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

Article 1

The Staff Regulations of the European Union Satellite Centre, as adopted by the Council on 14 September 2009, are hereby replaced by the Staff Regulations annexed to this Decision.

Article 2

This Decision shall take effect on 1 June 2017. It shall be published in the Official Journal of the European Union.

ANNEX

Table of contents	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
Chapter IX	Pension schemes
Chapter X	Secondment of the SATCEN's Staff Members
TITLE III	PROVISIONS APPLICABLE TO LOCAL STAFF
TITLE IV	REPRESENTATION OF EMPLOYEES
	ANNEX I
	ANNEX II
	ANNEX III
	ANNEX IV
	ANNEX V
	ANNEX VI
Section I	Travel costs of staff members and their families between their place of residence and duty station
Section II	Moving expenses
	ANNEX VII
Section I	Means of transport
Section II	Subsistence allowance for staff members travelling on official duty
	ANNEX VIII
	ANNEX IX
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

TITLE I GENERAL PROVISIONS

Article 1

General Conditions

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

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

The table of staff members shall differentiate between permanent posts and temporary posts.

Permanent posts are posts relating to activities of the SATCEN having a permanent nature. Temporary posts are posts attached to projects or activities of limited duration.

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.

An employee shall be responsible to the Director through his superiors for the discharge of his duties. The responsibility of his subordinates shall not relieve him of any of his own responsibilities except in so far as any such subordinate may have been guilty of deliberate disobedience.

Where an employee, in his duties, considers that an order received is improper or is likely, if carried out, to cause serious trouble, he shall so inform his immediate superior, if necessary in writing. If his immediate superior confirms the order in writing, the employee shall carry it out, but may ask that it be referred to a higher authority. There shall be no obligation to carry out an order involving an act or omission falling within the provisions of penal law.

2. Declaration

On accepting engagement with the SATCEN 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 (SATCEN), and to discharge those functions with only the interests of the SATCEN 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 SATCEN.’

3. Conduct and Confidentiality

Employees shall conduct themselves at all times in a manner compatible with their status as representatives of the SATCEN. 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 SATCEN.

Employees shall also conduct themselves with objectivity and impartiality, and shall avoid any conflict of interest, perception or appearance of conflict of interest, in the performance of their duties.

Employees shall observe complete discretion with regard to all matters relating to the activities of the SATCEN. Except in the discharge of their duties, they shall not disclose any unpublished information acquired by them in the course of their official business unless authorised to do so by the Director. This obligation shall continue after they have left the SATCEN.

4. Financial responsibility

An employee may be required to make good, in whole or in part, any damage suffered by the SATCEN as a result of wilful misconduct or gross negligence on his part in the course of or in connection with the performance of his duties, independently of any disciplinary proceeding.

5. Security

Employees shall, on engagement, acquaint themselves with the EU regulation on the security rules applied by the SATCEN, as laid down by Council Decision 2013/488/EU ([^E0001]). They shall sign a declaration whereby they acknowledge their disciplinary and financial responsibility in the event of non-compliance with that regulation.

• (a) All employees shall be required to have security clearance giving them access to classified information in the course of their duties. A request for such clearance will be addressed to the competent authorities by the SATCEN. Pending official clearance, temporary access to classified information may be granted by the Director in accordance with the EU Security rules in force.

• (b) In accordance with these Staff Regulations and the EU Security rules in force regarding the need to hold a security clearance, no appointment will be confirmed before the competent National Security Authority grants the security clearance.

• (c) Employees shall inform the Security Officer immediately in the event of the suspected loss or compromise of classified information.

6. Assistance and compensation

The SATCEN shall provide assistance to employees who, by reason of their current appointment or duties at the SATCEN, 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 otherwise been obtained;

• (c) employees make over to the SATCEN 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 SATCEN shall be taken by the Director, who shall have 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 SATCEN.

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 SATCEN any honour, decoration, favour, gift or payment of any kind whatsoever, 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 SATCEN.

• (c) An employee wishing to engage in an outside activity, whether paid or unpaid, or to carry out any assignment outside the SATCEN, shall first obtain the permission of the Director. Permission shall be refused only if the activity or assignment in question is such as to interfere with the performance of the employee's duties or is incompatible with the interests of the SATCEN.

• (d) An employee may not directly or indirectly hold such interests in a commercial firm as could, by their nature, compromise his independence in the discharge of his duties in the SATCEN.

• (e) If the spouse or the registered partner of an employee is in gainful employment, the employee shall inform the Director. Should the nature of the employment prove to be incompatible with that of the employee and if the employee is unable to give an undertaking that it will cease within a specified period, the Director shall, after consulting the Staff Committee, decide whether the employee shall continue in his post or be transferred to another post.

9. Candidacy for public or political office

• (a) Employees who for personal reasons wish to stand for public or political office shall notify the Director of that intention.

• (b) Any employee who stands for public or political office shall be given unpaid leave starting on the date he declares that he is beginning his electoral campaign.

