COUNCIL DECISION (EU) 2022/2410

of 5 December 2022

on the position to be taken on behalf of the European Union in the Regional Steering Committee of the Transport Community as regards certain changes to administrative and staff rules and the introduction of an education allowance and rules on secondment and locally contracted experts

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 and Article 100(2), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Treaty establishing the Transport Community (the ‘TCT’) was signed by the Union in accordance with Council Decision (EU) 2017/1937 (1).

(2) The TCT was approved on behalf of the Union on 4 March 2019 (2) and entered into force on 1 May 2019.

(3) The Regional Steering Committee was established by the TCT for the administration and proper implementation of the TCT.

(4) It is envisaged that the Regional Steering Committee will adopt decisions on amendments to its Decision No 2019/3, on rules on education allowances for the Transport Community Permanent Secretariat and on rules on secondment and locally contracted experts, respectively.

(5) As such decisions are necessary for the good functioning of the Permanent Secretariat of the Transport Community, it is appropriate to establish the position to be taken on behalf of the Union in the Regional Steering Committee with regard to their adoption,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on behalf of the Union in the Regional Steering Committee of the Transport Community regarding the decisions amending Decision No 2019/3 on rules on education allowances for the Transport Community Permanent Secretariat and rules on secondment and locally contracted experts, respectively, shall be based on the draft decisions of the Regional Steering Committee attached to this Decision.

Minor changes to the draft decisions may be agreed to by the representatives of the Union in the Regional Steering Committee without further decision by the Council.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 5 December 2022.

For the Council

The President

M. KUPKA

(1) Council Decision (EU) 2017/1937 of 11 July 2017 on the signing, on behalf of the European Union, and provisional application of the Treaty establishing the Transport Community (

OJ L 278, 27.10.2017, p. 1

(2) Council Decision (EU) 2019/392 of 4 March 2019 on the conclusion, on behalf of the European Union, of the Treaty establishing the Transport Community (

OJ L 71, 13.3.2019, p. 1

DRAFT

DECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY

of …

amending Decision N° 2019/3 of the Regional Steering Committee of the Transport Community of 5 June 2019

THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY,

Having regard to the Treaty establishing the Transport Community, and in particular Article 24(1) and Article 30 thereof,

HAS ADOPTED THIS DECISION:

Sole Article

Decision N° 2019/3 of the Regional Steering Committee of the Transport Community of 5 June 2019 is hereby amended as follows:

(1) Heading 3 of Annex I, point 30, first sentence shall read as follows:

‘In the selection procedure, the Director shall be supported by a Selection Committee, which shall consist of at least four members: one representative from the Permanent Secretariat of the Transport Community, one representative of the Presidency and two representatives of the European Commission.’;

(2) Heading 5 of Annex II, ‘Staff regulations of the Transport Community’ is amended and shall read as follows:

‘5. WORKING HOURS, PART-TIME WORK AND TELEWORKING’;

(3) a new Article 5.3 is added to Annex II, Staff Regulations of the Transport Community, and shall read as follows:

‘5.3 Teleworking

Teleworking shall be applicable in exceptional circumstances and only when it is within the clear interest and priorities of the Secretariat.

Teleworking shall be granted by the Director or a Deputy Director.

Teleworking shall be limited in time and duration.

The Director shall issue detailed rules on teleworking within the normal working week.’;

(4) Heading 9 of Annex II, Staff Regulations of the Transport Community shall read as follows:

‘9. SALARIES, TRAVEL, MOVING EXPENSES AND EDUCATION ALLOWANCE’;

a new Article 9.4 is added to Annex II, Staff Regulations of the Transport Community, and shall read as follows:

‘9.4 Education allowance

The Transport Community may contribute to the education allowance for a dependent child or children of staff members who is or are attending an educational institution charging schooling fees at the place where the seat of the Permanent Secretariat is located, in accordance with detailed rules to be laid down by the Steering Committee.’

