[Here are the by-laws in their entirety which apply to the European Parliament, adopted on June 2nd, 2003. Please scroll down to the bottom on the rules to discover that two entities have been awarded preferential treatment by the European Parliament: South Africa and… The Palestinian Authority- DB]

Rules applicable to the secondment of national officials to the european parliament and secondment of european parliament officials and temporary staff of political groups to national, international and regional bodies

3 June 2003

The Bureau of the European Parliament

Having regard to Rule 22 of the European Parliament’s Rules of Procedure,

After consulting the Joint Committee

After the Staff Committee

Whereas it is in the interest of the European Parliament to ensure greater collaboration and close working relationships between the Community civil service and that of the Member States and candidate States or international organisations and to develop exchanges of information and experience

Whereas “secondment” of European Parliament staff within the meaning of these rules is intended to be covered by Article 35(a), not by Article 35(b) of the Staff Regulations

Chapter I: Scope of the Rules

Article 1 – Scope

These Rules shall apply to national officials (referred to below as “SNO”s) seconded to the Secretariat of the European Parliament and to the secretariat of political groups of the European Parliament, by an international, national or regional public authority and to European Parliament officials and temporary agents of political groups seconded to such international, national or regional authorities.

Chapter II: Rules Governing Secondment of National Officials to the European Parliament

Section A: General provisions of employment

Article 2 – Conditions of secondment

1. Except where the Secretary General of the European Parliament grants a derogation, a SNO must be a national of a Community Member State, of a state which has applied for accession, on condition that the accession process has been launched and has not been discontinued, or of a state or territory listed in Annexe A. Derogations shall not be required for SNOs from countries belonging to the European Economic Area (EEA) who are seconded under the terms of agreements signed with these countries and under the ad hoc conditions laid down. Account shall be taken of geographical and gender balance and equality of opportunity when admitting SNOs.

2. In order to be admitted as an SNO in the European Parliament the SNOs shall remain in paid employment in their administration of origin throughout the period of secondment. They shall not, during the twelve months preceding their secondment, have been party to any contract with the European Parliament, whether paid or otherwise. At the time of secondment the official shall have been employed by his or her current employer for at least one year.

3. Secondment shall be implemented by an exchange of letters between the Secretary General of the European Parliament or the Appointing Authority of the political group and the administration concerned or the Office of the Permanent Representative of the Member State concerned, or the international organisation, as the case may be. Correspondence shall be exchanged with the EFTA Secretariat for countries of the European Economic Area, and with the appropriate diplomatic missions for non-Member countries.

4. Persons employed in the private sector cannot be seconded to the European Parliament.

5. Prior to any secondment, the department to which the SNO is to be assigned shall state to the Secretary-General that there is no conflict of interest between the candidate SNO and the tasks to be entrusted to him or her. The SNO shall also be required to submit a declaration on his/her honour declaring that there is no risk of conflict of interests between the functions he performs for his employer or the professional activities of his close family and the tasks to be entrusted to him as a SNO.

6. Where the directorate-general to which a SNO is to be assigned considers that the nature of its activities requires particular security precautions, security clearance should be obtained before the recruitment of the SNO.

7. Both parties shall communicate to the competent department of the Directorate-General for Personnel any change which takes place during the secondment.

8. In the event of doubt, the department to which the official has been assigned shall consult the department of the Directorate-General for Personnel responsible for managing SNOs.

Article 3 – Basic conditions for professional experience and knowledge of languages in order to qualify for secondment

1. To qualify for secondment to the European Parliament a national official must have at least three years’ full time experience of administrative, scientific, technical, advisory or supervisory duties in a grade equivalent to Categories A/LA or B as defined in the Staff Regulations of Officials of the European Communities.

2. A SNO from a Member State must have a thorough knowledge of one official EU language, and a satisfactory knowledge of a second official EU language. A SNO from a non-Member country must have a thorough knowledge of at least one official EU language.

Article 4 – Period of secondment

1. The period of secondment may be not less than one month and not more than one year; it may be renewed successively up to a total period not exceeding three years. The secondment shall commence on either the first or the sixteenth day of the month.

2. The proposed period of secondment shall be fixed at the outset in the exchange of letters provided for in Article 2, paragraph 3. The same procedure shall apply in the case of a renewal of the period of secondment.