• (c) If elected, the employee shall request termination of his contract. Such termination shall not carry any entitlement to loss of employment indemnity or fixed-term contract allowance.

• (d) If he does not accept the public or political office, the employee shall be entitled to resume his appointment with the same salary and seniority from which he benefited at the time his unpaid leave began.

• (e) Time spent on unpaid leave shall not count towards seniority.

TITLE II STATUS OF STAFF MEMBERS

CHAPTER I General provisions

Article 3

Privileges and immunities

The privileges and immunities conferred on staff members are accorded in the interests of the SATCEN and not for their personal convenience. They must not be used to avoid private obligations, or as an excuse for failure to observe the laws or police regulations of the host State.

In any incident where those privileges and immunities are involved, the staff member concerned shall immediately report the incident to the Director. In the event of infringement of local legislation, the Director may decide to waive the privileges or immunities if he deems it necessary.

CHAPTER II Recruitment and duration of appointment

Article 4

Recruitment

Article 5

Age limit for employment

The age limit for employment is set at the end of the month in which the staff member reaches the age of 65.

For duly justified reasons of service, the Director may authorise extensions up to a maximum of twelve additional months.

Article 6

Medical examinations

• (a) in paragraph 1, the candidate shall pay 50 % of the fees and of the incidental costs;

• (b) in paragraph 3, the SATCEN shall first attempt to reassign the staff member to another post suitable to his condition. If this is not possible, the SATCEN shall terminate his contract with six months' notice and the invalidity board shall be convened to establish his entitlement to invalidity pension under the conditions laid down in the Pension Schemes Rules of the SATCEN.

Article 7

Appointments

1. Duration

• (a) Staff members recruited to permanent posts shall be appointed for an initial period of four years. The contract shall state that, not later than by the end of the third year of their appointment, they will be informed either:
• (i) that their appointment will not be extended; or
• (ii) that their appointment will be extended for an indefinite duration; or
• (iii) that their appointment will be extended for a fixed period, which shall not exceed four years, if the Director considers it inappropriate to grant an indefinite appointment at that stage. Not later than one year before expiry of that extension, the staff member concerned shall be informed either that his appointment will not be extended, or that his appointment will be extended for an indefinite duration.

• (b) The contracts of staff members recruited in temporary posts shall not exceed four years. They may be renewed, for a maximum period of four years.

• (c) At the termination of the employment, the staff members are entitled to an indemnity for loss of employment or a fixed-term contract allowance calculated under the provisions of Annex I.

2. Probationary period

The first six months of initial contracts shall be a probationary period beginning on the date of entry into service, subject to the following:

• (a) where, during his probationary period a staff member is prevented, by sickness or accident, from performing his duties for one month or more, the director may extend his probationary period by the corresponding length of time; the total length of probationary period shall in no circumstances exceed 12 months;

• (b) at the end of the probationary period, a report shall be made on the ability of the staff member to perform the duties pertaining to his post and also on his conduct and efficiency in the service. That report shall be communicated to the staff member;

• (c) a staff member whose performance has not proved adequate to justify retention in his post shall be dismissed;

• (d) a report on the probationary staff member may be made at any time during the probationary period if his performance is obviously proving inadequate. The report shall be communicated to the person concerned;

• (e) on the basis of the report, the Director may decide to dismiss the staff member before the end of the probationary period by giving him one month's notice; the period of service may not, however, exceed the normal probationary period;

• (f) a staff member who is dismissed during the probationary period following a negative report shall not be entitled to compensation for fixed-term contract allowance.

The probationary period shall form an integral part of the period of the initial contract. It shall count towards seniority and pension rights.

3. Termination of contracts

• (a) The SATCEN may terminate or not renew contracts in the following cases:
• (i) as a result of the discontinuation of the budget post occupied by the staff member, or if the duties attached to the staff member's post are modified in such a way that he no longer possesses the necessary qualifications and experience for the post, and no adequate alternative post can be found for him in the SATCEN;
• (ii) because of the professional inadequacy of the staff member, duly recorded in two successive reports, as defined in Article 26;
• (iii) through physical unfitness of the staff member that has occurred while serving and which has been confirmed by the invalidity board pursuant to Article 6 paragraph 4;
• (iv) following the withdrawal from the Board of the Member State of which the staff member is a national;
• (v) following a transfer of the headquarters of the SATCEN, by a distance of over 100 kilometres, from the location where the staff member was engaged, and the refusal of the staff member to be transferred;
• (vi) following the withdrawal of security clearance from the staff member for reasons other than disciplinary ones;
• (vii) following any disciplinary procedures that have established a misdemeanour or responsibility of the staff member as defined in Chapter VII or which has resulted in the withdrawal of his security clearance. In the cases mentioned under points (i) to (vi), contracts may be terminated or not extended with six months' notice, in the case mentioned under point (vii), with one month's notice.

• (b) A staff member may terminate his contract with three months' notice for any personal reasons that he is not required to state.