For the Regional Steering Committee

The President

DRAFT

DECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY

of …

on the rules on education allowance for the Transport Community Permanent Secretariat

THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY,

Having regard to the Treaty establishing the Transport Community, and in particular Article 24(1) and Article 30 thereof,

HAS ADOPTED THIS DECISION:

Sole Article

The rules on the education allowance for the Transport Community Permanent Secretariat, attached to this Decision, are hereby adopted.

For the Regional Steering Committee

The President

Rules on Education allowances for the Transport Community Permanent Secretariat

1. Definitions

1.1

‘Secretariat’ means the Permanent Secretariat of the Transport Community.

1.2

‘Director’ means the Director of the Secretariat.

1.3

‘Staff members’ means all officials of the Secretariat, namely the Director and Deputy Directors and all other staff from the Contracting parties, working permanently at the Secretariat in accordance with the Staff regulations, excluding the seconded national experts and locally contracted experts.

1.4

‘dependent child’ means:

the legitimate, natural or adopted child of an official, or of his/her spouse, who is actually being supported by the staff member. The same shall apply to a child for whom an application for adoption has been lodged and the adoption procedure started;

any child whom the staff member has a responsibility to support, under a judicial decision on the protection of minors.

1.5

‘Headquarters’ refers the place where the seat of the Secretariat is.

1.6

‘educational institutions’ means nurseries, kindergarten, pre-school, primary and secondary educational institutions, which provide tuition and teaching curriculums.

1.7

‘education allowance’ means a flat rate amount to contribute to schooling/enrolment fees or general fees for schooling and education charged by the educational institution.

2. Applicability

2.1

Educational allowances are applicable to all staff members provided that:

Transport Community Permanent Secretariat staff member dependent child/children are registered at the General Secretariat of the Government of the Republic of Serbia and,

dependent child/children are attending educational institution that charges schooling fees and is located at the seat of the Permanent Secretariat in Belgrade.

2.2

The entitlement shall cease in cases when:

the child is no longer in full-time attendance at an educational institution which charges schooling fees, or

the child reaches the age of 18 years, or

the employment of the staff member ends.

3. Payment of educational allowance

3.1

Staff members shall receive an education allowance for each dependent child within the meaning of point 1.4, who is less than six years old and who is attending nursery, kindergarten or pre-school educational institution. This pre-school allowance is granted until the year in which the child reaches the age of six (6th year inclusive) or until the child starts primary school.

3.2

Staff members shall receive an education allowance for each dependent child, within the meaning of point 1.4, who is at least five years old and in regular full-time attendance at primary or secondary school. As soon as the child starts primary school, eligibility for the pre-school allowance is no longer applicable.

3.3

The following items of expenditure shall be taken into account for the educational allowance:

school/educational institution enrolment fee(s), or

general fees for schooling and education charged by the educational institution.

The education allowance shall not include any cost directly related to the schooling: transportation of children, books, meals, extra lessons, additional tutors, equipment, exams or examination expenses, expenses for special courses and activities (including equipment), correspondence courses mentioned in 3.8, nor any other cost different from the yearly schooling or enrolment fees. This limitation also applies to other indirectly related costs: potential credits, loans or similar, for which the staff member may apply for in order to cover the schooling expenses.

3.4

The entitlement to the education allowance shall commence on the first day of the month in which the child begins to attend the educational institution as described in points 3.1 and 3.2 and shall cease at the end of the last month of the school year in which the child reaches the age of 18 years.

3.5

The ceiling paid for education allowance for primary or secondary school shall be EUR 285,81/month, whereas the ceiling paid for education allowance for nursery, kindergarten or pre-school educational institution shall be EUR 102,90/month.

No expenses over these ceilings will be reimbursed.

3.6

Payment of the education allowance shall be made upon presentation of payment evidence/original invoice issued by the educational institution of registration/schooling fees and other supporting documentation, confirming that the child attends the educational institution charging the fees at the place where the Secretariat sits.

