Article 1 - Scope
Article 2 - Conditions governing attachments
Article 3 - Administrative and financial position
Article 4 - Period of attachment
Article 5 - Termination of the attachment
Article 6 - Transitional provisions
Article 7 - Final provisions

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Rules governing the attachment of Parliament officials and temporary staff of the Political Groups to National Public Authorities, bodies treated as such public authorities and International Organisations

THE BUREAU OF THE EUROPEAN PARLIAMENT

- having regard to Rule 22 of Parliament's Rules of Procedure,

- after consulting the Joint Committee,

- after consulting the Staff Committee and the Committee on Equal Opportunities for Men and Women,

- whereas it is in Parliament's interest to secure more effective cooperation and close working relations between the Community civil service and the civil services of the Member States and applicant countries or international organisations and to develop exchanges of information and experience

HAS DECIDED:

Article 1 - Scope

Parliament officials and temporary staff of the political groups may, on a decision of the Secretary-General or of the political group authority empowered to conclude contracts of employment (hereinafter 'AECE'), be attached to a national public authority of a Member State or applicant country, to a body treated as such a public authority, or to an international organisation. The attachment shall take place with the agreement of the official or temporary staff member concerned.

As far as possible, priority shall be given to attachments to parliamentary bodies.

Article 2 - Conditions governing attachments

1. These provisions shall apply to Parliament officials and temporary staff of the political groups in function groups AD, grades 5-16, and AST, grades 5-11.

2. At the time of the attachment
- the official concerned must have been employed by Parliament for at least one year and must have been established as an official;
- the temporary staff member concerned must have been employed by the political group for at least one year and must have completed his/her probationary period;
- the official or temporary staff member concerned must be in a position to remain in the service of the Community institutions for a minimum period of three years following the end of the attachment, save where a derogation is granted by the Secretary-General.

Any decision concerning an attachment taken in accordance with these rules must be consistent with the interests of the service..

Article 3 - Administrative and financial position

1. Officials attached in accordance with Article 1 shall retain active employment status within the meaning of Article 35(a) of the Staff Regulations of officials of the European Communities and, accordingly, shall remain subject to those Staff Regulations. Temporary political group staff members attached in accordance with Article 1 shall remain subject to the Conditions of Employment of Other Servants of the European Communities. The officials or temporary staff members concerned shall retain their post and right to advancement to a higher step. Officials shall retain their eligibility for promotion and temporary staff members their eligibility for assignment to a post in a higher grade. Their place of employment shall remain that in which they performed their duties on the day before the attachment commenced. During an attachment, officials or temporary staff members may be replaced only by auxiliary contract staff.

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

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

At the end of the attachment a list of the days of leave taken and days of absence shall be forwarded to the competent Parliament service or to the relevant political group secretariat.

3. At the end of the attachment a report assessing the work of the official or temporary staff member shall be forwarded by the host administration to Parliament's Secretary-General or to the AECE of the political group. This report shall be taken into account when the staff report covering the period of attachment is drawn up

4. Parliament shall continue to pay the salary of the official or temporary staff member attached, subject to application of the weighting corresponding to his/her place of employment within the meaning of Article 3(1); it may grant a daily subsistence allowance equivalent to two-thirds of the long-term mission allowance laid down for the place where the official or staff member is attached and may reimburse, on presentation of supporting documents - ticket or equivalent - travelling expenses incurred at the beginning and end of the attachment.

However, the daily subsistence allowance shall not be granted:
- if the place of attachment is the same as the place of employment;
- if, at the time of the attachment, the spouse and/or children of the official or temporary staff member reside at the place of attachment;
- if, at the time of the attachment, the stable, non-marital partner of the official or temporary staff member, whose status as such has been recognised by Parliament's Administration, resides at the place of attachment;
- in any case where the attachment does not entail a change of place of residence.

The official or temporary staff member attached may not receive any salary, allowance or other financial compensation from the host administration without the prior agreement of Parliament's Secretary-General or the AECE of the political group.

Article 4 - Period of attachment

1. The duration of the attachment shall not exceed 12 months, but may be extended in duly substantiated cases.

2. Breaks in attachments may be authorised on the basis of a duly substantiated request from the Secretary-General of Parliament, the AECE of the political group or the host administration.

During such breaks the daily subsistence allowance referred to in Article 3(4) shall not be paid.

The decision to interrupt the attachment shall be taken, in Parliament, by the SecretaryGeneral or by the AECE of the political group, as appropriate.

The attachment may be extended for a period equal to the length of the break, subject to the agreement of all the parties concerned. In such cases, the travel expenses referred to in Article 3(4) shall be reimbursed by the Administration which asked for the break.

The official or temporary staff member may not begin a new attachment within three years of the date of completion of the previous attachment.

Article 5 - Termination of the attachment

1. The attachment may be terminated prior to the scheduled date on the basis of a duly substantiated request from one of the parties concerned.

2. The decision to terminate the attachment prior to the scheduled date shall be taken by the Secretary-General of Parliament or by the AECE of the political group, subject to one month's notice. The period of notice may be reduced if special circumstances so warrant.

At the end of his/her attachment, the official or temporary staff member shall immediately be reinstated in the post he/she previously occupied.

Article 6 - Transitional provisions

1. During the period from 1 May 2004 to 30 April 2006 the term 'function groups AD, grades 5-16, and AST, grades 5-11' in Article 2(1) shall be replaced by the term 'categories A*, grades 5-16, and B*, grades 5-11'.

Article 7 - Final provisions

1. These Rules shall enter into force on 1 April 2005 and replace the rules of 3 May 2004 applicable to the secondment of European Parliament officials and temporary staff of political groups to national, international and regional bodies.

2. These Rules shall apply to any attachment agreed as from the date on which they take effect