4. Compensation for loss of employment and fixed-term Contract Allowance.

• (a) For staff members holding an Indefinite Contract:
• — Other than for disciplinary reasons, the termination of a contract by the SATCEN shall entail compensation under the conditions set out in Annex I.
• — The termination of a contract by a staff member shall not entitle him to loss of employment indemnity.

• (b) For staff members holding a fixed-term Contract:
• — Other than for disciplinary reasons, the termination or non-renewal of a contract by the SATCEN shall entail compensation under the conditions set out in Annex I.
• — The termination of a contract or the non-acceptance of the offer of renewal of a contract by a staff member shall not entitle him to a fixed-term Contract Allowance.

5. Reduced notice of termination

If the interests of the service so require, the period of notice set out in paragraph 3(a) may be reduced by the SATCEN; in that case, the staff member concerned shall be entitled to the payment of an additional sum representing the salary and allowances that he would have received if the actual date of expiry of his contract had coincided with the end of a six-month period of notice.

This paragraph shall not apply in the case of termination for disciplinary reasons.

CHAPTER III Salaries and allowances

Article 8

General Provisions

Contributions and deductions shall be made from those emoluments in respect of internal tax, pension and social welfare schemes.

However, requests for allowances provided for in these Staff Regulations shall give rise to a retroactive payment of the corresponding sums backdated to no more than three months from the date the SATCEN received written notification of the facts determining entitlement to these payments, supported by appropriate documentation.

The limitation shall be interrupted by a claim in writing submitted before the expiry of the period of limitation.

There shall be no limitation if the information provided was inaccurate as a result of a lack of good faith or gross negligence.

Article 9

Salary

1. Basic Salary

Net basic salary shall be the amount shown for the grade and step of a staff member in the scales approved each year by the Board.

Gross salary shall correspond to net basic salary plus the internal tax due from the staff member.

2. Annual adjustments of basic salaries and allowances

• (a) The basic salaries and allowances of the staff member shall be adjusted on 1 January according to the Coordinating Committee on Remuneration (CCR) recommendations issued for salary and allowances adjustment for the reference period.

• (b) Adjustments shall apply to basic salaries and allowances in force on 31 December of the preceding year.

3. Affordability clause

• (a) The SATCEN's Board reserves the right, if exceptional or unforeseen circumstances so warrant:
• — to reduce the annual adjustment recommended by the CCR to the national consumer price index applicable and to phase in the adjustment amount or postpone it until later in the calendar year;
• — to decide, on a finding by the Director that the SATCEN could not otherwise reasonably expect to meet its financial obligations and essential operating requirements, that the annual adjustment recommended by the CCR be awarded in part or not at all, and also to decide on the timing for the payment of any adjustment.

• (b) Action under (a) shall be taken in accordance with the applicable general legal principles and after appropriate consultation with the SATCEN's Board, Director and Staff Committee.

• (c) The Board of the SATCEN reserves the right to determine whether any catch-up, retroactive or competitiveness adjustments should be made.

Article 10

Expatriation allowance

An expatriation allowance shall be paid to a staff member who, at the time of his first appointment, was not a national of the State in whose territory his permanent place of duty is situated and who had not been continuously resident in that State's territory for three years or more immediately prior to his employment by the SATCEN.

That allowance shall cease to be payable if a staff member is transferred to the country of which he is a national.

The amount of the allowance shall be calculated in accordance with Annex II.

Where a staff member is appointed by the SATCEN immediately after having been employed in the country where he performs his duties by another international organisation or by his own country's administration, he will be entitled to expatriation allowance and his years of service with a previous employer shall be taken into account when calculating the amount allowance.

Article 11

Family and social allowances

1. General rules

The allowances provided for under this Article and similar allowances to which a married couple, or an unmarried staff member, are entitled from another source, shall not be cumulative.

Any staff member, who is in receipt of, or whose spouse, dependant or registered partner is in receipt of, or entitled to, a national or international allowance similar to those provided for under this Article, from other sources, is to inform the SATCEN's Administration Division accordingly, in order that a corresponding reduction be made in the allowances granted to him by the SATCEN.

Any staff member who knowingly misinforms, or fails to inform, the SATCEN's Administration of a relevant fact and in consequence receives an allowance to which he is not entitled or an amount higher than that to which he is entitled, infringes this article and as a consequence, will be required to refund any amount so received and may also be liable to disciplinary measures.

Where entitlement to allowances commences after the date of entering the service, the Staff member shall receive them from the first day of the month in which such entitlement commences. On cessation of such entitlement, the staff member shall receive the sum due up to the last day of the month in which entitlement ceases.

The Administration of the SATCEN shall be entitled to request any official documents or supporting evidence that it deems necessary to establish a right to any allowance or to permit its calculation.