3. A national official who has already served on secondment may be permitted to serve on a new secondment, subject to the following conditions:

a. the SNO has actually rejoined his or her original employer;

b. the SNO continues to fulfil the conditions of eligibility for secondment.

c. a period of at least three years must have elapsed between the end of the previous period of secondment and a new secondment; if at the end of the first secondment, the SNO remains within the European Parliament on the basis of a different, contractual arrangement, the three-year period shall begin to run from the expiry of that contract.

Article 5 – Place of secondment

1. The place of secondment may be either Brussels or Luxembourg.

2. The place of secondment shall be specified in the exchange of letters provided for in Article 2, paragraph 3.

Article 6 – Place of recruitment

1. For the purpose of these Rules, the place of recruitment shall be the place where the SNO performed his or her duties prior to secondment;

2. If, on recruitment a SNO is already on secondment on behalf of his or her employer in a place different from his or her usual place of work, the place of recruitment shall be either the last place of secondment or the usual place of work, whichever of the two is closer to the place of secondment as defined in Article 5(1)

3. The place of recruitment shall be specified in the exchange of letters provided for in Article 2, paragraph 3.

Section B: Duties, rights and obligations

Article 7 – Duties

1. SNOs shall assist European Parliament officials or temporary agents and carry out the duties assigned to them in the context of a predetermined job description.

2. SNOs shall take part in missions or meetings other than service meetings only:
– if accompanying a European Parliament official or temporary agent, or
– if alone, either as an observer or for information purposes. Under no circumstances may a SNO on his or her own represent the European Parliament with a view to entering into commitments (financial or otherwise) or negotiating on its behalf.

3. The European Parliament shall remain solely responsible for approving the results of any tasks performed by the SNO and for signing any official documents arising from them.

Article 8 – Rights and obligations

1. The provisions of Articles 11 to 22 of the Staff Regulations concerning the rights and obligations of officials shall apply by analogy.

2. SNOs shall be subject to the code of conduct applying to the Secretariat of the European Parliament.

Section C: Working conditions

Article 9 – Working hours

1. SNOs shall be bound by the rules on working hours in force in the European Parliament.

2. SNOs shall serve on a full time basis throughout the period of secondment. However, following a duly motivated request originating from the directorate-general to which the SNO is assigned or from the SNO and subject to compatibility with the interests of Parliament, the Head of the Personnel Division may authorise part-time working by a SNO after agreement by her or his employer. In this case, the amount of annual leave and daily allowances will be reduced in accordance with Article 11, paragraph 5, and Article 12, paragraph 3.

The request for part-time work must be signed by all hierarchical superiors of the SNO before being forwarded to the Personnel Division.

Article 10 – Interruptions in periods of secondment

1. The European Parliament may authorise interruptions in periods of secondment and specify the terms applicable. During such interruptions:

(a) the daily subsistence allowance referred to in Article 12 shall not be payable;

(b) the travel expenses referred to in Article 13 shall be payable only if the interruption is at Parliament’s request.

2. A decision on an interruption in the period of secondment shall be taken by either the Secretary-General of the European Parliament or the SNO’s employer after an exchange of letters as provided in Article 2, paragraph 3.

3. The secondment may be extended for a period equal to the period of interruption, with the agreement of all parties concerned.

Article 11 – Sick leave, annual leave, special leave, public holidays and maternity leave

1. The provisions of Articles 57 to 61 of the Staff Regulations, except Article 59, paragraph 1, 4th subparagraph, concerning leave and public holidays, shall apply by analogy.

2. However, the period of paid sick leave provided for in Article 59 of the Staff Regulations, shall not exceed one month or a period equivalent to that already worked by the SNO where the latter is longer. Such leave may not extend beyond the duration of the secondment of the person concerned.

At the end of the above periods the allowances referred to in Article 12, paragraph 1, shall be automatically suspended by a decision of the Head of the Personnel Division.

3. However, SNOs who are the victim of an occupational accident which occurs during the secondment shall continue to receive the allowance in full throughout the period during which they are unfit for work up to the end of the duration of the secondment.

4. Provisions in the Staff Regulations concerning days of leave which refer to travelling time, age and category are not applicable to SNOs.

