Council Decision 2009/747/CFSP of 14 September 2009 concerning the Staff Regulations of the European Union Satellite Centre

• Published date: 21 October 2009
• Subject Matter: Common foreign and security policy
• Official Gazette Publication: Official Journal of the European Union, L 276, 21 October 2009

21.10.2009 EN Official Journal of the European Union L 276/1

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COUNCIL DECISION 2009/747/CFSP

of 14 September 2009

concerning the Staff Regulations of the European Union Satellite Centre

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Joint Action 2001/555/CFSP of 20 July 2001 on the establishment of a European Union Satellite Centre (1) as amended by Council Joint Action 2006/998/CFSP of 21 December 2006 (2), and in particular Article 9(3) thereof,

Having regard to the recommendation from the Director of the European Union Satellite Centre,

Whereas:

(1) The Satellite Centre is an agency of the European Union, affiliated to the Coordinated Organisations. The Staff Regulations of the European Union Satellite Centre should be adapted to the development of the Centre and therefore it is necessary to review in particular the provisions regarding the contract system for staff members on permanent tasks, the possibility of temporary posts, equal treatment, the provisions on leave and flexible working time and the provisions on disciplinary measures.

(2) The Staff Regulations of the European Union Satellite Centre, as adopted by the Council on 21 December 2001 (3), and as amended by the Director with the assent of the Board on 15 June 2005 (4), should therefore be amended and replaced,

HAS DECIDED AS FOLLOWS:

Article 1

The Staff Regulations of the European Union Satellite Centre, as adopted by the Council on 21 December 2001, and as amended by the Director with the assent of the Board on 15 June 2005 with regard to Title II, Chapter III, Article 14(2) and Title II, Chapter IX, are replaced by the Staff Regulations annexed to this Decision.

Article 2

This Decision shall take effect on the first day of the month following its adoption. It shall be published in the Official Journal of the European Union.

Done at Brussels, 14 September 2009.

For the Council

The President

C. MALMSTRÖM

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(1) OJ L 200, 25.7.2001, p. 5.

(2) OJ L 405, 30.12.2006, p. 60; OJ L 29, 3.2.2007, p. 23; OJ L 140, 1.6.2007, p. 58.

(3) OJ L 39, 9.2.2002, p. 44.

(4) OJ L 235, 12.9.2005, p. 28.

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STAFF REGULATIONS OF THE EUROPEAN UNION SATELLITE CENTRE

TABLE OF CONTENTS

TITLE I — GENERAL PROVISIONS

TITLE II — STATUS OF STAFF MEMBERS

CHAPTER I General provisions

CHAPTER II Recruitment and duration of appointment

CHAPTER III Salaries and allowances

CHAPTER IV Travel costs

CHAPTER V Internal organisation

CHAPTER VI Reports and promotion

CHAPTER VII Disciplinary measures

CHAPTER VIII Appeals and Appeals Board

CHAPTER IX Pension schemes

CHAPTER X Secondment of the Centre’s staff members

TITLE III — PROVISIONS APPLICABLE TO LOCAL STAFF

TITLE IV — REPRESENTATION OF EMPLOYEES

TITLE V — TRANSITIONAL PROVISIONS

ANNEX I Indemnity for loss of job

ANNEX II Expatriation allowance

ANNEX III Children and other dependants

ANNEX IV Handicapped dependants

ANNEX V Rent allowance

ANNEX VI Travel costs and removal expenses

SECTION I Travel costs of staff members and their families between their place of residence and duty station

SECTION II Removal expenses

ANNEX VII Official duty expenses

SECTION I Means of transport

SECTION II Subsistence allowance for staff members travelling on official duty

ANNEX VIII Sick leave, maternity and paternity leave, parental leave and other special leave

ANNEX IX Disciplinary proceedings

SECTION 1 General provisions

SECTION 2 Disciplinary Board

SECTION 3 Disciplinary measures

SECTION 4 Disciplinary proceedings not involving the Disciplinary Board

SECTION 5 Disciplinary proceedings before the Disciplinary Board

SECTION 6 Suspension

SECTION 7 Parallel criminal prosecution

SECTION 8 Final provisions

ANNEX X Appeals Board

TITLE I

GENERAL PROVISIONS

Article 1

General provisions

1. These Staff Regulations shall apply to employees recruited under contract by the European Union Satellite Centre (hereinafter referred to as ‘employees’ and ‘the Centre’ respectively), except where the Board has taken decisions to the contrary in respect of hors grade personnel.

