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Document 32022R2404

Commission Delegated Regulation (EU) 2022/2404 of 14 September 2022 supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council by laying down detailed rules for the surveys on protected zone quarantine pests and repealing Commission Directive 92/70/EEC

C/2022/6499

OJ L 317, 9.12.2022, p. 42–53 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

ELI: http://data.europa.eu/eli/reg_del/2022/2404/oj

9.12.2022   

EN

Official Journal of the European Union

L 317/42


COMMISSION DELEGATED REGULATION (EU) 2022/2404

of 14 September 2022

supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council by laying down detailed rules for the surveys on protected zone quarantine pests and repealing Commission Directive 92/70/EEC

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (1), and in particular Article 32(5), second subparagraph, and Article 34(1), second subparagraph, thereof,

Whereas:

(1)

Regulation (EU) 2016/2031 provides for the basic rules on plant health in the Union.

(2)

Article 32(4), point (b), of that Regulation establishes the obligation for Member States to include, when applying for a new protected zone, the results of surveys of at least three preceding years to demonstrate the absence of the protected zone quarantine pest (‘the pest’) in the territory concerned.

(3)

Article 34(1) of Regulation (EU) 2016/2031 establishes the obligation for Member States to carry out annual surveys of each protected zone as regards the pests and to report to the Commission and the other Member States each year the results of those surveys.

(4)

The rules concerning the preparation of the surveys should include requirements concerning the consideration of the biology of the pest and host plants concerned, and that the timing of the survey is appropriate for the detection of the pest. Those elements are important for the preparation of the survey to be complete and well-suited for the survey concerned.

(5)

The content of the survey should include indications on maps, description of the survey area, examinations, sampling and testing, target populations, detection methods and risk factors, to ensure their completeness, effectiveness and efficiency.

(6)

The surveys should also be carried out in a buffer zone surrounding the protected zone and be more intensive than the ones in the protected zone, because the pest is not prohibited in the buffer zone and no measures against it are applicable there. This is necessary to confirm the absence of the pest from the buffer zone and better preserve the pest-free status of the protected zone. This is also in line with the applicable International Standards for Phytosanitary Measures for the establishment of pest free areas (2) used correspondingly for the establishment of protected zones pursuant to Union law. Those international standards require the establishment of buffer zones for the establishment and the maintenance of pest free areas, where geographic isolation is not considered adequate to prevent introduction to or re-infestation of such areas, or where there are no other means of preventing pest movement to such areas.

(7)

For the same reasons, the surveys in the inner bands of the protected zone, along the border with the protected zone, should be intensified compared with the ones in the rest of the protected zone.

(8)

In order for the content of surveys to be consistent, a reporting template should be established. Commission Implementing Regulation (EU) 2020/1231 (3) established the format and instructions for the annual reports on the results of surveys in areas where the pests are not known to be present. In order to have a harmonised approach in the reporting of survey results within the Union, a similar format should be adopted for the reporting of survey results in protected zones, taking into account the specific elements of these surveys.

(9)

Commission Directive 92/70/EEC (4) also lays down detailed rules for surveys to be carried out for the purpose of the recognition of protected zones. As it was adopted under the previous Union legal acts on plant health, that Directive is now obsolete and should be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down detailed rules for:

(a)

surveys for the establishment of a new protected zone pursuant to Article 32(3) or (6) of Regulation (EU) 2016/2031; and

(b)

the preparation and the content of annual surveys pursuant to Article 34(1) of Regulation (EU) 2016/2031.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

(a)

‘buffer zone’ means an area surrounding a protected zone in order to minimize the probability of introduction and spread of the pest into the protected zone;

(b)

‘inner band’ means an area inside of a protected zone, of a width equivalent to the width of the buffer zone, surrounding the protected zone on the inner side along its outer border;

(c)

‘survey’ means a detection survey targeting the pest in a protected zone and, where appropriate, a buffer zone;

(d)

‘demarcated area’ means an area demarcated, following a finding of the pest in a protected zone, as described in Article 18 of Regulation (EU) 2016/2031;

(e)

‘statistically-based survey’ means a survey carried out on the basis of the European Food Safety Authority General guidelines for statistically sound and risk-based surveys for plant pests (5).

Article 3

Preparation of surveys

1.   The competent authority of the Member State concerned, or other persons under the official supervision of the competent authority, shall prepare the surveys referred to in Article 1 (‘the surveys’) in accordance with paragraphs 2 to 6.

2.   The surveys shall be:

(a)

risk-based;

(b)

based on sound scientific and technical principles;

(c)

carried out taking into account the biology of the pest and the presence of host species within the protected zone; and

(d)

carried out at the most appropriate times for the detection of the pest.

3.   The surveys shall be extended to a buffer zone surrounding the protected zone.

The surveys in the buffer zones shall be more intensive than in the protected zone, with a higher number of survey activities (visual examinations, samples, traps and tests, where appropriate).

The width of the buffer zone shall be determined on the basis of the biology of the pest and its potential spread capacity.

No surveys in the buffer zone shall be required when due to the biology of the pest, the absence of host plants, the geographical location of the protected zone or the nature of its spatial isolation, there is no risk of introduction of the pest into the protected zone through the natural spread from the neighbouring areas.

4.   If there is no possibility to establish a buffer zone in the territory adjacent to the protected zone, an inner band shall be established within the protected zone.

The inner band shall not be established when due to the biology of the pest, the absence of host plants, the geographical location of the protected zone or the nature of its spatial isolation, there is no risk of introduction of the pest into the protected zone through the natural spread from the neighbouring areas.

The surveys in the inner bands shall be more intensive than in the rest of the protected zone, with a higher number of survey activities (visual examinations, samples, traps and tests, where appropriate).

5.   In case of the competent authority decides to carry out a statistically-based survey, the survey design and the sampling scheme used shall be suitable to identify within the protected zone concerned, with a sufficient level of confidence, a low level of presence of infested plants by the pest.

6.   In case of the competent authority decides to carry out a statistically-based survey in the buffer zone or the inner band, the survey design and sampling scheme used shall be suitable to identify, with a higher level of confidence than in the protected zone itself, a low level of presence of the pest.

Article 4

Content of the surveys

The surveys shall contain the following elements:

(a)

a map with the geographical delimitation of the protected zone and, where appropriate, the buffer zone or the inner band, detailing the location of the survey activities carried out and indicating the survey points, the findings or outbreaks and any demarcated areas established;

(b)

a description of:

(i)

the survey area, including the survey sites;

(ii)

the plant material or commodity, and

(iii)

where appropriate, the buffer zone or the inner band;

(c)

the list of host plants;

(d)

the identification of the risk areas where the pest can be present;

(e)

information about the months of the year, during which the survey is carried out;

(f)

where appropriate:

(i)

the number of visual examinations to detect symptoms or signs of the presence of the pest,

(ii)

the number of samples, type and number of tests and of traps which attract the pest;

(iii)

any other measure that is appropriate to ensure the detection of the pest;

(g)

in the case of statistically-based surveys, the underlying assumptions for the survey design per pest, including a description of:

(i)

the target population, epidemiological unit and inspection units;

(ii)

the detection method and method sensitivity;

(iii)

any risk factors, indicating risk levels and corresponding relative risks and proportion of host plants; and

(iv)

in the case of a finding of the pest, measures taken or the reference to EUROPHYT-Outbreaks.

Article 5

Reporting on the results of the surveys

Member States shall report, for each protected zone and using the template set out in Annex I, general information and the results of the surveys.

Member States shall use one of the templates set out in Annex II to this Regulation to report on the results of the surveys pursuant to:

(a)

Article 32(4), point b, of Regulation (EU) 2016/2031; or

(b)

Article 34(2) of Regulation (EU) 2016/2031.

Article 6

Repeal of Directive 92/70/EEC

Directive 92/70/EEC is repealed.

Article 7

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 September 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 317, 23.11.2016, p. 4.

(2)  ISPM 4 Requirements for the establishment of pest free areas and ISPM 26 Establishment of pest free areas for fruit flies (Tephritidae).

(3)  Commission Implementing Regulation (EU) 2020/1231 of 27 August 2020 on the format and instructions for the annual reports on the results of the surveys and on the format of the multiannual survey programmes and the practical arrangements, respectively provided for in Articles 22 and 23 of Regulation (EU) 2016/2031 of the European Parliament and the Council (OJ L 280, 28.8.2020, p. 1).

(4)  Commission Directive 92/70/EEC of 30 July 1992 laying down detailed rules for surveys to be carried out for purposes of the recognition of protected zones in the Community (OJ L 250, 29.8.1992, p. 37).

(5)  EFSA, General guidelines for statistically sound and risk-based surveys of plant pests, 8 September 2020, doi:10.2903/sp.efsa.2020.EN-1919.


ANNEX I

Template for general information results of surveys

Member State

 

Competent Authority

 

Contact person (full name, job title within the competent authority, organisation name, telephone number and functional email account)

 

Organisations taking part in the survey

 

Laboratories taking part in the survey

 

Protected zone quarantine pest

 

Name/Description of the protected zone (PZ), as listed in Annex III to Commission Implementing Regulation (EU) 2019/2072

 

Year of establishment of the PZ

 

Year(s) of the survey.

In the case of a request for a new PZ, please indicate the years covered by the survey.

 

Size of the PZ (ha)

 

Establishment of a buffer zone or an inner band (yes/no). Please justify in case this zone is not established.

 

Width (m) of the buffer zone or inner band, if applicable

 

Map of the boundaries of the PZ, including the buffer zone or the inner band, if applicable.

Please indicate the survey points, the findings/outbreaks and, where applicable, the demarcated areas established.

 

Statistically-based survey (yes/no)

 

Findings/outbreaks during the last survey (yes/no)

 

Description of the findings/outbreaks (1) and actions taken or reference to EUROPHYT-Outbreak

 


(1)  Including a reference to the notification(s) of actions taken in accordance with Article 33(3) of Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4).


