Council Decision (CFSP) 2017/824 of 15 May 2017 concerning the Staff Regulations of the European Union Satellite Centre

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

• 1.Staff members whose place of residence is more than 100 kilometres from their duty station shall be entitled, subject to the provisions of Article 16 of the Staff Regulations, to reimbursement of the actual costs of travel:

• (a) on taking up their appointment, for travel from their place of residence to their duty station;

• (b) on transfer from the duty station where they were recruited to another duty station more than 100 kilometres away;

• (c) on leaving their appointment:
• (i) either for travel from their duty station to their place of residence at the time they were recruited;
• (ii) or, for travel from their duty station to a place of residence other than that mentioned above, provided that the expenditure to be reimbursed is not greater.

• 2.Reimbursement of the travel costs mentioned in paragraph 1 shall be totally or partially refused in the following cases:

• (a) where entitlement has not been established at the time a staff member takes up his appointment;

• (b) if all or part of the expenditure in question has been paid by a government or other body;

• (c) where a staff member leaves his appointment, if the journey does not take place within a period of three months starting from the date the staff member's duties cease, or if the application for reimbursement has not been received by the SATCEN's Administration within 30 days of the journey;

• (d) when the staff member's duties cease, if the person concerned has resigned before completing twelve months' service at the SATCEN.

• 3.Staff members who satisfy the conditions listed in paragraphs 1 and 2, and who receive the household allowance, shall also be entitled to:

• (a) the reimbursement of travel costs actually incurred by their spouse or registered partner and dependent children when they join the staff member at his duty station;

• (b) the reimbursement of travel costs actually incurred by their spouse or registered partner and dependent children when their duties cease, except that the reimbursement may be refused if the staff member resigns before having completed twelve months' service at the SATCEN.

• 4.Spouses, registered partners, dependent children or other dependants as defined in Annex III shall be deemed to be of the same grade as the staff member concerned.

Section II

Moving expenses

• 1.Staff members whose place of residence is more than 100 kilometres from their duty station shall be entitled to the reimbursement of expenses actually incurred for moving their household effects on the following occasions:

• (a) on taking up their appointment;

• (b) on transfer for a duration exceeding 12 months from one duty station to another duty station that is over 100 kilometres away;

• (c) when leaving the SATCEN, except that the reimbursement may be refused if the staff member resigns before having completed twelve months' service at the SATCEN.

• 2.Reimbursement covers expenses incurred for moving household effects, including packing and the cost of insurance against ordinary risks (breakage, theft, fire).

• To claim expenses under this Section, staff members must submit at least two estimates for prior approval by the Head of Administration. The estimates must refer to the same weight (or volume), transported over the same distance.

• The Head of Administration may, if he considers the estimates excessive, request estimates from other moving firms.

• 3.Staff members may only claim reimbursement under this Section if the expenditure in question is not reimbursable by a government or other authority.

ANNEX VII

OFFICIAL DUTY EXPENSES

(Referred to in Articles 18 of the Staff Regulations)

Staff members travelling on official SATCEN duty shall be entitled to reimbursement of all of their travel costs and to a daily allowance to cover subsistence when away from their place of duty in accordance with the provisions of Article 18 of the Staff Regulations.

Section I

Means of transport

1. General rules

Travel by staff members on duty shall be performed by the most economic means available, subject to the derogations provided for in this Section.

Air and rail travel are considered to be the normal means of transport. The Director may, however, authorise staff members on official duty to use a private or official car, in particular when a doctor certifies that they cannot travel by air for medical reasons, and that travel by rail is not possible, too long or too expensive.

If a staff member travelling on official duty chooses, and is authorised, to travel by means other than the most economic available, the following rules shall apply:

• (a) he shall be entitled only to reimbursement of the cost of the journey by the most economic means of transport;

• (b) he shall be entitled to subsistence allowance only for the length of time he would have taken had his journey been made by the most economic means available;

• (c) working time taken by him in consequence of such travel in excess of the time which would have been taken had he travelled by the most economic means available will count against his annual leave entitlement.

2. Air travel

• (a) All air travel shall be in economy class or equivalent, except where authorised by the Director.

• (b) Staff members shall be entitled to business class or equivalent travel for journeys involving a flight of over four hours or a total time of travel of at least four hours involving two flights.

3. Rail Travel

• (a) Staff members of grades A and B shall be entitled to first class travel.

• (b) For journeys by rail involving night travel of a minimum duration of six hours, staff members shall be entitled to reimbursement of the costs of sleeping berths or sleeping compartments.