2. The term ‘employee’ covers the following natural persons:

(a) staff members, who hold contracts with the Centre and occupy budget posts listed in the table of staff members annexed each year to the Centre’s budget;

(b) local staff, who hold contracts with the Centre under the local national legislation.

3. Any reference in these Staff Regulations to a person of the male sex shall be deemed also to constitute a reference to a person of the female sex, and vice-versa, unless the context clearly indicates otherwise.

4. The table of staff members annexed to the budget of the Centre shall indicate the number of posts in each category and grade.

The table of staff members shall differentiate between permanent posts and temporary posts. Permanent posts are posts relating to the core tasks of the Centre and to tasks of a permanent nature. Temporary posts are posts attached to projects or activities of limited duration.

5. The Director of the Centre is authorised to make amendments of a technical nature to these Staff Regulations which do not amount to a modification of the fundamental principles laid down in these Staff Regulations, with the assent of the Board.

Article 2

Provisions applicable to all employees

1. Authority

Employees shall be subject to the authority of the Director and responsible to him for the performance of their duties, which they shall undertake to carry out as scrupulously and conscientiously as possible.

2. Declaration

On accepting engagement with the European Union Satellite Centre each employee shall subscribe to the following declaration:

‘I solemnly undertake to exercise in all loyalty, discretion and conscience the functions entrusted to me as employee of the European Union Satellite Centre, and to discharge these functions with only the interests of the Centre in view. I further undertake not to seek or accept instructions in regard to the performance of my duties from any government or from any authority other than the Centre.’

3. Conduct

Employees shall conduct themselves at all times in a manner compatible with their status as representatives of the European Union Satellite Centre. They shall abstain from any action or activity that may in any way undermine the dignity of their position or the good name of the Centre.

4. Responsibility

An employee may be required to make good, in whole or in part, any damage suffered by the Centre as a result of serious misconduct on his part in the course of or in connection with the performance of his duties.

A reasoned decision shall be given by the Director in accordance with the procedure laid down in Annex IX.

The Appeals Board shall have unlimited jurisdiction in disputes arising under this provision.

5. Security

Employees shall, on engagement, acquaint themselves with the Centre’s security regulations. They shall sign a declaration whereby they acknowledge their disciplinary and financial responsibility in the event of non-compliance with those regulations.

(a) All employees may be required to have security clearance giving them access to classified documents in the course of their duties. A request for such clearance will be addressed to the competent authorities by the Centre. Pending official clearance, temporary access to classified information may be granted by the Director in exceptional cases and emergencies.

(b) Employees shall inform the Security Officer immediately in the event of the suspected loss or compromise of a classified document.

6. Assistance and compensation

The Centre shall provide assistance to employees who, by reason of their current appointment or duties at the Centre, and through no fault of their own, are subject to threats, insults, defamation or attack. Compensation for any material damage sustained may be granted provided that:

(a) the employee has not wilfully or through negligence provoked the damage in question;

(b) no redress has been obtained;

(c) employees make over to the Centre any claims they may have against a third party, in particular insurance companies.

All decisions in this matter that could involve action or payments by the Centre shall be taken by the Director, who has a discretionary power to assess the circumstances of the case and to decide what form the assistance should take and what compensation, if any, should be granted.

7. Proprietary rights

All rights, including title, copyright and patent rights, in any work carried out by an employee in the performance of his official duties, shall be vested in the Centre.

8. External activities

(a) An employee shall not without the permission of the Director accept from any government or from any other source outside the Centre any honour, decoration, favour, gift or payment of any kind whatever, except for services rendered either before his appointment or during special leave for military or other national service and in respect of such service.

(b) Employees shall abstain from any public action or statement or publication if such action, statement or publication is incompatible with the duties or obligations of an international civil servant or liable to involve the moral or material responsibility of the Centre.

(c) An employee shall not hold any post or have any regular or paid occupation outside the Centre

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