ANNEX II

Templates for reporting results of the annual surveys or of surveys to request a new protected zone quarantine pest

PART A

1.   Template for the reporting of the results of annual surveys

Image 1L3172022EN6610120221205EN0010.0001681681DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …on the amendment of the Staff Regulations of the Transport CommunityTHE 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 ArticleThe Staff Regulations of the Transport Community, adopted as set out in Annex II to Decision No 3/2019 of the Regional Steering Committee of the Transport Community of 5 June 2019, are amended as follows:(a)Section 14 is amended as follows:(i)point b, subparagraph (iii) is replaced by the following:(iii)a representative of the preceding Presidency of the Regional Steering Committee;(ii)point (c) is replaced by the following:(c)The Conciliation Committee shall decide by unanimity.;(b)Section 15 is amended as follows:(i)point (a) is replaced by the following:(a)Any dispute between the Secretariat and a staff member concerning these Staff Regulations, the rules on recruitment, working conditions and geographical equilibrium or other relevant rules shall, in the second instance, be settled by the European Commission acting as the arbitrator.;(ii)point (c) is replaced by the following:(c)All dispute settlement proceedings shall take place in Belgrade or online, and the language of these proceedings shall be English. The Steering Committee shall lay down the rules on dispute settlement with a view to facilitating a timely procedure with reasonable costs to the parties..For the Regional Steering CommitteeThe PresidentL3172022EN6610120221205EN0010.0002691691DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …on the adoption of Rules of Procedure of the Conciliation Committee and of dispute settlement rules applicable to the Transport Community Permanent SecretariatTHE 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 ArticleThe detailed Rules of Procedure of the Conciliation Committee and the rules on dispute settlement for the Transport Community Permanent Secretariat, attached to this decision, are hereby adopted.For the Regional Steering CommitteeThe PresidentL3172022EN6610120221205EN0010.0003701723Rules of Procedure of the Conciliation CommitteeI.General1.These Rules of Procedure establish the internal procedures for operation of the Conciliation Committee as referred to in Section 14 of the Staff Regulations of the Transport Community, adopted pursuant to Decision No 3/2019 of the Regional Steering Committee of the Transport Community.2.In case of any contradiction between these Rules of Procedure and the Staff Regulations, the Rules on recruitment, working conditions and geographical equilibrium or other relevant rules adopted by the Regional Steering Committee, the provisions of the latter shall apply.3.For the purpose of the present Rules of Procedure, the expression staff members shall mean all officials of the Secretariat, namely the Director, Deputy Directors and all other staff from the Contracting Parties, working permanently at the Secretariat in accordance with the Staff Regulations, excluding local staff, seconded experts and locally contracted experts.4.Any dispute between the Secretariat and a staff member concerning the Staff Regulations, the rules on recruitment, working conditions and geographical equilibrium or other relevant rules shall, in the first instance, be submitted to a Conciliation Committee (hereinafter referred to as the Committee).5.The staff members may submit an appeal to the Conciliation Committee in relation to Section 2.1, point 12 of the Staff Regulations of the Transport Community or when they have been subject to unjustifiable or unfair treatment by a superior.II.Conciliation Committee1.The Committee shall have authority to propose decisions on appeals filed by staff members against administrative decisions affecting them.2.The Committee shall be composed of:(a)a representative of the current Presidency of the Regional Steering Committee;(b)a representative of the Presidency of the Regional Steering Committee for the next term; and(c)a representative of the preceding Presidency of the Regional Steering Committee.The Committee shall be chaired by the current Presidency of the Regional Steering Committee.3.In discharge of their duties, the Committee members shall be completely independent and guided solely by their independent judgment. They shall neither seek nor receive any instructions from the Secretariat, shall carry out their tasks in full independence and shall avoid conflicts of interest. The deliberations of the Committee shall be confidential. The Committee members shall ensure the confidentiality of personal data processed in the context of a staff appeal.4.The Committee shall be set up within 30 calendar days from the date an appeal is lodged with the Director or the Presidency of the Steering Committee. The Director shall forward the appeal within 10 calendar days, from the date of receiving, to the Chair of the Committee.5.Once an appeal to the Committee is received by the Chair of the Committee, the Chair shall bring together the Committee members to examine the appeal. In the event of a dispute as to whether the Committee has competence, the matter shall be decided by the Committee.6.To the extent possible, the Committee shall have the same composition for the entire period needed to settle the case.7.The Committee shall determine:(a)the receivability of the appeal;(b)the time limits for the presentation of the response to the appeal by the Secretariat and the submission of evidence and other relevant procedural matters;(c)other matters relating to the conciliation, including whether oral hearings shall be held or whether the appeal shall be decided on the basis only of the documents submitted; and,(d)the procedure to be followed with regard to hearings of the Committee.The procedure shall be conducted in such a way as to give the parties concerned the opportunity to put forward facts and circumstances relevant to the appeal.8.The Committee shall decide on the appeal in accordance with the Staff Regulations, the rules on recruitment, working conditions and geographical equilibrium or other relevant rules. Matters concerning the interpretation of the Treaty establishing the Transport Community shall not be within the competence of the Committee.9.The Chairperson shall inform the Director, the Deputy-Director of the Secretariat and the staff member concerned of all procedural steps relating to the case.10.Committee sessions shall be held either in Belgrade or online, and the language of the proceedings shall be English. Administrative support to the Committee shall be provided by the Human Resources and Administration of the Secretariat.11.If concurrent appeals filed with the Committee relate to the same problem, the Committee may decide to handle the appeals together and formulate a single decision.12.The appeal proceeding shall be immediately put to an end if the staff member concerned withdraws his/her appeal or if a settlement by mutual agreement is reached. The staff member concerned shall inform the Chair of the Committee thereof in writing. The appeal proceeding shall be immediately put to an end in case of violation of part III, point 5.III.Appeal procedure1.Both the staff member and the Secretariat may initiate informal resolution of the issues involved, at any time before or after the staff member chooses to pursue the matter formally.2.An appeal shall not be receivable by the Committee if the dispute arising from a contested decision has been resolved by an agreement reached through informal resolution.3.However, a staff member may submit an appeal directly to the Committee in order to enforce the implementation of an agreement reached through informal resolution within 90 calendar days of the deadline for implementation as specified in the informal resolution agreement or, when the informal resolution agreement is silent on the matter, within 90 calendar days of the thirtieth calendar day from the date on which the agreement was signed.4.A staff member wishing to formally contest an administrative decision, shall, as a first step, submit in writing to the Director or the Presidency of the Steering Committee, when the complaint concerns the Director – an appeal for a Committee evaluation of the administrative decision.5.Neither the staff member concerned nor any representative of the Secretariat shall be allowed to discuss the issue of the appeal with the Committee members during the appeal procedure or to approach them on the issue of the appeal, in any form, other than as provided for in in part II, point 7.6.An appeal for Committee evaluation of the administrative decision shall not be receivable by the Director or the Presidency of the Steering Committee unless it is sent within 30 calendar days from the date on which the staff member received notification of the administrative decision to be contested. This deadline may be extended by the Secretariat pending efforts for informal resolution of the dispute.7.At the end of the assessment, the Committee shall draw up a report. The report shall set out the procedural steps followed, the facts and circumstances relevant to the appeal and its final proposal for decision.IV.Decision making1.The Committee shall decide by unanimity.2.The proposal for a decision on the contested administrative decision shall be made within 120 calendar days of the day the appeal was submitted to the Director or the Presidency of the Steering Committee.3.The proposal for a decision shall be communicated in writing to the staff member concerned, as well as to the Director and the Deputy-Directors. The decision may be inserted in the staff member’s personal file.4.The Secretariat’s response, reflecting the outcome of the Committee evaluation, shall be communicated in writing to the staff member within 30 calendar days of receipt of the proposal for a decision from the Committee.V.Suspension of action1.Neither the submission of an appeal for a Committee evaluation nor the filing of an appeal with the Arbitrator shall have the effect of suspending the implementation of the contested administrative decision.2.However, where a Committee evaluation of an administrative decision is required:(a)a staff member may submit a request to the Secretariat to suspend the implementation of the contested administrative decision until the Committee evaluation has been completed and the staff member has received notification of the outcome. The Secretariat may suspend the implementation of a decision in cases of particular urgency and where its implementation would cause irreparable damage. The Secretariat's decision on such request is not subject to appeal;(b)in cases involving separation from service, a staff member may opt to first request the Secretariat to suspend the implementation of the decision until the Committee evaluation has been completed and the staff member has received notification of the outcome. The Secretariat may suspend the implementation of a decision where it determines that the contested decision has not yet been implemented, in cases of particular urgency and where its implementation would cause irreparable damage to the staff member’s rights. If the Secretariat rejects the request, the staff member may then submit a request for suspension of action to the Committee.VI.Final provisions1Any amendments to these Rules of Procedure shall be adopted by a decision of the Steering Committee.2.One year from the entry into force of these Rules or at any time thereafter, based on practical experience with their application, the Secretariat may propose amendments to these Rules as it deems useful or necessary. Where a member of the Steering Committee wishes to propose such an amendment, the member shall consult first with the Secretariat.3.These Rules shall enter into force on the day of their adoption by the Steering Committee.L3172022EN6610120221205EN0010.0004731742Rules on Dispute SettlementI.General1.These Rules on dispute settlement refer to Section 15 of the Staff Regulations of the Transport Community, adopted pursuant to Decision No 3/2019 of the Regional Steering Committee of the Transport Community, in order to facilitate a timely procedure with reasonable costs to the parties.2.In case of any contradiction between these Rules and the Staff Regulations, the Rules on recruitment, working conditions and geographical equilibrium or other relevant rules adopted by the Regional Steering Committee, the provisions of the latter shall apply.3.Staff members or the Secretariat can submit an appeal to an Arbitrator only for contesting the proposal for decision done in the first instance by the Conciliation Committee.4.Any remaining dispute between the Secretariat and the staff member concerning the Staff Regulations, the rules on recruitment, working conditions and geographical equilibrium or other relevant rules shall, in the second instance, be submitted to an Arbitrator.II.Arbitrator1.The European Commission shall act as Arbitrator in the second instance.2.The Arbitrator shall be completely independent and guided solely by its independent judgement. It shall neither seek nor receive any instructions from the Secretariat, shall carry out its tasks in full independence and shall avoid conflicts of interest. The proceedings of the Arbitration shall be confidential. The Arbitrator shall ensure the confidentiality of personal data processed in the context of a staff appeal.3.The Arbitrator shall be appointed within 30 calendar days from the date on which an appeal is lodged with the Presidency of the Regional Steering Committee.4.The Arbitrator shall have a mandate for the entire period needed to settle the case.5.The Arbitrator shall determine:(a)the time limits for the presentation of the response to the dispute appeal by the Secretariat and