4. Road journeys — use of private cars

• (a) Staff members may be authorised to travel by private car in the interests of the SATCEN. In such cases, they shall be entitled to an allowance per kilometre calculated on the basis of the quickest usual route. The allowance shall be calculated on the basis of the rate applying in the country where the SATCEN is located, irrespective of the country or countries where the travel takes place. The rates in use shall be promulgated in an administrative memorandum. The total sum paid may not exceed the amount that the SATCEN would otherwise have had to disburse.

• (b) If the staff member concerned has been authorised to carry other members of the SATCEN, he shall be paid an additional allowance per kilometre equal to 10 % of the rate of the kilometric allowance for first passenger, and 8 % of the rate for the kilometric allowance, for each additional passenger. In such cases, passengers shall not be entitled to any reimbursement of travel costs. If the route followed involves special charges (such as tolls, or transport of the car by ship or car ferry), such charges shall be reimbursed on production of supporting vouchers, except for any costs of air travel.

• (c) Staff members using their own cars must show beforehand that they hold an insurance policy covering third party risks and risks to passengers in particular.

• (d) In the event of an accident, the SATCEN will not refund the cost of any damage to property.

Section II

Subsistence allowance for staff members travelling on official duty

• 1. Staff members travelling on official duty shall be entitled to subsistence allowance at the rates decided each year by the Board.

However, the Director may authorise:

• (a) special rates for countries where the cost of living is higher or lower than the normal rates;

• (b) the payment of subsistence allowance at a higher rate than that to which staff members would normally be entitled if this will facilitate the transaction of official business;

• (c) the payment of an allowance if sick leave has to be granted during the travel on official duty, except where the travel on official duty is being carried out in the place where the staff member lives.

• 1. Subsistence allowance shall be calculated as follows:

• (a) if the travel on official duty involves hotel accommodation the staff member concerned shall be paid the full daily allowance;

• (b) if the travel on official duty does not involve hotel accommodation:
• (i) no subsistence allowance shall be payable for periods of less than four hours;
• (ii) where the period of duty is between four and eight hours the staff members shall be entitled to 25 % of the daily allowance. For a period of more than eight hours but less than 24, the staff member shall be entitled to 50 % of the daily allowance;

• (c) official journeys carried out in the province of Madrid will not be entitled to reimbursement of a subsistence allowance. Duly authorised minor expenditure (car parking fees, kilometres, taxi, public transport costs etc.) will be paid upon receipt;

• (d) a notional period shall be added to the actual journey time for the purpose of calculating subsistence allowance to allow for travelling time to/from the main station or airport. This period shall be as follows:
• (i) two hours will be added before the start of the train journey (real time of train departure) and another two hours will be added after the finish (real time of train arrival);
• (ii) three hours before the start of the air travel (real time of flight departure) and another three hours will be added after the finish (real time of flight arrival);

• (e) staff members who wish to add a weekend or a leave immediately preceding the travel on official duty will receive a subsistence allowance calculated from 15.00 hrs on the day prior to the travel on official duty;

• (f) staff members who wish to add a weekend or a leave immediately following the travel on official duty will receive a subsistence allowance calculated until 22.00 hrs of the day on which the travel on official duty ends;

• (g) in the case of overnight accommodation the allowance shall be reduced by 30 % if it is included in travel fares (night ferry, sleeping berth or compartment, by rail or air) and by 50 % if it is provided by an external body.

• 1. The allowance shall be deemed to cover all the expenses liable to be incurred by a staff member travelling on official duty, except the expenses listed below, for which additional reimbursement may be claimed:

• (a) visa fees and similar charges arising directly from travel on official duty;

• (b) excess luggage charges authorised expressly by the Director;

• (c) duly justified communication charges (internet, postal, telegraphic, long-distance telephone charges, etc.) incurred for official purposes;

• (d) hospitality expenses incurred by staff members in conformity with conditions laid down by the Director;

• (e) taxi fares, provided the Director has given his prior approval and evidence of the expenditure is produced.

If in certain circumstances the expenditure on accommodation exceeds 60 % of the daily subsistence allowance, the SATCEN may reimburse the excess amount partially or totally on presentation of vouchers and sufficient proof that additional expenditure was unavoidable. This reimbursement may not exceed 30 % of the daily subsistence allowance.

ANNEX VIII

SICK LEAVE, MATERNITY AND PATERNITY LEAVE, PARENTAL LEAVE AND OTHER SPECIAL LEAVE

(Referred to in Article 22 of the Staff Regulations)

1. Absence for health reasons and sick leave

• (a) Staff members absent owing to sickness or accident for more than three consecutive days shall be required to produce a medical certificate within three days of ceasing work.

• (b) Absences occasioned by sickness or accident that last no more than three days and for which no medical certificate is provided may, if they exceed nine working days in any one calendar year, entail a corresponding reduction in the annual leave due to the staff member concerned or a corresponding reduction in his emoluments if he has already taken his annual leave in full.