The payment shall be made, based on actual costs incurred for registration/schooling fees and up to the maximum ceilings of point 3.5, as a monthly payment equal to one twelfth of the total eligible costs.

3.7

If the child’s education is interrupted for at least one school year by illness or other compelling reasons, the period of eligibility shall be extended by the period of interruption.

3.8

The education allowance shall not be payable in respect of correspondence courses or for private tuition.

3.9

In case the child receives a scholarship or any other funding or allowances from other sources in support of the enrolment cost at the educational institution, the staff member shall inform the Secretariat in writing and the education allowance shall be reduced and calculated based on the remaining amount to be covered by the staff member.

3.10

The school year shall consist of the actual number of days between the first day of the opening term and the last day of the final term at the educational institution attended by the child.

3.11

Claims for payment of education allowance shall be submitted to the Director in writing and shall be supported by documentary evidence as required in provision 3.6.

4. Final provision

4.1

Education allowances for dependent child/children who started the schooling in the year preceding the year of the adoption of the education rules shall be reimbursed in line with the adopted education rules upon presentation of the supporting documentation on the actual cost incurred and up to the maximum ceilings adopted.

4.2

Members of staff shall declare any change in the education situation, such as end of education, interruption of education and restarting education after an interruption, change of school etc., in writing to the Director. The corresponding change in the education allowance will be applied retroactively from the first day of the month that follows the month in which the change took place.

4.3

The Director is responsible for the proper implementation of these rules.

4.4

Depending on the development of prices, the Director may propose to the Regional Steering Committee to review these rules.

DRAFT

DECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY

of …

on the rules on secondment and locally contracted experts

THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY,

Having regard to the Treaty establishing the Transport Community, and in particular Article 24(1) and Article 30 thereof,

HAS ADOPTED THIS DECISION:

Sole Article

The rules on secondment and locally contracted experts, attached to this Decision, are hereby adopted.

For the Regional Steering Committee

The President

Rules on Secondment and locally contracted experts

1. Definitions

1.1

‘TCT Secretariat’ means the Permanent Secretariat of the Transport Community;

1.2

‘Director’ means the Director of the TCT Secretariat;

1.3

‘Staff members’ means all officials of the TCT Secretariat, namely the Director, Deputy-Director and all other staff from the Contracting parties, working permanently at the TCT Secretariat in accordance with the Staff regulations, excluding the seconded and locally contracted experts.

1.4

‘South East European Party’ means one of Albania, Bosnia and Herzegovina, Kosovo

(

)

, Montenegro, North Macedonia and Serbia;

1.5

‘secondee’ means an employee employed by the original (actual) employer, but temporarily sent to Headquarters for rendering services to the TCT Secretariat.

1.6

‘Secondment’ means the temporary assignment of an employee from a separate organization to the TCT Secretariat for a specified period, to carry out a specific activity.

1.7

‘Headquarters’ refers to the place where the seat of the TCT Secretariat is located.

1.8

‘Transport public institutions’ means all transport-related administrative bodies at all state levels, such as ministries and other public entities and institutions, within the parties to the TCT.

1.9

‘TCT’ means the Transport Community Treaty.

1.10

‘Locally contracted person’ means any expert engaged for a limited period of time and performing the activities locally in any of the South East European parties.

2. Secondments

2.1

When planning the secondment, the TCT Secretariat shall ensure that the needs of the TCT Secretariat are a primary guiding principle, in accordance with the Transport Community Treaty and the agreed Annual Work Programme.

2.2

The Transport public institutions of the TCT Contracting Parties are entitled to secondment of experts for an assignment within the TCT Secretariat.

2.3

A secondee shall be staff employed in public administration, having worked for their employer on a permanent or contract basis for at least two years before their secondment and remaining in the service of that employer throughout the period of secondment. They shall have at least three years’ experience of legal, scientific, technical, advisory or supervisory functions in a transport-related field.