the staff member concerned on submission of evidence; and,(b)other matters relating to the proceedings, including whether oral hearings shall be held or whether the appeal shall be decided on the basis only of the documents submitted.The procedure shall be conducted in such a way as to give the parties concerned the opportunity to put forward facts and circumstances relevant to the appeal.6.The Arbitrator shall decide on the dispute in accordance with the Staff Regulations, the rules on recruitment, working conditions and geographical equilibrium or other relevant rules. Matters concerning the interpretation of the Treaty establishing the Transport Community shall not be within the competence of the Arbitrator.7.The competence of the Arbitrator includes the authority to order, at any time during the proceedings, an interim measure, which is not subject to appeal, to provide temporary relief to either party where the contested decision appears prima facie to be unlawful, in cases of particular urgency, and where the implementation of the decision would cause irreparable damage. Such temporary relief may include the suspension of the implementation of the contested administrative decision, except in cases of appointment or termination.8.Dispute proceedings shall be held in Belgrade or online and the language of the proceedings shall be English. Administrative support to the Arbitrator shall be provided by the Human Resources and Administration of the Secretariat.9.The Arbitrator shall inform the staff member concerned and the Secretariat of all procedural steps relating to the case.10.If two or more appeals filed with the Arbitrator relate to the same problem, the Arbitrator may decide to handle them together and formulate a single decision.11.The dispute proceeding shall be immediately put to an end if the staff member concerned withdraws his/her appeal or if a settlement by mutual agreement is reached. The staff member concerned shall inform the Arbitrator thereof in writing. The appeal proceeding shall immediately be put to an end in case of violation of part III, point 3.III.Appeal procedure1.An appeal may be filed by either party against a contested administrative decision. It is to be lodged with the Presidency of the Regional Steering Committee within 30 calendar days following receipt of the Conciliation Committee’s proposal for a decision. An appeal shall not be receivable by the Presidency of the Regional Steering Committee unless the deadline has been met.2.The filing of an appeal with the Presidency of the Regional Steering Committee in second instance shall have the effect of suspending the execution of a decision that is contested, and which is based upon proposal of the Conciliation Committee.3.Neither the staff member concerned, nor any representative of the Secretariat shall be allowed to discuss the issue of appeal with the Arbitrator or to approach the Arbitrator in any form, during the proceeding, other than as provided for in part II, point 5.4.At the dispute settlement, the Arbitrator shall draw up a report. The report shall set out the procedural steps followed, the facts and circumstances relevant to the appeal and its final resolution.IV.Decision making1.The decision by the Arbitrator on the contested administrative decision shall be made within 90 calendar days of the day appeal was submitted to the Presidency of the Steering Committee.2.The decision shall be communicated in writing to the staff member concerned and to the Secretariat and the decision may be inserted in the staff member’s personal file.3.The decision by Arbitrator is final and binding for all parties.V.Final provisions1.Any amendments to these Rules on dispute settlements shall be adopted by a decision of the Steering Committee.2.One year from the entry into force of these Rules or at any time thereafter, based on practical experience with their application, the Secretariat may propose amendments to these Rules as it deems useful or necessary. Where a member of the Steering Committee wishes to propose such an amendment, it shall consult first with the Secretariat.3.These Rules shall enter into force on the day of their adoption by the Steering Committee.L3172022EN6610120221205EN0010.0005751751DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …on the amendment of the rules of procedure of the Regional Steering Committee of the Transport CommunityTHE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY,Having regard to the Treaty establishing the Transport Community, and in particular Article 24(5) thereof,HAS ADOPTED THIS DECISION:Sole ArticleHeading IV, point 4 of the Rules of Procedure of the Regional Steering Committee of the Transport Community is replaced by the following:4.The draft agenda of the meeting shall be agreed by the Presidency and the Vice-Presidency. The draft agenda and any documents related to it shall be distributed to the members and the observers at least four weeks prior to the relevant meeting. The members may make comments and propose that new items be added. Material of interest to other states, international organisations or other bodies invited in accordance with paragraph 3 of Section II shall also be distributed to those other states, international organisations and other bodies.For the Regional Steering CommitteeThe PresidentL3172022EN7610120221205EN0011.0001771771DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …on the revised procedure for the implementation of the budget and the presenting and auditing of accounts, applicable to the Transport CommunityTHE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY,Having regard to the Treaty establishing the Transport Community, and in particular Article 24(1) and Article 35 thereof,HAS ADOPTED THIS DECISION:Sole ArticleThe revised financial rules and auditing procedures applicable to the Transport Community, attached to this Decision, are hereby adopted.For the Regional Steering CommitteeThe PresidentL3172022EN7610120221205EN0011.00027819518FINANCIAL RULES AND AUDITING PROCEDURES APPLICABLE TO THE TRANSPORT COMMUNITYTABLE OF CONTENTSTITLE I:SUBJECT MATTERTITLE II:OBLIGATIONS OF THE PARTIESTITLE III:BUDGETARY PRINCIPLESCHAPTER 1PRINCIPLE OF BUDGETARY ACCURACYCHAPTER 2PRINCIPLE OF ANNUALITYCHAPTER 3PRINCIPLE OF EQUILIBRIUMCHAPTER 4PRINCIPLE OF UNIT OF ACCOUNTCHAPTER 5PRINCIPLE OF UNIVERSALITYCHAPTER 6PRINCIPLE OF SPECIFICATIONCHAPTER 7PRINCIPLE OF SOUND FINANCIAL MANAGEMENTCHAPTER 8PRINCIPLE OF TRANSPARENCYCHAPTER 9INTERNAL CONTROL OF BUDGET IMPLEMENTATIONTITLE IV:BUDGET COMMITTEETITLE V:IMPLEMENTATION OF THE BUDGETCHAPTER 1GENERAL PROVISIONSCHAPTER 2FINANCIAL ACTORSCHAPTER 3LIABILITY OF THE FINANCIAL ACTORSCHAPTER 4REVENUE OPERATIONSCHAPTER 5EXPENDITURE OPERATIONSTITLE VI:PROCUREMENTTITLE VII:PRESENTATION OF THE ACCOUNTS AND ACCOUNTINGCHAPTER 1PRESENTATION OF THE ACCOUNTSCHAPTER 2ACCOUNTINGCHAPTER 3PROPERTY INVENTORIESTITLE VIII:EXTERNAL AUDIT AND PROTECTION OF FINANCIAL INTERESTSTITLE IX:TRANSITIONAL AND FINAL PROVISIONSTITLE ISUBJECT MATTERArticle 1These rules establish the procedure for the implementation of the budget and for the presenting and auditing of accounts in accordance with Article 35 of the Treaty establishing the Transport Community (the Treaty)OJ EU L 278, 27.10.2017, p. 3..TITLE IIOBLIGATIONS OF THE PARTIESArticle 21.The Parties shall transfer 75 % of their financial contributions to the Transport Community no later than the 31 March of each year. The Parties shall transfer the remaining 25 % of their contributions no later than 30 June of each year.2.The financial contributions of the Parties to the Transport Community must be made in euro.3.The Transport Community shall bear the transaction cost levied by its payment service provider and the Contracting Parties to the Treaty shall bear the transaction cost levied by their payment service provider.TITLE IIIBUDGETARY PRINCIPLESArticle 3The implementation of the budget of the Transport Community (the budget) shall comply with the principles of budgetary accuracy, annuality, equilibrium, unit of account, universality, specification, sound financial management which requires effective and efficient internal control, and transparency as set out in these rules.Chapter 1Principle of budgetary accuracyArticle 4No expenditure shall be committed or authorised in excess of the authorised appropriations.Chapter 2Principle of annualityArticle 5Administrative expenditure arising from contracts covering periods that extend beyond the financial year, either in accordance with local practice or relating to the supply of equipment, shall be charged to the budget of the financial year in which they are effected.Article 61.The appropriations authorised in the budget for a relevant year may be used solely to cover expenditure incurred and legally committed in that financial year.2.Commitment appropriations shall be entered in the accounts for the financial year on the basis of the legal commitments entered into up to 31 December of that year.3.Payment appropriations shall be entered in the accounts for the financial year on the basis of the payments effected by the accounting officer by 31 December of that year.4.Apropriations corresponding to legal obligations duly contracted at the end of the financial year shall be carried forward automatically to the following financial year only, and shall be identified respectively in the accounts.5.Appropriations which have not been used by the end of the financial year for which they were entered shall be cancelled, unless they are carried over in accordance with paragraph 4.6.Appropriations placed in reserve and appropriations for staff expenditure shall not be carried over. For the purposes of this Article, staff expenditure comprises remuneration and allowances for staff who are subject to the Staff Regulations.7.Appropriations which have not been used and have not been committed at the end of the financial years for which they were entered shall be cancelled and paid back to the Parties in accordance with the percentages established in Annex V of the Treaty and the actual contributions paid by the parties.Chapter 3Principle of equilibriumArticle 7The Transport Community shall not raise loans.Chapter 4Principle of unit of accountArticle 8The budget shall be implemented in euro and the accounts shall be presented in euro. However, for cash-flow purposes, the Permanent Secretariat shall be authorised to carry out operations in other currencies.Chapter 5Principle of universalityArticle 91.The following deductions may be made from payment requests, invoices or statements, which shall then be passed for payment of the net amount:(a)penalties imposed on parties to contracts, including procurement contracts;(b)adjustments for amounts paid unduly, which can be made by means of direct deduction against a new payment of the same type to the same payee under the chapter, article and financial year in respect of which the excess payment was made, and which give rise to interim payments or payments of balances.2.Discounts, refunds and rebates on invoices and payment requests shall not be recorded as revenue of the Transport Community.3.Any negative balance shall be entered in the budget as expenditure.Chapter 6Principle of specificationArticle 101.The Director may take decisions on transfers of appropriations (excluding the human resources budget line) within the budget up to a maximum of 15 % of the appropriations for the year shown on the line from which the transfer is made.2.The Director shall inform the Chairs of the Budget Committee and the Regional Steering Committee within 7 days upon taking a decision in accordance with paragraph 1.3.Transfers of budget appropriations other than those referred to in paragraph 1 must receive the preliminary agreement of the Regional Steering Committee.4.Appropriations carried over in order to meet legal obligations signed at the end of the given year shall not be eligible for the use referred to in paragraph 1. They shall not be taken into account for determining the maximum amount corresponding to the limit of 15 % referred to in that paragraph.Chapter 7Principle of sound financial managementArticle 111.Budget appropriations shall be used in accordance with the principle of sound financial management, which comprises the principles of economy, efficiency and effectiveness.2.The principle of economy requires that the resources used by the Transport Community for the pursuit of its activities shall be made available in due time, in appropriate quantity and quality and at the best price.3.The principle of efficiency concerns the best relationship between resources employed and results achieved.4.The principle of effectiveness concerns attaining the specific objectives set and achieving the intended results. Those results shall be evaluated.Chapter 8Principle of transparencyArticle 121.The budget shall be implemented and the accounts presented in compliance with the principle of transparency.2.The budget and amending budgets, as finally adopted, shall be published on the website of the Permanent Secretariat.Chapter 9Internal control of budget implementationArticle 131.The budget of the Transport Community shall be implemented in compliance with effective and efficient internal control.2.For the purposes of the implementation of the budget of the Transport Community, internal control is defined as a process applicable at all levels of the management and designed to provide reasonable assurance of achieving the following objectives:(a)effectiveness, efficiency and economy of operations;(b)reliability of reporting;(c)safeguarding of assets and information;(d)prevention, detection, correction and follow-up of fraud and irregularities;(e)adequate management of the risks relating to the legality and regularity of the underlying transactions, taking into account the multi-annual character of programmes as well as the nature of the payments concerned.3.Effective