary and phytosanitary services). Implement the customs ethics policy.External relations- take the necessary measures to ensure that any international treaties or agreements including bilateral investment treaties incompatible with the acquis are renegotiated or terminated by accession.Financial control- implement the methodology for financial management and control and for internal audit throughout the government in a harmonised way,- train human resources in the area of public internal financial control, the national fund included,- adopt and implement external and internal audit standards in line with internationally approved and Community compliant standards, adopt control and audit manuals, prepare audit trails and methods for reporting, monitoring and accounting of national and Community funds,- complete the legislative framework of the State Control Office including the enhancement of its independent status,- designate a contact point for the protection of the Communities' financial interests and start cooperating effectively with OLAF through this contact point,- strengthen the fight against fraud,- continue efforts to ensure the correct use, control, monitoring and evaluation of Community pre-accession funding as a key indicator of Lithuania's ability to implement the financial control acquis.5. ProgrammingFor the period 2000 to 2006, in addition to PHARE, financial assistance to Lithuania comprises support for pre-accession measures for agriculture and rural development through the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87); and support for infrastructure projects in the fields of environment and transport through the structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73), which gives priority to measures similar to the Cohesion Fund in the pre-accession period. Under these national allocations, Lithuania can also fund part of its participation in Community programmes including the research and technological development framework programmes and programmes in the areas of education and Enterprise. In addition Lithuania will have access to funding from multicountry and horizontal programmes directly related to the acquis. Joint financing by the applicant States is systematically required for all investment projects. Since 1998 the Commission has worked with the European Investment Bank and the International Financial Institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession priorities.6. ConditionalityCommunity assistance for financing projects through the three pre-accession instruments PHARE, ISPA and Sapard is conditional on respect by Lithuania of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this revised Accession Partnership. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.7. MonitoringThe implementation of the Accession Partnership is monitored in the framework of the Europe Agreement. As underlined by the European Council in Luxembourg, it is important that the institutions of the Europe Agreement continue to be the framework within which the adoption and implementation of the acquis can be examined. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting the Partnership's priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The PHARE Management Committee ensures that actions financed under all three pre-accession instruments, PHARE, ISPA, and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in the Coordinating Regulation (Council Regulation (EC) No 1266/1999, OJ L 161, 26.6.1999, p. 68).The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.(1) The order of presentation is that used as from the 2000 regular reports.


title: 2011/359/CFSP: Political and Security Committee Decision EUJUST LEX-IRAQ/1/2011 of 21 June 2011 concerning the appointment of the Head of Mission for the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ

text:
               22.6.2011

               EN

               Official Journal of the European Union

               L 162/14

         POLITICAL AND SECURITY COMMITTEE DECISION EUJUST LEX-IRAQ/1/2011
   of 21 June 2011
   concerning the appointment of the Head of Mission for the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ
   (2011/359/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2010/330/CFSP of 14 June 2010 on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ (1), and in particular Article 9 thereof,
   Whereas:

               (1)

               Pursuant to Decision 2010/330/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ (hereinafter referred to as ‘EUJUST LEX-IRAQ’), including in particular, the decision to appoint a Head of Mission.

               (2)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of the current Deputy Head of Mission of EUJUST LEX-IRAQ, Mr Carl TORNELL as Head of Mission from 1 July 2011 until the subsequent appointment of a new Head of Mission,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Carl TORNELL is hereby appointed as Head of Mission of EUJUST LEX-IRAQ as from 1 July 2011 until the subsequent appointment of a new Head of Mission.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 June 2011.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 149, 15.6.2010, p. 12.


title: 2005/947/EC: Commission Decision of  23 December 2005  on the continuation in the year 2006 of Community comparative trials and tests on seeds and propagating material of  Agrostis  spp.,  D. glomerata  L.,  Festuca  spp.,  Lolium  spp.,  Phleum  spp.,  Poa  spp. including mixtures and  Asparagus officinalis  under Council Directives 66/401/EEC and 2002/55/EC started in 2005   (Text with EEA relevance)

text:
               24.12.2005

               EN

               Official Journal of the European Union

               L 342/103

         COMMISSION DECISION
   of 23 December 2005
   on the continuation in the year 2006 of Community comparative trials and tests on seeds and propagating material of Agrostis spp., D. glomerata L., Festuca spp., Lolium spp., Phleum spp., Poa spp. including mixtures and Asparagus officinalis under Council Directives 66/401/EEC and 2002/55/EC started in 2005
   (Text with EEA relevance)
   (2005/947/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1),
   Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (2),
   Having regard to Commission Decision 2005/5/EC of 27 December 2004 setting out the arrangements for Community comparative trials and tests on seeds and propagating material of certain plants of agricultural and vegetable species and vine under Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 92/33/EEC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC for the years 2005 to 2009 (3), and in particular Article 3 thereof,
   Whereas:

               (1)

               Decision 2005/5/EC sets out the arrangements for the comparative trials and tests to be carried out under Council Directives 66/401/EEC and 2002/55/EC as regards Agrostis spp., D. glomerata L., Festuca spp., Lolium spp., Phleum spp., Poa spp. including mixtures and Asparagus officinalis from 2005 to 2009.

               (2)

               Tests and trials carried out in 2005 should be continued in 2006,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Community comparative trials and tests which began in 2005 on seeds and propagating material of Agrostis spp., D. glomerata L., Festuca spp., Lolium spp., Phleum spp., Poa spp. including mixtures and Asparagus officinalis shall be continued in 2006 in accordance with Decision 2005/5/EC.

      Done at Brussels, 23 December 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 2004/117/EC (OJ L 14, 18.1.2005, p. 18).

      (2)  OJ L 193, 20.7.2002, p. 33. Directive as last amended by Directive 2004/117/EC.

      (3)  OJ L 2, 5.1.2005, p. 12.


title: Decision (EU) 2015/1630 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section IX — European Data Protection Supervisor

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/138

      DECISION (EU) 2015/1630 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section IX — European Data Protection Supervisor
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the general budget of the European Union for the financial year 2013 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2013 (COM(2014) 510 — C8-0154/2014) (2),

                  —

                  having regard to the Court of Auditors' annual report on the implementation of the budget concerning the financial year 2013, together with the institutions' replies (3),

                  —

                  having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 55, 99, 164, 165 and 166 thereof,

                  —

                  having regard to Rule 94 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0118/2015),

         1.

            Grants the European Data Protection Supervisor discharge in respect of the implementation of the budget of the European Data Protection Supervisor for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this Decision and the resolution forming an integral part of it to the European Council, the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ L 66, 8.3.2013.

         (2)  OJ C 403, 13.11.2014, p. 1.

         (3)  OJ C 398, 12.11.2014, p. 1.

         (4)  OJ C 403, 13.11.2014, p. 128.

         (5)  OJ L 248, 16.9.2002, p. 1.

         (6)  OJ L 298, 26.10.2012, p. 1.


Avis juridique important

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31995D0447

95/447/EC, Euratom, ECSC: Commission Decision of 2 October 1995 adjusting the weightings applicable from 1 September 1993 to the remuneration of officials of the European Communities serving in third countries

Official Journal L 263 , 04/11/1995 P. 0022 - 0023

COMMISSION DECISION of 2 October 1995 adjusting the  weightings applicable from 1 September 1993 to the remuneration of officials of the European  Communities serving in third countries (95/447/EC, Euratom, ECSC)THE COMMISSION OF  THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing a Single Council and a Single Commission of the European  Communities, Having regard to the Staff Regulations of the Officials of the European Communities laid down by  Regulation (EEC, Euratom, ECSC) No 259/68  (1), as last amended by Regulation (ECSC, EC, Euratom)  No 3161/94  (2), and in particular the second paragraph of Article 13 of Annex X thereto, Whereas pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council  Regulation (EC, Euratom, ECSC) No 793/95  (3) laid down the weightings to be applied from 1 July  1993 to the remuneration of officials serving in third countries, payable in the currency of their  country of employment; Whereas the Commission has made a number of adjustments to these weightings in recent months,  pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations  (4); Whereas, some of these weightings should be adjusted with effect from 1 September 1993 given that  the statistics available to the European Commission show that in certain third countries the  variation in the cost of living measured on the basis of the weighting and the corresponding  exchange rate has exceeded 5  % since weightings were last laid down, DECIDES: Sole Article With effect from 1 September 1993 the weightings applicable to the  remuneration of officials serving in third countries payable in the currency of their country of  employment are adjusted as shown in the Annex. The exchange rates for the calculation of such remuneration shall be those used for implementation  of the budget of the European Union during the month preceding the date on which this Decision  takes effect, namely August 1993. Done at Brussels, 2 October 1995. For the Commission Karel VAN MIERT Member of the Commission  ANNEX >TABLE>