2. Household allowance

• (a) A household allowance shall be granted and paid monthly to any staff member who:
• (i) is married;
• (ii) is widowed, divorced, legally separated or single and has at least one dependant within the meaning of Annex III to these Staff Regulations;
• (iii) is registered as a stable non-marital partner, provided that:
• — the couple produce a legal document recognised as such from a competent authority of a Member State, acknowledging their status as non-marital partners;
• — neither partner is in a marital relationship or in another non-marital relationship;
• — the partners are not related in any of the following ways: parent, child, grandparent, grandchild, brother, sister, aunt, uncle, nephew, niece, son-in-law, daughter-in-law.

• (b) That allowance shall be equal to 6 % of net basic salary and shall not be lower than the amount payable to staff members in grade B3, step 1.

• (c) In the case of:
• (i) a married staff member who has no dependants but whose spouse is gainfully employed, or
• (ii) a staff member who is registered as a stable non-marital partner, as defined in point (a) and who has no dependants, but whose partner is gainfully employed, the allowance shall be the difference between the net basic salary for grade B3, step 1 plus the allowance to which the staff member would be entitled in theory, and the earned income of the spouse or registered partner. If the latter amount is equal to or greater than the former, no allowance shall be payable.

The allowance shall not be paid to a staff member whose spouse or registered partner is a staff member of the SATCEN or a member of a Coordinated Organisation and who has a higher basic salary than the staff member.

3. Children's and other dependants' allowance

• (a) A children's and other dependants' allowance shall be granted and paid monthly to any staff member who mainly and continuously maintains children or other dependants as defined in Annex III.

• (b) The allowance shall be a fixed amount for each dependant, set each year in the scales approved by the Board.

• (c) Where both spouses and registered partners work for the SATCEN or a Coordinated Organisation, the allowance shall be paid to whichever of them is in receipt of a household allowance or equivalent.

• (d) The definitions and the conditions under which the allowance is granted are set out in Annex III.

4. Education allowance

• (a) An education allowance shall be granted and paid monthly to any staff member who is entitled to household allowance, and whose dependent child(ren), as defined in Annex III is/are at least three years old, and is/are in regular full-time attendance at kindergarten, primary, secondary or higher education.

• (b) The allowance shall be equal to twice the amount of the dependant child's allowance, and shall be payable for each child.

• (c) The staff member concerned shall provide to the SATCEN's Administration all supporting evidence at the beginning of each school year.

5. Disabled children's and other dependants' allowance

• (a) A disabled children's and other dependants' allowance shall be granted and paid monthly for disabled children or dependants to any staff member who is primarily and continuously responsible for their care. The child or dependant must fulfil the criteria and conditions set out in Annex III.

• (b) The details of allocation and payment of the allowance are given in Annex IV.

6. Rent allowance

• (a) A rent allowance shall be paid monthly to staff members of grades B, C, A1 and A2 who are tenants or sub-tenants of accommodation and who pay a rent — excluding service charges considered to be the liability of the tenant in the country of residence — that exceeds a specified proportion of their emoluments.

• (b) The method of calculating the allowance is set out in Annex V.

• (c) Staff members in receipt of rent allowance shall inform the Head of Administration immediately of any change in their circumstances that could affect their eligibility or the amount of the allowance.

7. Transport allowance

Since the duty station is remote from residential areas and the SATCEN is located in a military base which is not served by public transport, staff members who not live in the military base where the SATCEN is located shall receive a flat-rate monthly transport allowance. The amount of the allowance shall be set by the Director at the beginning of each calendar year.

Article 12

Extra duties allowance

The duration of a temporary posting shall not exceed one year, except where, directly or indirectly, the posting is to replace a staff member who is seconded to another post, called up for military service or absent on prolonged sick leave.

Article 13

Installation and resettlement allowance

1. Installation allowance

• (a) An installation allowance shall be paid to a staff member whose place of private residence was more than 100 kilometres from his duty station at the time he accepted employment with the SATCEN or when he is transferred to a new place of employment and is thereby obliged to change his place of residence.

• (b) In cases where a staff member, his spouse or registered partner are both entitled to the installation allowance, the allowance shall be payable only to the person whose basic salary is the higher.

• (c) The amount of the allowance shall be one month's basic salary.

• (d) An installation allowance shall be paid on production of documents establishing the fact that the staff member has settled at his new duty station.

• (e) Staff members shall be required to reimburse half the installation allowance if they resign within two years of their appointment.

• (f) The Director may authorise an exception to the provisions governing reimbursement where their strict application might cause special hardship.

2. Resettlement allowance

• (a) A staff member who provides evidence of a change of his private residence of more than 100 kilometres from his duty station, shall be entitled on termination of service to a resettlement allowance equal to one month's basic salary, provided that he has completed four years of service and does not receive a similar allowance in his new employment.

• (b) In cases where a staff member, his spouse or registered partner are both entitled to the resettlement allowance, the allowance shall be payable only to the person whose basic salary is the higher.

• (c) A staff member who has completed more than two years' but less than four years' service shall receive a resettlement allowance proportionate to his length of service.

• (d) In the event of the death of the staff member, the resettlement allowance shall be paid to the surviving spouse, registered partner or, in the absence of such a person, to the dependants within the meaning of Annex III, even if the requirement as to length of service laid down in point (a) of this paragraph is not met.