and efficient internal control shall be based on best international practices and include, in particular, the elements laid down in Article 36(3) and (4) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the CouncilRegulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ EU L 193, 30.7.2018, p. 1)., taking into account the structure and size of the Transport Community, the nature of the tasks entrusted to it and the amounts and financial and operational risks involved.TITLE IVBUDGET COMMITTEEArticle 141.A Budget Committee is hereby established.2.The Budget Committee shall advise the Director in the financial management of the operations of the Transport Community. In order to fulfil this task, the Budget Committee shall be provided with all the necessary information or explanations regarding budgetary matters and matters with potential budgetary impact.3.The Budget Committee may report to the Regional Steering Committee and issue recommendations on budgetary matters and on any matter which may have an impact on the budget.Article 151.The Budget Committee shall consist of one member from each of the South East European Parties and two members of the European Union, represented by the European Commission.2.Meetings of the Budget Committee shall be chaired by the European Commission. The Chairperson may appoint a Co-chair.3.The Budget Committee shall hold at least two ordinary meetings a year. In addition, it shall meet at the instance of the Chairperson or at the request of at least one third of its members.4.The Budget Committee shall adopt its internal rules of procedure. Its recommendations may be adopted by written procedure. The Budget Committee shall act by simple majority of the votes including the positive vote of the European Union. In case of an equal vote, the European Union shall have the deciding vote.5.The Permanent Secretariat shall provide administrative support to the Budget Committee.6.The Permanent Secretariat shall be represented at the meetings of the Budget Committee without voting rights.TITLE VIMPLEMENTATION OF THE BUDGETChapter 1General provisionsArticle 16The Director shall perform the duties of authorising officer.Article 17The Director may delegate powers of budget implementation to staff of the Permanent Secretariat. Those so empowered may act only within the limits of the powers expressly conferred upon them and are bound by these rules. The Director shall send a copy of any delegation decision taken under this Article to the Regional Steering Committee.Article 181.All financial actors within the meaning of Chapter 2 of this Title shall be prohibited from taking any measures of budget implementation which may bring their own interests into conflict with those of the Transport Community. Should such a case arise, the actor in question must refrain from such measures and refer the matter to the competent authority.2.There is a conflict of interests where the impartial and objective exercise of the functions of an actor in the implementation of the budget or an auditor is compromised for reasons involving family, private life, political or national affinity, economic interest or any other shared interest with the beneficiary or contractor.3.The competent authority referred to in paragraph 1 shall be the immediate superior of the member of staff concerned. If the member of staff is the Director, the competent authority shall be the Regional Steering Committee.Article 19Technical expertise tasks and administrative, preparatory or ancillary tasks involving neither the exercise of public authority nor the use of discretionary powers of judgement may be entrusted by contract to external entities or bodies, where this proves to be indispensable.Chapter 2Financial actorsSection 1Principle of segregation of dutiesArticle 20The duties of authorising officer and accounting officer shall be segregated and mutually incompatible.Section 2Authorising officerArticle 211.The authorising officer shall be responsible for implementing revenue and expenditure.2.To implement expenditure, the authorising officer shall make budget commitments and legal commitments, shall validate expenditure and authorise payments in accordance with the relevant provisions of these rules and shall undertake the implementation of appropriations.3.Implementation of revenue shall comprise drawing up estimates of amounts receivable, establishing entitlements to be recovered and issuing recovery orders. It shall involve waiving established entitlements where appropriate.4.The authorising officer shall assure that all the supporting documents related to operations are properly preserved for a period of five years.Article 221.Having due regard to the risks associated with the management environment and the nature of the actions financed, the authorising officer shall put in place the organisational structure, internal management, control systems and procedures suited to the performance of the duties of the authorising officer, including where appropriate, ex post verifications.2.Before an operation is authorised, the operational and financial aspects shall be verified by staff members other than those initiating the operation. Initiation and the ex ante and ex post verification of an operation shall be separate functions.3.The staff responsible for the verifications shall be different from those initiating the operation and shall not be their subordinates.Article 23The Director, as authorising officer, shall submit to the Regional Steering Committee an annual activity report which contains financial and management information.Article 24Any member of staff who is involved in the financial management and control of transactions shall inform the Director in writing if they consider that a decision which their superior requires them to apply or agree to is irregular or contrary to these rules or to the professional rules the staff member is required to observe. The Director shall take action within a reasonable period. If the Director fails to do so, the staff member shall inform the Regional Steering Committee.Article 25Where powers of budget implementation are delegated, Article 21 of these rules shall apply mutatis mutandis to the authorised officer.Section 3Accounting officerArticle 261.Upon proposal of the European Commission, the Director shall appoint an accounting officer, in accordance with the rules of procedure in force for the recruitment, working conditions and geographic equilibrium of the staff of the Permanent Secretariat, who shall be responsible in the Permanent Secretariat for:(a)proper implementation of payments, collection of revenue and recovery of amounts established as being receivable;(b)preparing and presenting the accounts in accordance with Title V;(c)keeping the accounts in accordance with Title V;(d)implementing, in accordance with Title V, the accounting rules and methods and the chart of accounts;(e)laying down and validating the accounting systems and where appropriate validating systems laid down by the authorising officer to supply or justify accounting information;(f)treasury management.2.Subject to paragraph 3, only the accounting officer is empowered to manage monies and other assets and shall be responsible for their safekeeping.3.If necessary, the accounting officer may delegate certain tasks, without prejudice to the principle of segregation of duties.Chapter 3Liability of the financial actorsSection 1General rulesArticle 271.The responsibility under these rules is personal.2.In the event of any illegal activity, fraud, corruption or irregularity which may harm the financial interests of the Transport Community, the financial actor affected shall without delay inform the Director or, if considered useful, the Regional Steering Committee, or the European Anti-Fraud Office (OLAF). The financial interests of the Transport Community means all revenues, expenditure and assets covered by, acquired through, or due to the Transport Community budget.3.Where an activity has been subject to irregularities or fraud, the authorising officer responsible shall suspend the procedure and may take any necessary measures, including the cancellation of any decision taken in the framework of the said activity. The authorising officer responsible shall inform all competent authorities, including where applicable OLAF and the European Public Prosecutor’s Office (EPPO), immediately of suspected cases of fraud or irregularities.Article 281.The authorising officer may withdraw any delegation at any time temporarily or definitively. The Regional Steering Committee and the Chairman of the Budget Committee shall be immediately informed of such an action with a proper justification.2.The accounting officer may at any time be suspended temporarily or definitively from duty by the Director, upon preliminary agreement of the European Commission. On a proposal of the European Commission, the Director shall appoint an interim accounting officer and consequently a permanent accounting officer in accordance with the recruitment rules of the Transport Community.Article 291.The provisions of this chapter are without prejudice to the criminal law liability which the authorising officer and the persons referred to in this Chapter may incur as provided in the applicable national law of the country of domicile and in the provisions in force on the protection of the financial interests of the Transport Community and on the fight against corruption involving officials of the Transport Community or officials of the Contracting Parties to the Treaty.2.In the event of evidence of illegal activity, fraud or corruption which may harm the financial interests of the Transport Community, the matter shall be referred to the competent authorities and bodies.Section 2Rules applicable to the authorising officerArticle 301.The authorising officer may be required to make good, in whole or in part, any damage suffered by the Transport Community as a result of serious misconduct on his part in the course of or in connection with the performance of his duties, in particular if he determines entitlements to be recovered or issues recovery orders, commits expenditure or signs a payment order without complying with these rules. The same shall apply where, through serious misconduct, the authorising officer:(a)fails to draw up a document establishing an amount receivable;(b)fails to issue a recovery order or is, without justification, late in issuing it;(c)fails to issue a payment order or is late in issuing it, thereby rendering the Transport Community liable to civil action by third parties.2.An authorising officer by delegation who considers that a decision falling under their responsibility is irregular or contrary to the principles of sound financial management shall inform the delegating authority in writing. If the delegating authority then gives a reasoned instruction in writing to the authorising officer by delegation to implement the decision in question, the authorising officer by delegation must implement it and may not be held liable.3.In the event of delegation, the delegating authority shall continue to be responsible for the effectiveness of the internal management rules put in place and for the choice of the authorising officer by delegation.4.The authorising officer shall not be held responsible for any decisions taken by the Regional Steering Committee, in case they are strictly followed. Should the authorising officer disagree with any of those decisions, they have the right to notify the relevant authority in writing. However, the authorising officer is obliged to follow the relevant decisions.Chapter 4Revenue operationsSection 1General provisionsArticle 31Interest accrued on the accounts of the Transport Community shall form part of its revenue, in addition to the contributions of the Contracting Parties to the Treaty.Section 2Estimate of amounts receivableArticle 32An estimate of the amount receivable shall first be made by the authorising officer responsible in respect of any measure or situation which may give rise to or modify an amount owing to the Transport Community.Section 3Establishment of amounts receivable from third partiesArticle 331.Establishment of an amount receivable is the act by which the authorising officer or authorising officer by delegation:(a)verifies that the debt exists;(b)determines or verifies the reality and the amount of the debt;(c)verifies the conditions in which the debt is due.2.Any amount receivable that is identified as being certain, of a fixed amount and due must be established by a recovery order given to the accounting officer, accompanied by a debit note sent to the debtor. Both of those documents shall be drawn up and sent by the authorising officer responsible.3.In duly substantiated cases, certain routine revenue items may be established provisionally.Provisional establishment shall cover the recovery of several individual amounts which therefore do not need be established individually.Before the end of the financial year, the authorising officer shall amend the amounts established provisionally to ensure that they correspond to the amounts receivable actually established.Article 34The authorisation of recovery is the act whereby, having established an amount receivable, the authorising officer responsible, by issuing a recovery order, instructs the accounting officer to recover that amount receivable.Article 351.Amounts wrongly paid shall be recovered.2.The accounting officer shall act on recovery orders for amounts receivable duly established by the authorising officer or authorising officer responsible. The accounting officer shall exercise due diligence to ensure that the Transport Community receives its revenue and shall see that its rights are safeguarded.3.Where the authorising officer responsible is planning to waive recovery of an established amount receivable, the authorising officer shall ensure that the waiver is in order