5. For part-time work, annual leave is reduced accordingly.

6. Where the national legislation of the SNO’s employer grants a longer period of maternity leave than the period provided for in the Staff Regulations, an interruption in the secondment shall be applied for the period exceeding that granted by the European Parliament. A period equivalent to the interruption shall be added to the end of the secondment if the interests of the European Parliament warrant it.

7. A SNO may, as an alternative, apply for an interruption in the secondment to cover the whole of the period taken for maternity leave. Such an interruption shall likewise be subject to the provisions of paragraph 6, second subparagraph, of this Article.

8. Management and control of leave, working time and absences shall be the responsibility of the directorate general or service to which the national official is assigned.

9. Days of annual leave not taken by the end of the secondment shall not be reimbursable.

Section D: Allowances and expenses

Article 12 – Subsistence allowances

1. SNOs shall be entitled, throughout the period of secondment, to a daily subsistence allowance, except where their employer determines otherwise. This allowance shall be paid monthly in arrears.

If the SNO’s country of origin is a Community Member State or a country belonging to the European Economic Area the allowance payable shall be ‡50,-per calendar day. If the country of origin is a candidate state or one of the states or territories listed in Annexe A, the allowance shall be equal to two-thirds of the long-term mission allowance (as payable to European Parliament officials in grades not senior to A4) laid down for the place of secondment per calendar day.

2. No daily allowance shall be paid to the SNO
a) if the place of recruitment is the same as the place of secondment
b) if at the time of recruitment the SNO’s spouse resides at the place of secondment
c) in any case where the secondment does not imply a change in the place of residence

3. For part-time work the daily allowance shall be reduced proportionately.

4. On taking up their duties, SNOs shall receive the equivalent of 30 days’ subsistence allowance paid in advance. Once this payment has been made, there shall be no further entitlement to allowances for the corresponding period.

If a SNO definitively ends his or her secondment with the Parliament before expiry of the period taken into account for calculation of the advance payment, that portion of the payment made to the SNO corresponding to the period not spent on secondment shall be recoverable.

5. The amount of the subsistence allowance for SNOs shall be subject to periodic revision, carried out on the initiative of the Head of the Personnel Divison and subject to approval by the Secretary-General.

Article 13 – Travel expenses

1. SNOs from a candidate state or one of the states or territories listed in Annexe A may on a decision by the Head of the Personnel Division, receive reimbursement of their own travel expenses, if they are not already covered by their employer.
– From the place of recruitment to the place of secondment at the beginning of the period of secondment;
– From the place of secondment to the place of recruitment at the end of the period of secondment.

2. The amount reimbursed shall be based on the cost of the second class rail fare where the single journey does not exceed 500 km. Where the journey exceeds 500 km or the standard route involves a sea crossing, payment shall be based on the cost of a reduced price (PEX or APEX) air ticket. Tickets and boarding cards must be submitted. If the SNO has travelled by car he/she must submit a declaration on his/her honour.

Article 14 – Missions and mission expenses

If a SNO is sent on mission he/she shall be reimbursed mission expenses in accordance with the rules and conditions relating to the payment of mission expenses in force at the European Parliament. During his/her mission the SNO shall continue to receive the total amount of the daily allowances referred to in Article 12.

Section E: Training

Article 15 – Training

SNOs may be authorised by the director-general of the service to which they are assigned to attend training courses organised by the European Parliament if the interests of the Parliament warrant it.

In this case the department of the Directorate-General for Personnel responsible for managing SNOs shall be informed.

Section F: Social security

Article 16 – Social security

SNOs will remain subject throughout the period of secondment to the social security legislation applicable in their administration of origin. Prior to the secondment, the SNO’s employer shall certify to the European Parliament that the SNO will be covered by the social security regime applicable to that civil service and that the employer will assume responsibility for expenses incurred abroad.

Section G: Termination of secondment

Article 17 – Termination of periods of secondment

1. Periods of secondment may be terminated before the foreseen date on the basis of a duly motivated request either from the Secretary-General of the European Parliament or from the SNO’s employer. Periods of secondment may also be terminated before the foreseen date for any other sufficient cause at the SNO’s request, subject to the prior agreement of his/her employer and the European Parliament.

2. Failure to comply with the provisions of Article 7, paragraphs 1 and 2, and Article 8 may cause the European Parliament to terminate the secondment.

3. A decision on termination of secondment before the foreseen date shall be taken by the Secretary-General of the European Parliament after an exchange of letters as provided in Article 2, paragraph 3, with one month notice. This period may be shorter if special circumstances justify it.