• (e) The resettlement allowance shall be paid upon evidence that the staff member and his family, or, in the event of a deceased staff member, his family only, have resettled, within six months from the date of termination of his service/death, at a place situated not less than 100 kilometres from the place where the staff member was employed.

Article 14

Deductions

1. Internal tax

Internal tax shall amount to 40 % of the basic salary in respect of a given grade and step. This sum shall be added to the net basic salary to give the gross salary. This sum shall be shown as a monthly deduction on pay slips.

2. Contributions to pension scheme

A monthly deduction as approved by the Coordinated Organisations for the pension scheme applied to staff members and corresponding to a percentage of net basic salary shall be made from staff members' emoluments and paid into the SATCEN's Pensions Reserve Fund.

3. Contributions to social welfare benefits

A monthly deduction in respect of social welfare benefits shall be made from staff members' emoluments. Minimum social welfare benefits shall cover medical care, incapacity/disability coverage and life insurance.

One third of the Contributions to the Social Welfare Scheme shall be borne by the staff member; the remaining two thirds shall be borne by the SATCEN.

The percentage shall be determined, at the beginning of the year for the following 12 months, by agreement between the SATCEN and the insurance company operating the scheme. The amount deducted shall be added to the employer's contribution.

4. Fixed-Term Contract Allowance Contribution

The SATCEN shall contribute for staff members holding a fixed-term contract in order to finance a fixed-term contract allowance.

This fixed-term contract contribution shall be set at 8,4 % of the net monthly remuneration of the staff member concerned.

The contribution shall be paid into a fund each month.

Article 15

Salary advances and reimbursement

CHAPTER IV Travel costs

Article 16

Installation and departure

Article 17

Moving expenses

Article 18

Travel on duty

Staff members shall be entitled to the reimbursement of expenses incurred in connection with travel on official duty ordered by the Director.

The reimbursement shall concern travel costs proper, plus accommodation and associated costs in the places to which staff members are sent. The conditions, rates and other details of reimbursement are set out in Annex VII.

CHAPTER V Internal organisation

Article 19

Hours of work

Overtime worked shall entitle the staff member concerned:

• (a) to time off in lieu; or

• (b) where such time off cannot be granted owing to the requirements of the service, to overtime pay calculated at the rate of 133 % of the basic salary.

• (a) Hours of night work not exceeding the number set out in paragraph 2 shall give entitlement to additional remuneration at the rate of 50 % of the basic salary.

• (b) Overtime worked at night shall be paid at the rate of 150 % of overtime worked by day.

Article 20

Part-time work and teleworking

The Director may grant such authorisation if this is compatible with the interests of the service.

Article 21

Public holidays

The list of public holidays shall be drawn up by the Director taking into account the official lists of public holidays published annually in the Boletín Oficial del Estado (BOE) and the Official Journal of the European Union.

Those public holidays shall not be deducted from the staff members' annual leave entitlement. If one of those days falls on a Saturday or Sunday, the Director may designate another day as a holiday instead.

Article 22

Leave

1. Annual leave

(a) Entitlement

Staff members shall be entitled to paid annual leave at the rate of 2,5 working days for each month of service completed. This entitlement shall apply each calendar year.

Staff members recruited between 1 April and 30 July shall be entitled to an advance of 15 days' leave from their annual entitlement if the leave is to be taken after the latter date.

If, on 31 December, a staff member has a period of leave due, the Director or his delegate may authorise the carrying forward of a maximum of 12 days of leave to the following year. Any entitlement carried forward but not taken by 30 June shall be cancelled.

(b) Administrative procedure

Staff members wishing to take leave within their entitlement as defined in point (a), must obtain the prior authorisation of the Director or his representative.

A record of leave taken is kept by the SATCEN's Administration.

The procedure to be followed shall be set out in an internal memorandum signed by the Director.

(c) Leave unexpended on departure of staff members

Leave unexpended at the time staff members depart from the SATCEN shall be cancelled. However, if the Director certifies in writing that, owing to the exigencies of work, it was impossible for a staff member to take all his leave, the staff member shall be entitled to a payment of one thirtieth of his monthly basic salary for each day of leave so accumulated.

2. Unpaid leave

• (a) Upon request from a staff member, the Director may grant unpaid leave on personal grounds if this is compatible with the interest of the service.

• (b) The total duration of such leave shall not exceed one year.

• (c) During that leave, the staff member shall not be entitled to advancement to a higher step or promotion in grade; his membership of the social welfare scheme provided for in Articles 8 and 14 and his cover for risks under the scheme shall be suspended. However, a staff member who is not engaged in gainful activity may, not later than one month following that in which the leave on personal grounds begins, apply to continue to be covered by the scheme, provided that he bears his part of the corresponding contributions. A staff member who proves that he cannot acquire pension rights from another pension scheme may apply to continue to acquire further pension rights, provided that he bears his part of the corresponding contributions.