and complies with the principle of sound financial management. Such a waiver shall be by decision of the authorising officer, which must be substantiated. The authorising officer may not delegate such a decision. The waiver decision shall state what action has been taken to secure recovery and the points of law and fact on which it is based.4.The authorising officer responsible shall cancel an established amount receivable when the discovery of a mistake as to a point of law or fact reveals that the amount had not been correctly established. Such cancellation shall be by decision of the authorising officer responsible and shall be suitably substantiated.5.The authorising officer responsible shall adjust the amount of an established debt upwards or downwards when the discovery of a factual error entails the alteration of the amount of the debt, provided that this correction does not involve the loss of the established entitlement of the Transport Community. Such an adjustment shall be by decision of the authorising officer responsible and shall be suitably substantiated.6.Where a debtor has a claim against the Transport Community, of a fixed amount and due relating to a sum established by a payment order, the accounting officer shall, after expiry of the deadline specified in the debit note, recover established amounts receivable by offsetting.In exceptional circumstances, where it is necessary to safeguard the financial interests of the Transport Community and where the accounting officer has justified grounds to believe that the amount due to the Transport Community would be lost, the accounting officer may recover by offsetting before the expiry of the deadline specified in the debit note.The accounting officer may also recover by offsetting before the expiry of the deadline specified in the debit note when the debtor agrees.7.Before proceeding with any recovery in accordance with paragraph 6, the accounting officer shall consult the authorising officer and inform the debtor(s) concerned.8.The offsetting referred to in paragraph 6 shall have the same effect as payment and discharge the Transport Community for the amount of the debt and, where appropriate, of the interest due.Article 361.Upon actual recovery of the sum due, the accounting officer shall make an entry in the accounts and shall inform the authorising officer responsible.2.A receipt shall be issued in respect of all cash payments made to the accounting officer.Article 371.If actual recovery has not taken place by the due date stipulated in the debit note, the accounting officer shall inform the authorising officer responsible and immediately launch the procedure for effecting recovery by any means offered by the law.2.The accounting officer shall recover amounts by offsetting them against equivalent claims that the debtor has on the Transport Community, provided that the claim is certain, of a fixed amount and due, and that offsetting is legally possible.Article 38The accounting officer, in collaboration with the authorising officer responsible, may allow additional time for payment only at the written request of the debtor, with due indication of the reasons, provided that the following two conditions are met:(a)the debtor undertakes to pay interest for the entire additional period allowed, starting from the date on which the payment was originally due at the rate applied by the European Central Bank for its main refinancing operations in euro (the reference rate) plus eight points. The reference rate is the rate in force, as published in the C series of the Official Journal of the European Union, on the first day of the month in which the payment period ends;(b)in order to safeguard the rights of the Transport Community, the debtor provides a financial guarantee covering both the principal sum and the interest.Chapter 5Expenditure operationsArticle 39Every item of expenditure shall be committed and paid.Section 1Commitment of expenditureArticle 401.The budget commitment is the operation reserving the appropriation necessary to cover subsequent payments to honour a legal commitment.2.The legal commitment is the act whereby the authorising officer responsible enters into or establishes an obligation which results in a charge for the budget.Article 411.In respect of any measure which may give rise to expenditure chargeable to the budget, the authorising officer responsible must first make a budget commitment before entering into a legal commitment with third parties.2.Individual legal commitments relating to individual budget commitments shall be concluded by 31 December of the financial year concerned.Article 421.The unused balance of budget commitments relating to year N shall be de-committed by the authorising officer responsible by 31 March of year N+1.2.The legal commitments entered into for actions extending over more than one financial year and the corresponding budget commitments shall, save in the case of staff expenditure, have a final date for implementation set in compliance with the principle of sound financial management. Any parts of such commitments which have not been executed six months after that final date shall be de-committed.3.Where a legal commitment has not then resulted in a payment after a period of three years, the authorising officer responsible shall de-commit it.Article 43When adopting a budget commitment, the authorising officer responsible shall ensure that:(a)the expenditure has been charged to the correct item in the budget;(b)the appropriations are available;(c)the expenditure conforms to the applicable provisions, in particular those of the Treaty and the internal management rules of the Transport Community;(d)the principle of sound financial management is complied with.Section 2Validation of expenditureArticle 44Validation of expenditure is the act whereby the authorising officer responsible:(a)verifies the existence of the creditor’s entitlement;(b)verifies the conditions in which payment is due;(c)determines or verifies the reality and the amount of the claim.Article 451.Validation of any expenditure shall be based on supporting documents attesting the creditor’s entitlement, on the basis of a statement of services actually rendered, supplies actually delivered or work actually carried out, or on the basis of other documents justifying payment.2.The validation decision shall be expressed by the signing of a passed for payment voucher by the authorising officer responsible.Section 3Authorisation of expenditureArticle 461.Authorisation of expenditure is the act whereby the authorising officer responsible, by issuing a payment order, instructs the accounting officer to pay an item of expenditure which the authorising officer responsible has validated.2.The payment order shall be dated and signed by the authorising officer responsible, then sent to the accounting officer. The supporting documents shall be kept by the authorising officer responsible in accordance with Article 21(4).3.Where appropriate, the payment order sent to the accounting officer shall be accompanied by a document certifying that the goods have been entered in the inventories referred to in Article 60.Section 4Payment of expenditureArticle 471.Payment of expenditure shall be made on production of proof that the relevant action has been carried out in accordance with the basic act and shall cover one of the following operations:(a)payment of the entire amount due;(b)payment of the amount due in any of the following ways:(i)pre-financing, which may be divided into a number of payments;(ii)one or more interim payments;(iii)payment of the balance of the amounts due. Pre-financing shall count in full or in part against the interim payments.The entire pre-financing and interim payments shall count against the payment of balances.2.A distinction shall be made in the accounts between the different types of payment referred to in paragraph 1 at the time they are made.Article 48Payment of expenditure shall be made by the accounting officer within the limits of the funds available.TITLE VIPROCUREMENTArticle 49Directive 2014/24/EU of the European Parliament and of the CouncilDirective 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ EU L 94, 28.3.2014, p. 65). shall apply.For procurement procedures with a total value below the threshold set in Directive 2014/24/EU, detailed rules are laid down in Annex I to these Financial Rules.TITLE VIIPRESENTATION OF THE ACCOUNTS AND ACCOUNTINGChapter 1Presentation of the accountsArticle 50The annual accounts of the Transport Community shall comprise:(a)the financial statements of the Transport Community and accompanying annexes;(b)the report on implementation of the budget of the Transport Community.Article 51The accounts must comply with the accounting rules set out in Regulation (EU, Euratom) 2018/1046 and be accurate and comprehensive and present a true and fair view:(a)as regards the financial statements, of the assets and liabilities, charges and income, entitlements and obligations not shown as assets or liabilities and cash flow;(b)as regards report on budget implementation, of revenue and expenditure operations.Article 52The financial statements shall present information, including information on accounting policies, in a manner that ensures it is relevant, reliable, comparable and understandable. The financial statements shall be drawn in accordance with generally accepted accounting principles as outlined in the accounting rules in accordance with Article 80 of Regulation (EU, Euratom) 2018/1046 or the accrual based International Public Sector Accounting Standards (IPSAS).Article 531.In accordance with the principle of accrual-based accounting, revenue and expenses are recorded in the period in which they are earned or incurred regardless of the date of payment or collection.2.The value of assets and liabilities shall be determined in accordance with the valuation rules laid down by the accounting methods provided for in the International Accounting Standard and, if necessary, in National standards of the country of domicile.Article 541.The financial statements shall be presented in euro and shall comprise:(a)the balance sheet and the statement of financial performance, which represent all assets and liabilities, the financial situation and the economic result at 31 December of the preceding financial year; they shall be presented in accordance with the accounting rules in Article 80 of Regulation (EU, Euratom) 2018/1046 or the accrual based IPSAS;(b)the cash-flow statement showing amounts collected and disbursed during the financial year and the final treasury position;(c)the statement of changes in equity during the financial year.2.The annex to the financial statements shall supplement and comment on the information presented in the financial statements referred to in paragraph 1 and shall supply all the additional information prescribed by internationally accepted accounting practice where such information is relevant to the Transport Community’s activities.Chapter 2AccountingSection 1Common provisionsArticle 551.The accounting system of the Transport Community is the set of manual and computerised procedures and controls that provide for identifying relevant transactions or events, preparing accurate source documents, entering data into the accounting records accurately, processing transactions accurately, updating master files properly, and generating accurate documents and reports.2.The accounts shall consist of general accounts and budget accounts. These accounts shall be kept in euro on the basis of the calendar year.3.The figures in the general accounts and the budget accounts shall be adopted at the close of the budget year so that the accounts referred to in Chapter 1 can be drawn up.4.The accounting officer shall apply accounting rules and methods which take account of the IPSAS, and if necessary of the rules applied by the public authorities of the host country.Section 2General accountsArticle 56The general accounts shall record, in chronological order using the double entry method, all events and operations which affect the economic and financial situation and the assets and liabilities of the Transport Community.Article 571.Movements on the accounts and the balances shall be entered in the accounting ledgers.2.All accounting entries, including adjustments to the accounts, shall be based on supporting documents, to which they shall refer.3.The accounting system must be such as to leave a trail for all accounting entries.Article 58The accounting officer of the Transport Community shall, after the close of the budget year and up to the date of presentation of the final accounts, make any adjustments which, without involving disbursement or collection in respect of that year, are necessary for a true and fair presentation of the accounts in compliance with these rules.Section 3Budget accountsArticle 591.The budget accounts shall provide a detailed record of budget implementation.2.For the purposes of paragraph 1, the budget accounts shall record all budget revenue and expenditure operations.3.The Permanent Secretariat shall establish an annual report at the latest on 30 March of each year. The annual report shall include:an operational report explaining the work carried out by the Permanent Secretariat and the results achieved, giving an overview of the progress towards the objectives set in the annual work programme of the Permanent Secretariat;a financial report on the budget implementation.Chapter 3Property inventoriesArticle 60The Transport Community shall keep inventories showing the quantity and value of all the tangible, intangible and financial assets constituting Transport Community property.TITLE VIIIEXTERNAL AUDIT AND PROTECTION OF FINANCIAL INTERESTSArticle 61Each year, the accounting officer shall establish the accounts of the previous year no later than 31 March. Those accounts shall be validated by the Director.Article 