2.4

The secondee’s employer shall undertake to continue to pay the secondee’s salary and maintain the secondee’s administrative status throughout the period of secondment. The secondee’s employer shall also continue to be responsible for the social rights of the secondee, in particular health and pension insurance and other social security contributions as required by the domestic legislation. The termination of or change in the secondee’s administrative status may lead to the termination of the secondment by the TCT Secretariat.

2.5

The secondee shall be a citizen of any Member State of the European Union or of any South East European Party.

2.6

The TCT Secretariat does not cover any other engagement costs to the secondee, aside of what is stipulated in point 10.

2.7

The place of secondment shall be the seat of the TCT Secretariat in Belgrade.

2.8

The secondee shall have an excellent command of the English language.

2.9

The Director of the TCT Secretariat shall inform the Regional Steering Committee, through the Annual operational report, on the state of play of the secondments for the previous year.

3. Selection procedure

3.1

The TCT Secretariat shall carry out a yearly assessment of its administrative and financial capacity for the number of secondees that could be accommodated in the TCT Secretariat. The TCT Secretariat shall define the expertise/profile of the secondees needed, following the plan of activities described in the Annual Working Programme for the particular year. The financial capacity will be determined by the annual budget availability.

3.2

Secondees shall be selected through an open and transparent procedure that includes a selection panel consisting of a European Commission representative, the Chair or Co-Chair of the TCT Regional Steering Committee, and a representative of the TCT Secretariat.

3.3

An invitation for submitting secondment applications in a given year shall be sent by the TCT Secretariat to the South East European Parties, according to their alphabetical order, as described in 1.4, and the EU. Each South East European arty and the EU shall be invited to submit a shortlist of minimum two and maximum three candidates that fulfil the selection criteria for a subsequent interview with the selection panel.

3.4

The selection procedure and criteria shall be drafted by the TCT Secretariat and presented to the Regional Steering Committee.

3.5

In the event that the secondment applications come from the South East European Party holding the Presidency of the Regional Steering Committee, the selection panel shall consist of the European Commission representative, the Chair or Co-Chair of the next TCT Regional Steering Committee, and the representative of the TCT Secretariat.

3.6

Following a proposal of the Selection Panel, the secondment shall be authorised by the TCT Secretariat Director

3.7

The secondment shall require an act of appointment by the TCT Secretariat Director and written agreement on the terms and conditions governing secondment, including that of the respective institution which is the formal employer of the secondee. This will be effected by an exchange of letters between the TCT Secretariat Director and the Head of the institution proposing the secondee.

4. Period of secondment

4.1

The period of secondment shall be limited to six months.

4.2

Secondees shall serve on a full-time basis throughout the period of secondment.

5. Tasks of the secondee

5.1

Secondees will receive a work plan with clearly defined tasks and responsibilities, as well as lines of reporting.

5.2

All work-related arrangements shall be made in writing. The department to which the secondee is assigned shall inform the secondee and his/her employer, before the start of the secondment, of the intended duties and tasks and ask them to confirm in writing that they do not know of any reason (such as a conflict of interest, or non-compatibility with the professional competencies of the secondee) against the assignment of those duties and tasks to the secondee.

5.3

The secondee shall not represent the TCT Secretariat or enter into commitments, whether financial or otherwise, or negotiations with third parties, on behalf of the TCT Secretariat. In particular, the secondee:

shall not engage in any activity outside the Transport Community during the secondment period, which is incompatible with the proper performance of his/her duties or may cause a conflict between personal interests and the interests of the Transport Community, or may cause damage to the reputation of the Transport Community;

shall not engage in any paid activity during the secondment period outside the Transport Community without prior written approval of the Director.

A secondee who has a share, directly or indirectly, in a company involved in the transport sector, which allows him or her to influence the management of the company, shall notify in writing the Director about that fact.

5.4

The TCT Secretariat shall remain solely responsible for approving the results of any tasks performed by the secondee and for signing any official documents resulting from those tasks.

5.5

The employer and the secondee shall also undertake to inform the TCT Secretariat of any change of circumstances during the secondment, in particular those which could give rise to any conflict of interest as referred to in 5.3.(a).