3. Sick leave, maternity, paternity leave, parental leave and other special leave

Special leave shall be granted, in addition to annual leave, for illness, maternity, paternity, parental leave and in exceptional circumstances.

The details and procedures to be followed are set out in Annex VIII.

Article 23

Home leave

• (a) home leave shall amount to eight working days every two years, plus travelling time calculated on the basis of the fastest mode of transport;

• (b) home leave may be taken six months before the end of the period to which it relates;

• (c) if it is not taken within six months after the end of the period to which it relates, home leave shall be cancelled with respect to that two-year period. The date, on which home leave is actually taken, for any given two-year period, shall not affect the date on which the next home leave is to be taken;

• (d) where spouses, or registered partners, are both employed by the SATCEN and where both are entitled to home leave, it shall be granted in accordance with the following conditions:
• (i) where both have their home in the same country, each shall be entitled to home leave in that country every two years;
• (ii) where their homes are in two different countries, each shall be entitled to home leave in his or her respective country every two years;
• (iii) the couple's dependent children and, if appropriate, the person accompanying those children, shall be entitled to only one period of home leave every two years; where the parents have their homes in two different countries, the home leave may be taken in either of those countries.

• (a) the staff member concerned must undertake in writing to spend the home leave in the country of his official home;

• (b) the staff member concerned must undertake in writing not to resign from the SATCEN in the six months following the end of the period to which the entitlement to home leave relates (regardless of the date on which that leave is actually taken);

• (c) the head of division must certify that he will in all probability not require the services of the staff member during the period of the requested home leave.

Failure to comply with point (a) will result in the staff member concerned being obliged to reimburse to the SATCEN all the payments received in connection with the home leave and may also result in the staff member's unexpended annual leave being reduced by the number of days of home leave granted. The Director may decide to derogate from the provisions in points (b) and (c) if he considers that their strict application would expose the staff member concerned to an injustice or to particular difficulties.

CHAPTER VI Reports and promotion

Article 24

General provisions

Reports shall comment on the relative proficiency of staff members and shall provide the opportunity to congratulate staff members or, on the contrary, warn them of shortcomings with a view to an improvement in their service.

Article 25

Procedure

The Director shall adopt the rules of procedure of the Promotions Board.

Article 26

Follow-up action on reports

• (a) the award of a financial bonus;

• (b) an exceptional advancement in step;

• (c) a promotion to the next higher grade provided that the budgeted post allows such promotion.

• (a) keep the staff member at his present step for an additional period of 12 months;

• (b) terminate the contract of the staff member in accordance with point 3 of Article 7.

CHAPTER VII Disciplinary measures

Article 27

Disciplinary measures

CHAPTER VIII Appeals

Article 28

Appeals

• (a) on the date of publication of the act if it is a measure of a general nature;

• (b) on the date of the notification of the decision to the person concerned, but in no case later than the date on which the latter received such notification, if the measure affects a specified person; if, however, an act affecting a specified person is such as to affect adversely another person, the period shall start to run in respect of that other person on the date on which he receives notification thereof but in no case later than the date of publication;

• (c) on the date of expiry of the period prescribed for reply where the complaint concerns an implied decision rejecting a request as provided for in paragraph 1.

In the event of a negative reply, the staff member may request mediation. Such mediation is not mandatory.

The mediator shall be a qualified, independent legal expert. He shall be provided by the Director and the staff member concerned with all documents he considers necessary for an examination of the case.

He shall submit his conclusions within two months of the date on which he has been apprised of the case.

Those conclusions shall not be binding on either the Director or the staff member.

The costs of mediation shall be borne by the SATCEN if the conclusions are refused by the Director; 50 % of the costs shall be borne by the staff member if it is he who refuses to accept the findings.

In disputes of a financial character, the Court of Justice shall have unlimited jurisdiction.

Staff members may file an appeal before the Court of Justice, subject to the following:

• (a) an appeal to the Court of Justice shall lie only if:
• (i) the Director has previously had a complaint submitted to him pursuant to paragraph 2 within the period prescribed therein, and
• (ii) the complaint has been rejected by express decision or by implied decision;

• (b) an appeal under point (a) shall be filed within three months. That period shall begin:
• (i) on the date of notification of the decision taken in response to the complaint, or
• (ii) where the appeal is against an implied decision rejecting a complaint submitted pursuant to paragraph 2, on the date of expiry of the period prescribed for reply; however, where a complaint is rejected by express decision after being rejected by implied decision but before the period for lodging an appeal has expired, the period for lodging the appeal shall start to run afresh;

• (c) by way of derogation from point (b), the person concerned may, after submitting a complaint to the Director pursuant to paragraph 2, immediately file an appeal with the Court of Justice, provided that such appeal is accompanied by an application either for a stay of execution of the contested act or for the adoption of interim measures. The proceedings in the principal action before the Court of Justice shall then be suspended until such time as an express or implied decision rejecting the complaint is taken.