62Independent external auditors, to be designated by the Regional Steering Committee, shall carry out the annual audit of the Transport Community (the external auditors). The term of service of the external auditors is renewable every year, unless otherwise specified by the Regional Steering Committee.Article 631.The external auditors shall submit to the Regional Steering Committee a report, together with the statement of assets and liabilities and certified accounts, not later than eight months after the end of the financial year to which they relate.2.The Director shall make such observations as the Director considers appropriate on the external auditors’ report.3.The external auditors shall conduct such audits as deemed necessary, in accordance with their approved Terms of Reference. The external auditors shall, in particular, inspect the accounting records and procedures of the Transport Community for the purpose of verifying the accuracy and completeness of the records. The external audit determines the overall validity of financial statements.4.The external auditors shall submit an audit report and certified accounts, together with a statement of assurance relating to the reliability of the accounts and the legality and regularity of the underlying transactions, to the Regional Steering Committee not later than eight months after the end of the financial year to which the accounts relate. If so requested by the Regional Steering Committee, the Budget Committee shall make such observations to the Regional Steering Committee as it considers appropriate on the documents submitted by the external auditors.Article 641.The authorising officer and the Regional Steering Committee shall transmit without delay to OLAF and the European Commission any information obtained in accordance with Article 27.2.The Regional Steering Committee and the staff of the Transport Community shall fully cooperate in the protection of the financial interests of the Union, in particular with the EPPO and OLAF and provide them with the relevant information and, upon request, any assistance necessary to exert their respective competences, including to carry out investigations in accordance with Council Regulation (EU) 2017/1939Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (the EPPO) (OJ EU L 283, 31.10.2017, p. 1). and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the CouncilRegulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ EU L 248, 18.9.2013, p. 1).. The authorising officer shall also assure that any third person involved in the implementation of the Transport Community’s budget will fully cooperate and grant the EPPO and OLAF equivalent rights.3.OLAF shall have the power to carry out administrative investigations at the premises of the Transport Community, including the right of access for inspection in accordance with Regulation (EU, Euratom) No 883/2013.TITLE IXTRANSITIONAL AND FINAL PROVISIONSArticle 65The Regional Steering Committee shall be empowered to obtain any necessary information or explanations regarding the implementation of the budget.Article 66Upon approval of the European Commission, the Director may adopt, where necessary, guidelines for the implementation of these rules.Article 67Until the appointment of the members of the Budget Committee, its functions under Article 14(2) will be performed by the European Commission.Article 68These rules shall be binding in their entirety on the Contracting Parties to the Treaty and the bodies set up under the Treaty.Article 69These rules shall apply from the day following their adoption.L3172022EN10610120190605EN0012.000110811081DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …amending Decision N° 2019/3 of the Regional Steering Committee of the Transport Community of 5 June 2019THE 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 ArticleDecision 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:5.3TeleworkingTeleworking 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;5.a new Article 9.4 is added to Annex II, Staff Regulations of the Transport Community, and shall read as follows:9.4Education allowanceThe 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 CommitteeThe PresidentL3172022EN10610120221205EN0012.000210911091DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …on the rules on education allowance for the Transport Community Permanent SecretariatTHE 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 ArticleThe rules on the education allowance for the Transport Community Permanent Secretariat, attached to this Decision, are hereby adopted.For the Regional Steering CommitteeThe PresidentL3172022EN10610120221205EN0012.000311011123Rules on Education allowances for the Transport Community Permanent Secretariat1.Definitions1.1Secretariat means the Permanent Secretariat of the Transport Community.1.2Director means the Director of the Secretariat.1.3Staff 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.1.4dependent child means:a)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;b)any child whom the staff member has a responsibility to support, under a judicial decision on the protection of minors.1.5Headquarters refers the place where the seat of the Secretariat is.1.6educational institutions means nurseries, kindergarten, pre-school, primary and secondary educational institutions, which provide tuition and teaching curriculums.1.7education 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.Applicability2.1Educational 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.2.2The entitlement shall cease in cases when:a)the child is no longer in full-time attendance at an educational institution which charges schooling fees, orb)the child reaches the age of 18 years, orc)the employment of the staff member ends.3.Payment of educational allowance3.1Staff 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.3.2Staff 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.3.3The following items of expenditure shall be taken into account for the educational allowance:a)school/educational institution enrolment fee(s), orb)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.3.4The 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.3.5The 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.3.6Payment 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.3.7If 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.3.8The education allowance shall not be payable in respect of correspondence courses or for private tuition.3.9In 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.3.10The 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.3.11Claims 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 provision4.1Education 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.4.2Members 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.4.3The Director is responsible for the proper implementation of these rules.4.4Depending on the development of prices, the Director may propose to the Regional Steering Committee to review these rules.L3172022EN10610120221205EN0012.000411311131DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …on the rules on secondment and locally contracted expertsTHE 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 ArticleThe rules on secondment and locally contracted experts, attached to this Decision, are hereby adopted.For the Regional Steering CommitteeThe PresidentL3172022EN10610120221205EN0012.000511411196Rules on Secondment and locally contracted experts1.Definitions1.1TCT Secretariat means the Permanent Secretariat of the Transport Community;1.2Director means the Director of the TCT Secretariat;1.3Staff 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.1.4South East European Party means one of Albania, Bosnia and Herzegovina, KosovoThis 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., Montenegro, North Macedonia and Serbia;1.5secondee means an employee employed by the original (actual) employer, but temporarily sent to Headquarters for rendering services to the TCT Secretariat.1.6Secondment 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.1.7Headquarters refers to the place where the seat of the TCT Secretariat is located.1.8Transport 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.1.9TCT means the Transport Community Treaty.1.10Locally 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.Secondments2.1When 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.2.2The Transport public institutions of the TCT Contracting Parties are entitled to secondment of experts for an assignment within the TCT Secretariat.2.3A 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.2.4The 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.2.5The secondee shall be a citizen of any Member State of the European Union or of any South East European Party.2.6The TCT Secretariat does not cover any other engagement costs to the secondee, aside of what is stipulated in point 10.2.7The place of secondment shall be the seat of the TCT Secretariat in Belgrade.2.8The secondee shall have an excellent command of the English language.2.9The 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 procedure3.1The 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.3.2Secondees 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.3.3An 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.3.4The selection procedure and criteria shall be drafted by the TCT Secretariat and presented to the Regional Steering Committee.3.5In 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.3.6Following a proposal of the Selection Panel, the secondment shall be authorised by the TCT Secretariat Director3.7The 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 secondment4.1The period of secondment shall be limited to six months.4.2Secondees shall serve on a full-time basis throughout the period of secondment.5.Tasks of the secondee5.1Secondees will receive a work plan with clearly defined tasks and responsibilities, as well as lines of reporting.5.2All 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.5.3The 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:a)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;b)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.5.4The 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.5.5The 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).5.6Failure 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 secondee6.1During 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 secondment7.1At 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 secondment8.1The secondment may be terminated:a)by the secondee’s employer, if the employer’s essential interests so require;b)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;c)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;d)in case of termination of or change in the secondee’s administrative status.8.2The termination will be subject to a one-month notice.9.Social security of the secondee9.1Before 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.9.2From 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 secondee10.1The secondee shall be entitled to a daily subsistence allowance (DSA) per calendar day throughout the period of secondment.10.2The 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.10.3The DSA rate shall be EUR 91,28.10.4Before 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.10.5The secondee shall not engage in any paid activity outside of the TCT Secretariat during the secondment.10.6When 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.10.7Secondees, 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 secondee11.1The working hours for secondees shall be in line with Article 5 of the Staff Regulations.11.2Sick leave may not extend beyond the duration of the secondment of the person concerned.11.3The rules in force at the TCT Secretariat on annual, special, sick, bereavement leaveTCT Staff Regulations: https://www.transport-community.org/wp-content/uploads/2019/11/transport-community-staffrules_annexe2.pdf shall apply to secondees.11.4Any unused leave with the employer before the start of the secondment shall not be considered nor made available when seconded to the TCT Secretariat.11.5During 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.11.6Days of annual leave not taken by the end of the period of secondment shall be forfeited.11.7Secondees 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.11.8Secondees shall be entitled to attend training courses organised by the TCT Secretariat, if in the interests of the TCT Secretariat.11.9Secondees shall sign a declaration of absence of conflict of interest and of confidentiality before taking up their work.11.10The 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.11.11The 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.11.12Secondees shall present the TCT Secretariat a written confirmation of their health and pension insurance coverage before taking up work.11.13Secondees shall not have any claim to employment at the TCT Secretariat.11.14In 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 experts12.1The 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:a)there is a need of additional administrative or expert support related to the implementation of the TCT;b)there is a lack of corresponding capacities or knowledge;c)a limited period; and,d)budget availability.12.2The 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.12.3Locally 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.12.4Locally 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.12.5Locally 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.12.6Locally contracted experts shall not have any claim to employment at the Transport Community TCT Secretariat.13.Final provisions13.1The 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.13.3The Director may propose to the Regional Steering Committee to review these rules if any reasonable circumstance arises.