Chapter III:

Rules governing secondments of european parliament officials and temporary staff of political groups to national, international and regional bodies

Article 18

Officials of the European Parliament and temporary agents of political groups may, on a decision of the Secretary-General or of the Appointing Authority of the political group, be seconded to national or regional parliaments with legislative competence or to central or regional administrations of the Member States or of the candidate countries or to international organisations. This secondment shall take place with the agreement of the official or temporary agent concerned.

So far as possible, priority shall be accorded to secondments to parliamentary bodies.

Article 19 – Conditions of secondment

1. These Rules shall apply to European Parliament officials and temporary agents of the political groups in categories A/LA and B.

2. At the time of secondment
– the official must have been employed for at least one year by the European Parliament and he/she must have been established as an official.
– the temporary agent must have been employed for at least one year by the political group and his/her probationary period must have been completed.

3. Any decision concerning secondment in accordance with these rules must be taken in the interest of the service.

Article 20 – Administrative and financial position

1. Officials seconded in accordance with Article 18 above shall remain subject to the Staff Regulations of Officials of the European Communities. They shall retain their administrative assignment, rights to advancement and eligibility for promotion. The place of employment shall remain that on which the official carried out his or her duties on the day before the secondment commenced. During the secondment the official or temporary agent may be replaced only by a member of the auxiliary staff.

2. During the secondment, management and control of working time and absences shall be the responsibility of the host administration.

Any application for annual or special leave authorised by the host administration shall be transmitted to the competent service of the European Parliament or to the secretariat of the political group.

At the end of the secondment a list of the days of leave taken and of any other absence shall be submitted to the competent service of the European Parliament or to the secretariat of the political group.

3. At the end of the secondment an evaluation report of the seconded official or temporary agent shall be submitted by the host administration to the Secretary-General of the European Parliament or to the Appointing authority of the political group. This report will be taken into account during the establishment of the annual staff report relevant to the period of secondment.

4. The European Parliament shall continue to pay the secondee’s salary, may grant a subsistence allowance equal to two-thirds of the long-term mission allowance laid down for the place of secondment and may reimburse travelling expenses incurred at the beginning and end of the secondment.

However the subsistence allowance shall not be granted
– if the place of secondment is the same as the place of employment
– if at the time of the secondment the spouse of the official or the temporary agent reside at the place of secondment
– in any case where the secondment does not imply a change in the place of residence

5. The seconded official or temporary agent may not receive any salary, allowance or other financial compensation from the host administration without prior permission of the Secretary-General of the European Parliament or the Appointing Authority of the political group.

Article 21 – Period of secondment

1. The duration of secondments shall be subject to a maximum of twelve months, with no possibility of extension.

2. Interruptions in periods of secondments may be authorised on the basis of a duly motivated request either from the Secretary-General of the European Parliament or the Appointing Authority of the political group or of the host administration. During such interruptions the daily subsistence allowance, referred to in Article 20, paragraph 4, shall not be payable.

The secondment may be extended for a period equal to the period of interruption, with the agreement of all parties concerned. In that case the travel expenses as referred to in Article 20, paragraph 4, shall be payable by the Administration having asked for the interruption.

3. An official or temporary agent may not commence a further secondment within five years of the date of completion of a previous secondment.

Article 22 – Termination of secondment

1. Periods of secondment may be terminated before the foreseen date on the basis of a duly motivated request from any of the parties concerned.

2. A decision on termination of secondment before the foreseen date shall be taken by the Secretary-General of the European Parliament or the Appointing Authority of the political group with one month notice. This period may be shorter if special circomstances justify it.

3. At the end of his/her secondment the official or temporary agent shall at once be reinstated in the post formerly occupied by him/her.

Chapter IV: Final Provisions

Article 23

1. These Rules shall enter into force on 2 June 2003 and replace the Rules of 13 May 2002.

2. These Rules shall apply to all new and renewed secondments where the SNO or the official of the European Parliament or the temporary agent of the political group takes up duties on the date of entering into force or any date thereafter.

Annexe A: States and territories other than member-states, EEA countries and candidate countries to which the present rules are applicable

Palestinian Authority
Republic of South Africa

Adopted by the Bureau on 2 June 2003.

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