CHAPTER IX Pension schemes

Article 29

Pension schemes

CHAPTER X Secondment of the SATCEN's Staff Members

Article 30

Secondment of the SATCEN's Staff Members

A staff member on secondment is a staff member who, by decision of the Director, has been directed in the interests of the service to serve temporarily in a post outside the SATCEN.

Secondment in the interests of the service shall be governed by the following rules:

• (a) the decision on secondment shall be taken by the Director after hearing the staff member concerned;

• (b) the duration of secondment shall be determined by the Director;

• (c) at the end of every six months, the staff member concerned may request that the secondment be terminated;

• (d) a staff member on secondment is entitled to receive a differential payment where the total remuneration carried by the post to which he is seconded is less than that carried by his grade and step in the SATCEN; he shall likewise be entitled to reimbursement of all additional expenses entailed by his secondment;

• (e) a staff member on secondment shall continue to pay pension contributions based on the salary for active employment carried by his grade and step in the SATCEN;

• (f) a staff member on secondment shall retain his post, his right to advancement to a higher step and his eligibility for promotion;

• (g) when his secondment ends a staff member shall be reinstated in the post formerly occupied by him.

TITLE III PROVISIONS APPLICABLE TO LOCAL STAFF

Article 31

Statutory provisions

Local staff are auxiliary personnel recruited in principle for short periods. They do not have the status of international staff, and are entirely subject to the laws and regulations of the host State where they are employed. The following shall apply:

• (a) local staff are employees who do not occupy posts defined in the SATCEN's table of staff members;

• (b) subject to the provisions of this Title, the conditions of employment of local staff, in particular:
• (i) the conditions of their engagement and termination of their contract;
• (ii) their leave, and
• (iii) their remuneration are determined by the SATCEN in accordance with current rules and practice in the place where they are to perform their duties;

• (c) local staff are bound by Title I and by the following provisions of Title II:
• (i) Chapter II: Articles 5 (age limit for employment) and 6 (medical examinations);
• (ii) Chapter III: Article 15 (salary advances and reimbursement);
• (iii) Chapter IV: Article 18 (travel on duty);
• (iv) Chapter V: Articles 19 (hours of work) and 21 (public holidays);
• (v) Chapter VII: Article 27 (disciplinary measures) and Annex IX (disciplinary proceedings). and by any regulations based thereon.

Article 32

Social security

As regards social security, the SATCEN shall be responsible for the employer's share of the social security contributions under current regulations in the place where they are to perform their duties.

Article 33

Remuneration

TITLE IV REPRESENTATION OF EMPLOYEES

Article 34

Representation of employees

• (a) defend the professional interests of all employees of the SATCEN;

• (b) make proposals for improving the well-being of all employees;

• (c) make suggestions regarding social, cultural and sporting activities for the employees;

• (d) represent all employees vis-à-vis the staff associations of other international organisations.

ANNEX I

INDEMNITY FOR LOSS OF EMPLOYMENT AND FIXED-TERM CONTRACT ALLOWANCE

(Referred to in Article 7 of the Staff Regulations)

1. Entitlement to loss of employment indemnity or fixed-term Contract Allowance

• (a) An indemnity for loss of employment or fixed-term Contract Allowance may be awarded to a staff member whose employment is terminated under points (i) to (vi) of Article 7(3)(a) of the Staff Regulations.

• (b) The indemnity or allowance shall not be due if:
• (i) the staff member has obtained another post at the same or higher grade at the SATCEN;
• (ii) the staff member has obtained a new appointment in another international organisation with a comparable remuneration;
• (iii) the staff member, on the date his appointment ends, has the right to return to employment with a previous employer;
• (iv) the staff member's contract has been terminated as a result of a disciplinary procedure.

2. Payment of the indemnity

Staff members shall be entitled to an indemnity or allowance amounting to 100 % of their net monthly remuneration multiplied by the number of years of service at the SATCEN.

Net remuneration shall be taken to mean basic salary plus all additional allowances and indemnities paid monthly.

However, the amount of indemnity or allowance so calculated shall be subject to a ceiling which is set at 18 months.

Furthermore, the amount of the indemnity shall not represent a number of months, or fractions of months in excess of the period which the staff member would still have to serve before reaching the age limit specified in Article 5.

Finally, such indemnity or allowance, when added to the total pension to be received on account of the Pension Scheme until the age of 65 and to the payment instead of notice, shall not amount to more than the emoluments the staff member would have received had he remained in employment with the Organisation in his last grade and step until such age.

ANNEX II

EXPATRIATION ALLOWANCE

(Referred to in Article 10 of the Staff Regulations)

• 1.Staff members so entitled under Article 10 of the Staff Regulations shall receive a monthly expatriation allowance. The amount of the allowance shall be:

• (a) Staff members recruited before 1 January 1996:
• (i) staff members entitled to household allowance: 20 % of the reference salary;
• (ii) staff members not entitled to household allowance: 16 % of the reference salary.