2.   Instructions on how to fill in the template

If this template is filled for a protected zone quarantine pest, the template in Part B of this Annex is not to be filled for the same pest.

For column 1:

Indicate the year of the survey. In the case of a survey report to request a protected zone, include the data of at least the three preceding years, using a separate row for each year.

For column 2:

Indicate the scientific name of the protected zone quarantine pest (as listed in Annex III to Implementing Regulation (EU) 2019/2072 or the most accepted scientific name when the pest is not yet listed), using one row per pest.

For column 3:

Indicate the name of the protected zone, using separate rows when there is more than one protected zone for the same pest in the territory of the Member State, as listed in Annex III to Commission Implementing Regulation (EU) 2019/2072.

For column 4:

Indicate the zone: PZ (protected zone), BZ (buffer zone) or IB (inner band), using different rows.

For column 5:

Indicate the number and the description of the survey sites, by choosing one (or more) of the following entries for the description, and the number of surveys done:

1.

Open air (production area): 1.1 field (arable, pasture); 1.2. orchard/vineyard; 1.3. nursery; 1.4. forest;

2.

Open air (other): 2.1. private gardens; 2.2. public sites; 2.3. conservation area; 2.4. wild plants in areas other than conservation areas; 2.5. other, with specification of the particular case (e.g. garden centre, commercial sites that uses wood packaging material, wood industry, wetlands, irrigation and drainage network, etc.);

3.

Physically closed conditions: 3.1. greenhouse; 3.2. private site, other than greenhouse; 3.3. public site, other than greenhouse; 3.4. other, with specification of the particular case (e.g. garden centre, commercial sites that uses wood packaging material, wood industry).

For columns 6, 7 and 8:

Optional.

For column 6:

Indicate which are the risk areas identified based on the biology of the pest(s), presence of host plants, eco-climatic conditions and risk locations.

For column 7:

Indicate the total area covered by the target population (ha) in the protected zone.

For column 8:

Indicate the proportion of the surveyed area of the target population (surveyed area/target population area) in percentage.

For column 9:

Indicate plants, fruits, seeds, soil, packaging material, wood, machinery, vehicles, vector, water, other, specifying the specific case, using as many rows as necessary.

For column 10:

Indicate the list of plant species/genera that were surveyed, using one row per plant species/genera.

For column 11:

Indicate the months of the year when the surveys were carried out.

For column 12:

Indicate the details of the survey, taking into account the biology of the pest. Indicate with N/A when the information of certain column is not applicable for the given pest. Use different rows (e.g. to report different types of tests and their number).

For column 13:

Indicate the number of positive results. This number may differ from the number of outbreaks when several positive results are included in one outbreak notification.

For column 14:

Indicate the outbreak notifications of the year when the survey took place. The outbreak notification number does not need to be included when the competent authority has decided that the finding is one of the cases referred to in Article 14(2), Article 15(2) or Article 16 of Regulation (EU) 2016/2031. In that case, please indicate the reason for not providing this information in column 15 (‘Comments’).

For column 15:

Include any other relevant information and, where applicable, information about the results of the surveys of asymptomatic plants with positive results.