• (c) Staff members absent owing to sickness or accident shall be entitled, on production of a medical certificate, to sick leave with full pay and allowances for a maximum period of 13 consecutive weeks.

• (d) A staff member may be requested to undergo a medical examination according to Article 6 paragraph 4 in the case of continuous absence exceeding 13 consecutive weeks due to sickness or accident, or in the case of the frequent recurrence of short periods of illness.

• (e) At any time during a sick leave of a staff member, the SATCEN may request a medical check by an independent body.

2. Infectious diseases, vaccination and accidents

• (a) Any staff member contracting an infectious disease must absent himself from duty and report the circumstances immediately to the Head of Administration. If an infectious disease is reported among the family or intimate friends of a staff member, the latter must immediately inform the Head of Administration and conform to such health precautions as may be prescribed by that officer. All staff members who have been in contact with a person who has contracted an infectious disease and are as a result obliged to absent themselves from duty shall be entitled to all of their emoluments; such absence shall not be deducted from either their sick leave or annual leave entitlements.

• (b) Staff members shall submit to any preventive vaccinations or inoculations that may be required.

• (c) All accidents to staff members, whether incurred at work or outside the SATCEN, however trifling they may appear at the time, must be reported immediately by the staff member to the Head of Administration, together with the names and addresses of any witnesses.

3. Special leave, marriage leave, maternity leave, paternity leave, parental leave and special paid leave

• (a) Special leave with full or part pay, not exceeding eight working days per year, or without pay, may be granted by the Director of the SATCEN for exceptional or urgent private reasons.

• (b) Special leave of six working days with full pay shall be granted on the occasion of the marriage of a staff member.

• (c) Maternity leave on full pay, and not to be charged against sick or annual leave, shall be granted to staff members on production of an appropriate medical certificate. Maternity leave shall be for 16 weeks.

• (d) The leave shall start not earlier than six weeks before the expected date of confinement shown in the certificate and end not earlier than 10 weeks and not later than 16 weeks after the date of confinement. In the case of multiple or premature birth or the birth of a disabled child, the duration shall be of 20 weeks.

• (e) Maternity leave on full pay, and not to be charged against sick or annual leave, shall be granted to a female staff member who legally adopts a child aged under 18 years. Maternity leave shall be for 16 weeks and such leave shall commence from the date of arrival of the child in the child's new home. In the case of multiple adoptions or the adoption of a disabled child, the duration of the maternity leave shall be of 20 weeks.

• (f) Paternity leave of ten working days with full emoluments shall be granted to male staff members on the birth or adoption of a child who is recognised as dependent (as defined in point 3 of Article 11) and, in a case of adoption, who is under 18 years of age. It shall be increased to twelve working days in the case of a multiple birth or on the birth of a disabled child. The leave shall commence from the date of birth of the child or the arrival of the child in the child's new home, but may be postponed if the child is hospitalised.

• (g) A staff member shall be entitled to up to two months of parental leave without basic salary for every child, to be taken during the first 12 months after the birth or adoption of the child. The minimum leave taken at any one time shall not be less than one month and the period shall not count towards the accrual of annual leave. During parental leave, the staff member's membership of the social security scheme shall continue; the acquisition of pension rights, dependent child allowance, education allowance and disabled dependant allowance shall be maintained. The staff member shall retain his post, and continue to be entitled to advancement to a higher step or promotion in grade. During parental leave, the staff member shall be entitled to an allowance of EUR 800 per month, but shall not engage in any other gainful employment. The full contribution to the social security scheme shall be borne by the SATCEN. The staff member shall continue to pay his personal contribution to the Pension Scheme, and shall be entitled to the relevant benefits.

• (h) Staff members recalled to serve in the armed forces for a period of training shall be entitled to special paid leave of a maximum of two weeks a year or four weeks every two years. Periods of recall, which extend beyond these limits, shall be deducted from the staff member's annual leave. If a staff member receives financial compensation from the national authority which recalled him, the amount of such compensation shall be deducted from his salary.

ANNEX IX

DISCIPLINARY PROCEEDINGS

(Referred to in Articles 2, 27 and 31 of the Staff Regulations)

Section 1 General provisions

Article 1

In cases of absolute secrecy, no disciplinary proceedings may be opened before the staff member has been given a chance to comment.

Article 2

The Director shall inform the person concerned when the investigation ends, and shall communicate to him the conclusions of the Administrative investigation report.