5.6

Failure on the part of the secondee to comply with the assigned tasks or to comply with the provisions under 5.3 shall entitle the TCT Secretariat Director, if he or she sees fit, to terminate the secondment.

5.7.

At the end of the Secondment, an exit interview and an evaluation report will be produced by the Secretariat. The report will be shared with the secondee and the institution that proposed him/her.

6. Rights and obligations of the secondee

6.1

During the period of secondment:

The secondee shall carry out duties and conduct himself or herself solely in the interests of the TCT Secretariat following the aims and goals of Transport Community Treaty.

The secondee shall neither seek nor take instructions from any government, authority, organisation or person outside the TCT Secretariat.

The secondee shall carry out the duties assigned objectively, impartially and in keeping with loyalty to the TCT Secretariat.

The secondee shall refrain from any unauthorised disclosure of information received in the line of duty unless that information has already been made public or is accessible to the public.

The secondee has the right to freedom of expression, with due regard for the principles of loyalty and impartiality.

There shall not be any publication or public performance made by the secondee without prior approval of the TCT Secretariat Director.

All rights in any work done by the secondee in the performance of the duties during secondment shall be the property of the TCT Secretariat.

Any failure to comply with any of the provisions of these secondment rules shall entitle the TCT Secretariat Director to terminate the secondee’s secondment.

7. Suspension of secondment

7.1

At the written request of either the secondee or his/her employer, and with the latter's agreement, the TCT Secretariat Director may authorise the suspension of periods of secondment and specify the terms applicable. During such suspensions, the subsistence allowances provided for by the secondment rules shall not be payable.

8. Termination of periods of secondment

8.1

The secondment may be terminated:

by the secondee’s employer, if the employer’s essential interests so require;

by the TCT Secretariat Director and the employer acting jointly, at the request of the secondee addressed to both parties, if the secondee’s personal or professional interests so require;

by the TCT Secretariat Director in the event of failure by the secondees or their employers to comply with the duties and tasks assigned and/or with the secondment rules. The TCT Secretariat shall immediately inform the secondee and secondee's employer accordingly;

in case of termination of or change in the secondee’s administrative status.

8.2

The termination will be subject to a one-month notice.

9. Social security of the secondee

9.1

Before the period of secondment begins, the secondee’s employer shall certify that the secondee shall remain, throughout the period of secondment, subject to health and pension insurance and other social security contributions required by the domestic legislation of the employer, who will also confirm their responsibility for related expenses incurred abroad.

9.2

From the day on which the secondment begins, the secondee shall be insured against the risk of occupational disease or accident, attributable to the performance of official duties by the TCT Secretariat, in line with the Rules on the contribution of the Transport Community to the health, unemployment, pension and disability insurance for staff of the TCT Secretariat of the Transport Community, Article 4.

10. Subsistence allowances for the secondee

10.1

The secondee shall be entitled to a daily subsistence allowance (DSA) per calendar day throughout the period of secondment.

10.2

The purpose of the DSA is to cover all the expenses at the place of the secondment. The DSA shall be payable for every calendar day of the month, including periods of mission, annual leave, special leave and holidays granted by the TCT Secretariat.

The DSA shall be paid to a bank account of the secondee.

In the event of unauthorised absence, no DSAs shall be paid to the secondee, and the TCT Secretariat Director may decide to terminate the secondment.

10.3

The DSA rate shall be EUR 91,28.

10.4

Before the secondment, the employer shall certify to the TCT Secretariat that during the secondment it will maintain the level of remuneration the secondee was receiving at the time of secondment.

10.5

The secondee shall not engage in any paid activity outside of the TCT Secretariat during the secondment.

10.6

When the secondee starts the secondment, the first 45 days of the subsistence allowance to which the secondee is entitled shall be advanced in a form of a lump sum. For secondments starting on the first day of the month, this lump sum shall be paid by the 25th day of the month. For secondments starting on the 16th day of the month, this lump sum shall be paid by the 10th day of the following month. If the secondment is ended during the first 45 days, the secondee shall return the amount corresponding to the remainder of that period.

