ADMINISTRATIVE ARRANGEMENT BETWEEN THE EUROPEAN COMMISSION AND THE ITER INTERNATIONAL FUSION ENERGY ORGANIZATION FOR THE JOINT IMPLEMENTATION OF THE ITER PROJECT ON SECONDMENT IN THE INTEREST OF THE SERVICE AND ASSIGNMENT OF OFFICIALS TO THE ITER ORGANIZATION

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (hereinafter "the Commission)

And

THE ITER INTERNATIONAL FUSION ENERGY ORGANIZATION FOR THE JOINT IMPLEMENTATION OF THE ITER PROJECT, (hereinafter the ITER Organization)

Having regard to the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint implementation of the ITER Project (hereinafter "the ITER Agreement")  concluded on 21 November 2006 between the European Atomic Energy Community, represented by the Commission, the Government of the People's Republic of China, the Government of the Republic of India, the Government of Japan, the Government of the Republic of Korea, the Government of the Russian Federation and the Government of the United States of America

Having regard to the Council Regulation (EC, Euratom) N° 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities ⁽¹⁾ (hereinafter the "EC Staff Regulations")

Having regard to the Staff Regulations of the ITER Organization (hereinafter "the ITER Staff Regulations"), the adoption of which was confirmed by the ITER Council at its first meeting of 27 November 2007

Whereas:

1. Pursuant to Article 7.11 of the ITER Agreement, the staff of the ITER Organization shall be appointed on the basis of their qualifications, taking into account an adequate distribution of posts among the Members in relation to their contributions;
    
2. The European Atomic Energy Community (Euratom) as Host Party of the project is the largest contributor to its construction and to its operation. This special position of Euratom among the ITER Parties should be reflected in the staffing of the Organization;
    
3. The Commission has developed over the years considerable technical expertise in nuclear fusion research. Commission Officials who were part of the ITER Joint Central Team during the ITER Engineering Design Activities (EDA) Phase and the subsequent Transitional Activities brought a substantial contribution to the Project;
    
4. It is in the mutual interest of the Commission and the ITER Organization to enable Commission Officials who contributed to develop this expertise to be made available to the ITER Organization;
    
5. It is also necessary to envisage the possibility for Commission Officials specialised in other domains and interested by the project to be made available to the ITER Organization;
    
6. Pursuant to Article 1.2 of the ITER Staff Regulations, its staff comprises natural persons that have an employment contract with the ITER Organization or are made available through a secondment agreement to the ITER Organization;
    
7. The statutory position of the Commission Officials will depend on the type of post to be occupied in the ITER Organization. They will be made available to the ITER Organization upon a decision of the Appointing Authority in accordance with the EC Staff Regulations;
    
8. Close and regular cooperation between the ITER Organization and the Commission is needed to manage the interactions between the ITER Staff Regulations and the EC Staff Regulations. It is therefore appropriate to agree upon an administrative arrangement for making available Commission Officials to the ITER Organization;

HAVE AGREED AS FOLLOWS:

GENERAL PROVISIONS

Article 1

The objective of this arrangement is to define the modalities to make available Officials of the European Communities in the Commission services (hereinafter "Officials") to the ITER Organization.

Article 2

The modalities for making the Officials available to the ITER Organization shall depend on the type of post to be occupied in the ITER Organization:

1. For posts where there is a requirement from the ITER Organization for direct employment under the ITER Staff Regulations, (strictly limited to management, special responsibilities and nuclear safety related sensitive posts) Officials shall be seconded in the interest of the service within the meaning of Article 37 a) of the EC Staff Regulations.
    
2. For other project-related (scientific and technical) posts, Officials shall be seconded to the ITER Organization within the meaning of the ITER Staff Regulations, that is to say assigned within the meaning of Article 7 of the EC Staff Regulations.
    
3. For the posts that would not fall into the above two categories, Officials selected by the ITER Organization shall be placed on leave from the Commission on personal grounds and shall be appointed by the ITER Organization through direct employment under the ITER Staff Regulations, unless the Commission decides that the Official should be sent on assignment or secondment in the interest of the service.

OFFICIALS SECONDED IN THE INTEREST OF THE SERVICE

Article 3

Officials directly employed according to Article 2.1 shall be seconded in the interest of the service upon decision of the Appointing Authority according to Articles 37 (a) and 38 of the EC Staff Regulations. They shall be employed and directly paid by the ITER Organization. The ITER Staff Regulations shall be applicable to them during the duration of the secondment.

Article 4

Officials seconded in the interest of the service may continue to be covered by the Joint Sickness Insurance Scheme (JSIS). If an Official explicitly declares that he wants to remain within the JSIS, he shall not contribute to the ITER Medical Insurance Scheme and Life and Invalidity Insurance Scheme.
All contributions, employer and employee, shall be transferred monthly by the ITER Organization to the Commission Office for Administration and Settlement of Individual Entitlements.

Article 5

Officials seconded in the interest of the service shall continue to pay pension contributions to the EC system based on their salary for active employment carried by their grade and step in the Commission. They shall not contribute to the ITER Pension Fund.

All contributions, employer and employee, shall be transferred monthly by the ITER Organization to the Commission Office for Administration and Settlement of Individual Entitlements.