On the basis of the investigation report, after having notified the staff member concerned of all evidence in the files and after hearing the staff member concerned, the Director may:

• (a) decide that no case can be made against the staff member, in which case he shall be informed accordingly in writing; or

• (b) decide, even if there is or appears to have been a failure to comply with obligations, that no disciplinary measure shall be taken and, if appropriate, address a warning to the staff member; or

• (c) in the case of failure to comply with obligations within the meaning of Article 27 of the Staff Regulations:
• (i) decide to initiate the disciplinary proceedings provided for in Section 4 of this Annex, or
• (ii) decide to initiate disciplinary proceedings before the Disciplinary Board.

Article 3

A staff member who, for objective reasons, cannot be heard under the provisions of this Annex may be asked to comment in writing or may be represented by a person of his choice.

Section 2 Disciplinary Board

Article 4

The Secretary of the Disciplinary Board shall in particular be responsible for matters of current administration of the Disciplinary Board and for all communications.

Article 5

Article 6

Section 3 Disciplinary measures

Article 7

• (a) a written warning;

• (b) a reprimand;

• (c) deferment of advancement to a higher step for a period of between one and 23 months;

• (d) relegation in step;

• (e) temporary downgrading for a period of between 15 days and one year;

• (f) downgrading;

• (g) removal from post, involving termination of contract, accompanied by total forfeiture of the loss of employment indemnity or fixed-term contract allowance.

Article 8

The severity of the disciplinary penalties imposed shall be commensurate with the seriousness of the misconduct. To determine the seriousness of the misconduct and to decide upon the disciplinary penalty to be imposed, account shall be taken in particular of:

• (a) the nature of the misconduct and the circumstances in which it occurred;

• (b) the extent to which the misconduct adversely affects the integrity, reputation or interests of the SATCEN;

• (c) the extent to which the misconduct involves intentional actions or negligence;

• (d) the motives for the staff member's misconduct;

• (e) the staff member's grade and seniority;

• (f) the degree of the staff member's personal responsibility;

• (g) the level of the staff member's duties and responsibilities;

• (h) whether the misconduct involves repeated action or behaviour;

• (i) the conduct of the staff member throughout the course of his career.

Section 4 Disciplinary proceedings not involving the Disciplinary Board

Article 9

The Director may, without consulting the Disciplinary Board, decide to close disciplinary proceedings by issuing a written warning or reprimand. In such case the staff member concerned shall be heard before such action is taken by the Director.

Section 5 Disciplinary proceedings before the Disciplinary Board

Article 10

Article 11

Article 12

If, in the presence of the Chairman of the Disciplinary Board, the staff member concerned acknowledges misconduct on his part and accepts unreservedly the report referred to in Article 10 of this Annex, the Director may, in accordance with the principle of proportionality between the nature of the misconduct and the penalty being considered, withdraw the case from the Disciplinary Board.

Where a case is withdrawn from the Disciplinary Board the Chairman shall deliver an opinion on the penalty considered. Under this procedure the Director may, by derogation from Article 9 of this Annex, impose one of the penalties provided for in Article 7(1)(a) to (d) of this Annex.

The staff member concerned shall be informed before acknowledging his misconduct of the possible consequences of such acknowledgement.

Article 13

Before the first meeting of the Disciplinary Board, the chairman may give to one of its members the task of preparing a general report on the matter and shall inform the other members of the Disciplinary Board accordingly.

The Disciplinary Board may ask to clarify some elements of the Director's Report. Both parties shall be notified regarding the outcome.

Article 14

Article 15

After consideration of documents submitted and having regard to any statement made orally or in writing, the Disciplinary Board shall, by majority vote, deliver a reasoned opinion as to whether the facts complained of are established and as to any penalty to which those facts should give rise. This opinion shall be signed by all the members of the Board. The Disciplinary Board shall transmit the opinion to the Director and to the staff member concerned within two months of the date of receipt of the report of the Director, provided that this time limit is commensurate with the degree of complexity of the case.

Article 16

Article 17

Section 6 Suspension

Article 18

Article 19

Section 7 Parallel criminal prosecution

Article 20

Where the staff member is prosecuted in respect of acts also giving rise to disciplinary proceedings under this Annex, a final decision in the disciplinary proceedings shall be taken only after a final judgment has been handed down by the court hearing the case.

Section 8 Final provisions

Article 21

A staff member against whom a disciplinary penalty other than removal from post has been ordered may, after three years in the case of a written warning or reprimand or after six years in the case of any other penalty, submit a request for the deletion from his personal file of all reference to such measure. The Director shall decide whether to grant this request.

Article 22

Where new facts supported by relevant evidence come to light, disciplinary proceedings may be reopened by the Director on its own initiative or on application by the staff member concerned.

Article 23

If no case has been made against the staff member pursuant to Article 15 of this Annex, the staff member shall be entitled to request that the damage suffered should be made good through suitable publicity for the decision of the Director.

Article 24

The Director may adopt implementing rules for these procedures.

[^E0001]: Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).