10.7

Secondees, as well as their dependants, shall not be entitled to any other benefits, allowances or compensations such as travel and relocation costs upon taking up duties and termination of service, contribution to the health, unemployment, pension and disability insurance, education allowance, etc., aside from the ones stipulated in these secondment rules.

11. General provisions applicable to the secondee

11.1

The working hours for secondees shall be in line with Article 5 of the Staff Regulations.

11.2

Sick leave may not extend beyond the duration of the secondment of the person concerned.

11.3

The rules in force at the TCT Secretariat on annual, special, sick, bereavement leave (1) shall apply to secondees.

11.4

Any unused leave with the employer before the start of the secondment shall not be considered nor made available when seconded to the TCT Secretariat.

11.5

During the secondment, leave shall be subject to prior authorisation by the department to which the secondee is assigned as well as the TCT Secretariat’s Management.

11.6

Days of annual leave not taken by the end of the period of secondment shall be forfeited.

11.7

Secondees may be sent on mission by the TCT Secretariat. Mission expenses shall be reimbursed in accordance with the Travel rules for staff of the Transport Community.

11.8

Secondees shall be entitled to attend training courses organised by the TCT Secretariat, if in the interests of the TCT Secretariat.

11.9

Secondees shall sign a declaration of absence of conflict of interest and of confidentiality before taking up their work.

11.10

The relation between the Transport Community and the secondee shall not be governed by Serbian law or the law of any other local jurisdiction, but by the Staff Regulations and Headquarters Agreement of the TCT Secretariat.

11.11

The Transport Community shall not be liable for any contributions to systems of social security, insurances or any other arrangement entered into or requested by the secondee in his/her individual capacity.

11.12

Secondees shall present the TCT Secretariat a written confirmation of their health and pension insurance coverage before taking up work.

11.13

Secondees shall not have any claim to employment at the TCT Secretariat.

11.14

In case of a dispute between the TCT Secretariat and the secondee, Article 14 of the Annex II “Staff Regulations of the Transport Community” shall apply.

12. Locally contracted experts

12.1

The Director may engage locally contracted persons under an hourly rate ("locally contracted expert"), for the TCT Secretariat or South East European parties, subject to the following cumulative conditions:

there is a need of additional administrative or expert support related to the implementation of the TCT;

there is a lack of corresponding capacities or knowledge;

a limited period; and,

budget availability.

12.2

The engagement of locally contracted experts shall be done by way of a service agreement which shall determine the hourly rate, a description of assigned tasks, the period of engagement and confidentiality obligations. The service agreement shall not be governed by Serbian law or the law of any other local jurisdiction.

12.3

Locally contracted experts shall be selected in a transparent procedure led by the TCT Secretariat and will be deployed on an ad hoc basis. Locally contracted experts may not be deployed for more than 320 working hours per year. ln any event, the deployment of locally contracted persons should not lead to a circumvention of the Recruitment Rules. The TCT Secretariat or each of the South East European Parties can engage a maximum of one locally contracted person per year.

12.4

Locally contracted experts shall not be considered either staff members or officials of the TCT Secretariat and shall neither be governed by the Staff Regulations nor by the Headquarters Agreement of the Transport Community.

12.5

Locally contracted experts, as well as their dependents, shall not be entitled to any other benefits, allowances or compensations besides the hourly rate agreed and included in the service agreement.

12.6

Locally contracted experts shall not have any claim to employment at the Transport Community TCT Secretariat.

13. Final provisions

13.1

The Director is responsible for the proper implementation of these rules.

13.2.

These rules shall apply from the first day of the calendar month following their adoption.

13.3

The Director may propose to the Regional Steering Committee to review these rules if any reasonable circumstance arises.

(

)

This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.

(1) TCT Staff Regulations: https://www.transport-community.org/wp-content/uploads/2019/11/transport-community-staffrules_annexe2.pdf