Article 6

Technical arrangements shall be put in place between the ITER Organization and the Commission Office for Administration and Settlement of Individual Entitlements for:

• the ITER Organization to pay, for Officials who choose to continue to be covered by the JSIS, the employers' and employee's contributions into the JSIS, an amount equivalent to that which would be paid if the seconded Official was contributing to the ITER scheme. Any shortfall in the employer's contribution shall be borne by the Commission. Any shortfall in the employee's contribution shall be borne by the Official and accordingly shall be taken into account in the determination of the salary differential according to Article 38 (d) of the EC Staff Regulations;
   
• the ITER Organization to pay the employers and employee's pension contributions into the pension scheme of the European Communities, an amount equivalent to that which would be paid if the seconded official was contributing to the ITER scheme. Any shortfall in the employer's contribution shall be borne by the Commission. Any shortfall in the employee's contribution shall be borne by the Official and accordingly shall be taken into account in the determination of the salary differential according to Article 38 (d) of the EC Staff Regulations; ;
   
• the ITER Organization to communicate the elements necessary, including the different allowances paid to the Official, to determine the salary differential according to Article 38 (d) of the EU Staff Regulations.

Article 7

Officials seconded in the interest of the service shall have a double career for the period of the secondment.

Officials shall continue to progress in their career in the Commission services:

• their performance shall be appraised by the Commission. To that end, the ITER Organization shall provide a report on the performance of each Official seconded in the interest of the service at the beginning of each year covering the preceding 12 months period.
   
• technical arrangements shall be put in place to define the content of the information needed by the Commission. The information to be provided to the Commission shall be communicated to the Official.
   
• the ITER Organization shall facilitate the conduct of the interviews of each Official by his Commission's hierarchy. These interviews shall be conducted normally in the premises of the ITER Organization.
   
• they shall participate in the annual promotion exercise of the Commission during their secondment and shall be eligible for promotion in accordance with the EC Staff Regulations.

Officials shall also progress in their career in the ITER Organization on the basis of the ITER Staff Regulations.

Article 8

The Officials seconded in the interest of the service shall be subject to the leave entitlement within the ITER Staff Regulations.

Article 9

The Officials seconded in the interest of the service shall be subject to the mission rules of the ITER Organization.

OFFICIALS ASSIGNED

Article 10

Officials seconded according to Article 2.2 shall be assigned by the Appointing Authority to the ITER Organization, and considered as being in active employment in the Commission services according to the provisions of Article 35 a) of the EC Staff Regulations. Their assignment shall be subject of a secondment agreement concluded between the Commission and the ITER Organization.

Article 11

In accordance with Article 11 (2) of the EC Staff Regulations, Officials assigned to the ITER Organization shall not be permitted to accept any allowance from the ITER Organization.

Article 12

Officials assigned shall continue to progress in their career in the Commission services. Similar arrangements to those mentioned in Article 7 shall be put in place.

Article 13

Leave entitlement shall be in accordance with the relevant conditions of employment of the assigned Official, which the Commission shall communicate to the Director General of the ITER Organization. The timing and duration of leave during the assignment shall be agreed by the Director General of the ITER Organization, and shall be in accordance with the ITER Staff regulations. Nevertheless, the Director General of the ITER Organization shall make every effort to enable assigned Officials to take their full annual leave entitlement. The Director General of the ITER Organization shall periodically inform the Commission of leave taken by the assigned Official.

The Director General of the ITER Organization and the Commission shall, well in advance of the end of the assignment, consult on measures to deal with untaken leave accrued during the period of assignment at the ITER Organization.

Article 14

Officials on assignment to the ITER Organization shall be subject to the mission rules of the ITER Organization when missions are carried out for the ITER Organization. Missions undertaken for the Commission shall be subject to the rules of the Commission.

Article 15

Officials on assignment to the ITER Organization shall avoid any situation that could lead to a conflict of interest. If a conflict of interest were to occur, the official on assignment shall immediately inform the Commission and the ITER Organization.
The Commission and the ITER Organization shall take, as appropriate, adequate measures to remedy this situation.

FINAL PROVISIONS

Article 16

Pursuant to Article 45.2 of the EC Staff regulations Officials shall be required to demonstrate before their first promotion after recruitment the ability to work in a third language. The Commission shall inform the ITER Organization of the Officials that still need to fulfil this requirement. The ITER Organization will facilitate language training for the Officials concerned.

Article 17

The ITER Organization shall inform the Commission without delay of any disciplinary measure taken, in conformity with Article 22 of the ITER Staff Regulations, against an Official seconded in the interest of the service. .

Officials seconded in the interest of the service shall remain subject to the disciplinary measures of Article 86 of the EC Staff Regulations for their acts or behaviours in relation to their functions in the Commission services and for any action or behaviour which might reflect adversely upon their position.

Officials on assignment to the ITER Organization shall remain subject to the disciplinary measures of Article 86 of the EC Staff Regulations. The administrative investigations required shall be agreed between the Commission and the ITER Organization.

Article 18

To facilitate the implementation of this Administrative Arrangement a liaison Committee, composed of 4 representatives of each Party to this Arrangement, shall be established. This liaison Committee shall normally meet once a year.

Article 19

Any amendments to the present arrangement shall be the subject to a written agreement between the ITER Organization and the Commission.

Article 20

This Arrangement shall come into force on the date of signature and shall remain in force for five years. Unless the ITER Organization or the Commission notifies in writing the other Party of its intention to terminate this Administrative Arrangement at least six months before its expiration, this Administrative Arrangement shall be extended automatically for additional periods of five years.

Article 21

This Administrative Arrangement may be terminated at any time upon mutual agreement between the ITER Organization and the Commission.

Done at Brussels on 19 November 2008 in two originals

For more information:
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Footnotes

⁽¹⁾ OJ N° L124, 27.04.2004, p.1