• (b) Staff members recruited as from 1 January 1996:
• (i) staff members entitled to household allowance: 18 % of the reference salary during the first ten years' service;
• (ii) staff members not entitled to household allowance: 14 % of the reference salary during the first ten years' service.

• 2.The allowance is calculated on the first step in grade of recruitment or promotion. In years eleven, twelve and thirteen, rates of 14 % and 18 % shall be reduced by one point per year respectively to 11 % and 15 %.

• 3.The amount of the expatriation allowance shall not be lower than the basic salary amount payable to staff members in grade B3, step 1.

• 4.Staff members entitled to an expatriation allowance with dependent children who are not paid an education allowance are entitled to be paid in addition an expatriated children allowance as established by the Coordinated Organisations.

ANNEX III

CHILDREN AND OTHER DEPENDANTS

(Referred to in Articles 11 and 13 of the Staff Regulations)

1. Dependent children

• (a) A legitimate, legally recognised, natural or adopted child, of the staff member or of his spouse or registered partner, is deemed to be a dependant of a staff member if the latter mainly and continuously maintains and supports the upbringing of the child; a staff member's child who is in the custody of a divorced or legally separated spouse, or former registered partner is considered to be dependent on the staff member if the latter is required to pay maintenance, and actually does so, for that child as the result of a divorce or separation decree, or an authentic act relating to such a decree, in accordance with the relevant national law.

• (b) A disabled child of the staff member or of his spouse or registered partner, regardless of the age of the child, is considered to be a dependant if the staff member mainly and continuously maintains and supports the wellbeing of the child.

• (c) A child, not gainfully employed, shall be considered a dependant of the staff member when:
• (i) he is under the age of eighteen, or
• (ii) he is aged between eighteen and twenty-six and is receiving school, university or vocational training in an educational establishment on a full-time basis.

• (d) Gainfully employed child
• (i) A child aged under the age of 26 shall be deemed to be gainfully employed if he is in receipt of a monthly salary equal to 50 % before any deduction, of the salary of a staff member graded C1, step 1 (scale of the child's country of residence); in such a case the staff member shall immediately inform the Head of Administration thereof.
• (ii) Occasional earnings of a student for a few months shall be apportioned over 12 months (1 January to 31 December).

2. Other dependants

A person other than a dependent child as defined in paragraph 1 may be considered a staff member's dependant on the following conditions:

• (i) he is a parent or other close relative by blood or marriage;

• (ii) he lives continuously with the staff member or his spouse or registered partner, or is regularly admitted to an institution giving specialist medical care;

• (iii) the person concerned does not have adequate resources of his own to support himself.

ANNEX IV

DISABLED DEPENDANTS

(Referred to in Article 11 of the Staff Regulations)

• 1.A dependant is deemed to be disabled if it is established by medical evidence that he is suffering from a serious and permanent disability necessitating either special care or supervision or special education or training.

• 2.The decision to grant the allowance shall be made by the Director after consulting an ad hoc board which he shall constitute for the purpose, and which shall include at least one medical practitioner.

• The Director's decision shall specify the period for which the allowance is to be paid, subject to review.

• 3.The criterion for entitlement to the provisions of the Staff Regulations shall be the serious and continuing impairment of the physical or mental activities.

• Dependant persons may thus be deemed to be disabled where they suffer from:

• (a) serious or chronic affliction of the central or autonomic nervous system, however caused, such as diseases of the brain, myopathy and autonomic paralysis;

• (b) serious affliction of the locomotor system;

• (c) serious affliction of one or more sensory systems;

• (d) chronic and disabling mental illness.

• This list shall not be deemed to be exhaustive. It is given by way of indication only, and shall not be taken as a basis for assessing the degree of disability or incapacity.

• The amount of the allowance shall be equal to the amount of the allowance for a dependent child, and shall be additional to any such allowance.

ANNEX V

RENT ALLOWANCE

(Referred to in Article 11 of the Staff Regulations)

• 1.The amount of the allowance shall be a proportion of the difference between the actual rent paid, excluding all charges mentioned in Article 11(6)(a) of the Staff Regulations, and a sum calculated as follows:

• (a) 15 % of net basic salary for staff members of grades C and B, up to and including B.4;

• (b) 20 % of net basic salary for staff members of grades B5 and B6;

• (c) 22 % of net basic salary for staff members of grades A1 and A2.

• 2.The said proportion shall be:

• (a) 50 % for single staff members and married staff members with no dependants;

• (b) 55 % for staff members with one dependant;

• (c) 60 % for staff members with two or more dependants.

• 3.The allowance shall not exceed:

• (a) 10 % of net basic salary of the staff member concerned in the case of grades C to B4 inclusive;

• (b) 15 % of net basic salary in the case of grades B5 and B6, and A1 and A2.

• Net basic salary shall be deemed to mean the actual basic salary as given in the annual scales agreed by the Board, but excluding any other additions to or deductions from remuneration.

ANNEX VI

TRAVEL COSTS AND MOVING EXPENSES

(Referred to in Articles 16 and 17 of the Staff Regulations)

Section I