PART B

1.   Template for the reporting of the results of statistically-based surveys

Image 2L3172022EN6610120221205EN0010.0001681681DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …on the amendment of the Staff Regulations of the Transport CommunityTHE 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 ArticleThe Staff Regulations of the Transport Community, adopted as set out in Annex II to Decision No 3/2019 of the Regional Steering Committee of the Transport Community of 5 June 2019, are amended as follows:(a)Section 14 is amended as follows:(i)point b, subparagraph (iii) is replaced by the following:(iii)a representative of the preceding Presidency of the Regional Steering Committee;(ii)point (c) is replaced by the following:(c)The Conciliation Committee shall decide by unanimity.;(b)Section 15 is amended as follows:(i)point (a) is replaced by the following:(a)Any dispute between the Secretariat and a staff member concerning these Staff Regulations, the rules on recruitment, working conditions and geographical equilibrium or other relevant rules shall, in the second instance, be settled by the European Commission acting as the arbitrator.;(ii)point (c) is replaced by the following:(c)All dispute settlement proceedings shall take place in Belgrade or online, and the language of these proceedings shall be English. The Steering Committee shall lay down the rules on dispute settlement with a view to facilitating a timely procedure with reasonable costs to the parties..For the Regional Steering CommitteeThe PresidentL3172022EN6610120221205EN0010.0002691691DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …on the adoption of Rules of Procedure of the Conciliation Committee and of dispute settlement rules applicable to the Transport Community Permanent SecretariatTHE 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 ArticleThe detailed Rules of Procedure of the Conciliation Committee and the rules on dispute settlement for the Transport Community Permanent Secretariat, attached to this decision, are hereby adopted.For the Regional Steering CommitteeThe PresidentL3172022EN6610120221205EN0010.0003701723Rules of Procedure of the Conciliation CommitteeI.General1.These Rules of Procedure establish the internal procedures for operation of the Conciliation Committee as referred to in Section 14 of the Staff Regulations of the Transport Community, adopted pursuant to Decision No 3/2019 of the Regional Steering Committee of the Transport Community.2.In case of any contradiction between these Rules of Procedure and the Staff Regulations, the Rules on recruitment, working conditions and geographical equilibrium or other relevant rules adopted by the Regional Steering Committee, the provisions of the latter shall apply.3.For the purpose of the present Rules of Procedure, the expression staff members shall mean all officials of the Secretariat, namely the Director, Deputy Directors and all other staff from the Contracting Parties, working permanently at the Secretariat in accordance with the Staff Regulations, excluding local staff, seconded experts and locally contracted experts.4.Any dispute between the Secretariat and a staff member concerning the Staff Regulations, the rules on recruitment, working conditions and geographical equilibrium or other relevant rules shall, in the first instance, be submitted to a Conciliation Committee (hereinafter referred to as the Committee).5.The staff members may submit an appeal to the Conciliation Committee in relation to Section 2.1, point 12 of the Staff Regulations of the Transport Community or when they have been subject to unjustifiable or unfair treatment by a superior.II.Conciliation Committee1.The Committee shall have authority to propose decisions on appeals filed by staff members against administrative decisions affecting them.2.The Committee shall be composed of:(a)a representative of the current Presidency of the Regional Steering Committee;(b)a representative of the Presidency of the Regional Steering Committee for the next term; and(c)a representative of the preceding Presidency of the Regional Steering Committee.The Committee shall be chaired by the current Presidency of the Regional Steering Committee.3.In discharge of their duties, the Committee members shall be completely independent and guided solely by their independent judgment. They shall neither seek nor receive any instructions from the Secretariat, shall carry out their tasks in full independence and shall avoid conflicts of interest. The deliberations of the Committee shall be confidential. The Committee members shall ensure the confidentiality of personal data processed in the context of a staff appeal.4.The Committee shall be set up within 30 calendar days from the date an appeal is lodged with the Director or the Presidency of the Steering Committee. The Director shall forward the appeal within 10 calendar days, from the date of receiving, to the Chair of the Committee.5.Once an appeal to the Committee is received by the Chair of the Committee, the Chair shall bring together the Committee members to examine the appeal. In the event of a dispute as to whether the Committee has competence, the matter shall be decided by the Committee.6.To the extent possible, the Committee shall have the same composition for the entire period needed to settle the case.7.The Committee shall determine:(a)the receivability of the appeal;(b)the time limits for the presentation of the response to the appeal by the Secretariat and the submission of evidence and other relevant procedural matters;(c)other matters relating to the conciliation, including whether oral hearings shall be held or whether the appeal shall be decided on the basis only of the documents submitted; and,(d)the procedure to be followed with regard to hearings of the Committee.The procedure shall be conducted in such a way as to give the parties concerned the opportunity to put forward facts and circumstances relevant to the appeal.8.The Committee shall decide on the appeal in accordance with the Staff Regulations, the rules on recruitment, working conditions and geographical equilibrium or other relevant rules. Matters concerning the interpretation of the Treaty establishing the Transport Community shall not be within the competence of the Committee.9.The Chairperson shall inform the Director, the Deputy-Director of the Secretariat and the staff member concerned of all procedural steps relating to the case.10.Committee sessions shall be held either in Belgrade or online, and the language of the proceedings shall be English. Administrative support to the Committee shall be provided by the Human Resources and Administration of the Secretariat.11.If concurrent appeals filed with the Committee relate to the same problem, the Committee may decide to handle the appeals together and formulate a single decision.12.The appeal proceeding shall be immediately put to an end if the staff member concerned withdraws his/her appeal or if a settlement by mutual agreement is reached. The staff member concerned shall inform the Chair of the Committee thereof in writing. The appeal proceeding shall be immediately put to an end in case of violation of part III, point 5.III.Appeal procedure1.Both the staff member and the Secretariat may initiate informal resolution of the issues involved, at any time before or after the staff member chooses to pursue the matter formally.2.An appeal shall not be receivable by the Committee if the dispute arising from a contested decision has been resolved by an agreement reached through informal resolution.3.However, a staff member may submit an appeal directly to the Committee in order to enforce the implementation of an agreement reached through informal resolution within 90 calendar days of the deadline for implementation as specified in the informal resolution agreement or, when the informal resolution agreement is silent on the matter, within 90 calendar days of the thirtieth calendar day from the date on which the agreement was signed.4.A staff member wishing to formally contest an administrative decision, shall, as a first step, submit in writing to the Director or the Presidency of the Steering Committee, when the complaint concerns the Director – an appeal for a Committee evaluation of the administrative decision.5.Neither the staff member concerned nor any representative of the Secretariat shall be allowed to discuss the issue of the appeal with the Committee members during the appeal procedure or to approach them on the issue of the appeal, in any form, other than as provided for in in part II, point 7.6.An appeal for Committee evaluation of the administrative decision shall not be receivable by the Director or the Presidency of the Steering Committee unless it is sent within 30 calendar days from the date on which the staff member received notification of the administrative decision to be contested. This deadline may be extended by the Secretariat pending efforts for informal resolution of the dispute.7.At the end of the assessment, the Committee shall draw up a report. The report shall set out the procedural steps followed, the facts and circumstances relevant to the appeal and its final proposal for decision.IV.Decision making1.The Committee shall decide by unanimity.2.The proposal for a decision on the contested administrative decision shall be made within 120 calendar days of the day the appeal was submitted to the Director or the Presidency of the Steering Committee.3.The proposal for a decision shall be communicated in writing to the staff member concerned, as well as to the Director and the Deputy-Directors. The decision may be inserted in the staff member’s personal file.4.The Secretariat’s response, reflecting the outcome of the Committee evaluation, shall be communicated in writing to the staff member within 30 calendar days of receipt of the proposal for a decision from the Committee.V.Suspension of action1.Neither the submission of an appeal for a Committee evaluation nor the filing of an appeal with the Arbitrator shall have the effect of suspending the implementation of the contested administrative decision.2.However, where a Committee evaluation of an administrative decision is required:(a)a staff member may submit a request to the Secretariat to suspend the implementation of the contested administrative decision until the Committee evaluation has been completed and the staff member has received notification of the outcome. The Secretariat may suspend the implementation of a decision in cases of particular urgency and where its implementation would cause irreparable damage. The Secretariat's decision on such request is not subject to appeal;(b)in cases involving separation from service, a staff member may opt to first request the Secretariat to suspend the implementation of the decision until the Committee evaluation has been completed and the staff member has received notification of the outcome. The Secretariat may suspend the implementation of a decision where it determines that the contested decision has not yet been implemented, in cases of particular urgency and where its implementation would cause irreparable damage to the staff member’s rights. If the Secretariat rejects the request, the staff member may then submit a request for suspension of action to the Committee.VI.Final provisions1Any amendments to these Rules of Procedure shall be adopted by a decision of the Steering Committee.2.One year from the entry into force of these Rules or at any time thereafter, based on practical experience with their application, the Secretariat may propose amendments to these Rules as it deems useful or necessary. Where a member of the Steering Committee wishes to propose such an amendment, the member shall consult first with the Secretariat.3.These Rules shall enter into force on the day of their adoption by the Steering Committee.L3172022EN6610120221205EN0010.0004731742Rules on Dispute SettlementI.General1.These Rules on dispute settlement refer to Section 15 of the Staff Regulations of the Transport Community, adopted pursuant to Decision No 3/2019 of the Regional Steering Committee of the Transport Community, in order to facilitate a timely procedure with reasonable costs to the parties.2.In case of any contradiction between these Rules and the Staff Regulations, the Rules on recruitment, working conditions and geographical equilibrium or other relevant rules adopted by the Regional Steering Committee, the provisions of the latter shall apply.3.Staff members or the Secretariat can submit an appeal to an Arbitrator only for contesting the proposal for decision done in the first instance by the Conciliation Committee.4.Any remaining dispute between the Secretariat and the staff member concerning the Staff Regulations, the rules on recruitment, working conditions and geographical equilibrium or other relevant rules shall, in the second instance, be submitted to an Arbitrator.II.Arbitrator1.The European Commission shall act as Arbitrator in the second instance.2.The Arbitrator shall be completely independent and guided solely by its independent judgement. It shall neither seek nor receive any instructions from the Secretariat, shall carry out its tasks in full independence and shall avoid conflicts of interest. The proceedings of the Arbitration shall be confidential. The Arbitrator shall ensure the confidentiality of personal data processed in the context of a staff appeal.3.The Arbitrator shall be appointed within 30 calendar days from the date on which an appeal is lodged with the Presidency of the Regional Steering Committee.4.The Arbitrator shall have a mandate for the entire period needed to settle the case.5.The Arbitrator shall determine:(a)the time limits for the presentation of the response to the dispute appeal by the Secretariat and the staff member concerned on submission of evidence; and,(b)other matters relating to the proceedings, including whether oral hearings shall be held or whether the appeal shall be decided on the basis only of the documents submitted.The procedure shall be conducted in such a way as to give the parties concerned the opportunity to put forward facts and circumstances relevant to the appeal.6.The Arbitrator shall decide on the dispute in accordance with the Staff Regulations, the rules on recruitment, working conditions and geographical equilibrium or other relevant rules. Matters concerning the interpretation of the Treaty establishing the Transport Community shall not be within the competence of the Arbitrator.7.The competence of the Arbitrator includes the authority to order, at any time during the proceedings, an interim measure, which is not subject to appeal, to provide temporary relief to either party where the contested decision appears prima facie to be unlawful, in cases of particular urgency, and where the implementation of the decision would cause irreparable damage. Such temporary relief may include the suspension of the implementation of the contested administrative decision, except in cases of appointment or termination.8.Dispute proceedings shall be held in Belgrade or online and the language of the proceedings shall be English. Administrative support to the Arbitrator shall be provided by the Human Resources and Administration of the Secretariat.9.The Arbitrator shall inform the staff member concerned and the Secretariat of all procedural steps relating to the case.10.If two or more appeals filed with the Arbitrator relate to the same problem, the Arbitrator may decide to handle them together and formulate a single decision.11.The dispute proceeding shall be immediately put to an end if the staff member concerned withdraws his/her appeal or if a settlement by mutual agreement is reached. The staff member concerned shall inform the Arbitrator thereof in writing. The appeal proceeding shall immediately be put to an end in case of violation of part III, point 3.III.Appeal procedure1.An appeal may be filed by either party against a contested administrative decision. It is to be lodged with the Presidency of the Regional Steering Committee within 30 calendar days following receipt of the Conciliation Committee’s proposal for a decision. An appeal shall not be receivable by the Presidency of the Regional Steering Committee unless the deadline has been met.2.The filing of an appeal with the Presidency of the Regional Steering Committee in second instance shall have the effect of suspending the execution of a decision that is contested, and which is based upon proposal of the Conciliation Committee.3.Neither the staff member concerned, nor any representative of the Secretariat shall be allowed to discuss the issue of appeal with the Arbitrator or to approach the Arbitrator in any form, during the proceeding, other than as provided for in part II, point 5.4.At the dispute settlement, the Arbitrator shall draw up a report. The report shall set out the procedural steps followed, the facts and circumstances relevant to the appeal and its final resolution.IV.Decision making1.The decision by the Arbitrator on the contested administrative decision shall be made within 90 calendar days of the day appeal was submitted to the Presidency of the Steering Committee.2.The decision shall be communicated in writing to the staff member concerned and to the Secretariat and the decision may be inserted in the staff member’s personal file.3.The decision by Arbitrator is final and binding for all parties.V.Final provisions1.Any amendments to these Rules on dispute settlements shall be adopted by a decision of the Steering Committee.2.One year from the entry into force of these Rules or at any time thereafter, based on practical experience with their application, the Secretariat may propose amendments to these Rules as it deems useful or necessary. Where a member of the Steering Committee wishes to propose such an amendment, it shall consult first with the Secretariat.3.These Rules shall enter into force on the day of their adoption by the Steering Committee.L3172022EN6610120221205EN0010.0005751751DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …on the amendment of the rules of procedure of the Regional Steering Committee of the Transport CommunityTHE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY,Having regard to the Treaty establishing the Transport Community, and in particular Article 24(5) thereof,HAS ADOPTED THIS DECISION:Sole ArticleHeading IV, point 4 of the Rules of Procedure of the Regional Steering Committee of the Transport Community is replaced by the following:4.The draft agenda of the meeting shall be agreed by the Presidency and the Vice-Presidency. The draft agenda and any documents related to it shall be distributed to the members and the observers at least four weeks prior to the relevant meeting. The members may make comments and propose that new items be added. Material of interest to other states, international organisations or other bodies invited in accordance with paragraph 3 of Section II shall also be distributed to those other states, international organisations and other bodies.For the Regional Steering CommitteeThe PresidentL3172022EN7610120221205EN0011.0001771771DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …on the revised procedure for the implementation of the budget and the presenting and auditing of accounts, applicable to the Transport CommunityTHE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY,Having regard to the Treaty establishing the Transport Community, and in particular Article 24(1) and Article 35 thereof,HAS ADOPTED THIS DECISION:Sole ArticleThe revised financial rules and auditing procedures applicable to the Transport Community, attached to this Decision, are hereby adopted.For the Regional Steering CommitteeThe PresidentL3172022EN7610120221205EN0011.00027819518FINANCIAL RULES AND AUDITING PROCEDURES APPLICABLE TO THE TRANSPORT COMMUNITYTABLE OF CONTENTSTITLE I:SUBJECT MATTERTITLE II:OBLIGATIONS OF THE PARTIESTITLE III:BUDGETARY PRINCIPLESCHAPTER 1PRINCIPLE OF BUDGETARY ACCURACYCHAPTER 2PRINCIPLE OF ANNUALITYCHAPTER 3PRINCIPLE OF EQUILIBRIUMCHAPTER 4PRINCIPLE OF UNIT OF ACCOUNTCHAPTER 5PRINCIPLE OF UNIVERSALITYCHAPTER 6PRINCIPLE OF SPECIFICATIONCHAPTER 7PRINCIPLE OF SOUND FINANCIAL MANAGEMENTCHAPTER 8PRINCIPLE OF TRANSPARENCYCHAPTER 9INTERNAL CONTROL OF BUDGET IMPLEMENTATIONTITLE IV:BUDGET COMMITTEETITLE V:IMPLEMENTATION OF THE BUDGETCHAPTER 1GENERAL PROVISIONSCHAPTER 2FINANCIAL ACTORSCHAPTER 3LIABILITY OF THE FINANCIAL ACTORSCHAPTER 4REVENUE OPERATIONSCHAPTER 5EXPENDITURE OPERATIONSTITLE VI:PROCUREMENTTITLE VII:PRESENTATION OF THE ACCOUNTS AND ACCOUNTINGCHAPTER 1PRESENTATION OF THE ACCOUNTSCHAPTER 2ACCOUNTINGCHAPTER 3PROPERTY INVENTORIESTITLE VIII:EXTERNAL AUDIT AND PROTECTION OF FINANCIAL INTERESTSTITLE IX:TRANSITIONAL AND FINAL PROVISIONSTITLE ISUBJECT MATTERArticle 1These rules establish the procedure for the implementation of the budget and for the presenting and auditing of accounts in accordance with Article 35 of the Treaty establishing the Transport Community (the Treaty)OJ EU L 278, 27.10.2017, p. 3..TITLE IIOBLIGATIONS OF THE PARTIESArticle 21.The Parties shall transfer 75 % of their financial contributions to the Transport Community no later than the 31 March of each year. The Parties shall transfer the remaining 25 % of their contributions no later than 30 June of each year.2.The financial contributions of the Parties to the Transport Community must be made in euro.3.The Transport Community shall bear the transaction cost levied by its payment service provider and the Contracting Parties to the Treaty shall bear the transaction cost levied by their payment service provider.TITLE IIIBUDGETARY PRINCIPLESArticle 3The implementation of the budget of the Transport Community (the budget) shall comply with the principles of budgetary accuracy, annuality, equilibrium, unit of account, universality, specification, sound financial management which requires effective and efficient internal control, and transparency as set out in these rules.Chapter 1Principle of budgetary accuracyArticle 4No expenditure shall be committed or authorised in excess of the authorised appropriations.Chapter 2Principle of annualityArticle 5Administrative expenditure arising from contracts covering periods that extend beyond the financial year, either in accordance with local practice or relating to the supply of equipment, shall be charged to the budget of the financial year in which they are effected.Article 61.The appropriations authorised in the budget for a relevant year may be used solely to cover expenditure incurred and legally committed in that financial year.2.Commitment appropriations shall be entered in the accounts for the financial year on the basis of the legal commitments entered into up to 31 December of that year.3.Payment appropriations shall be entered in the accounts for the financial year on the basis of the payments effected by the accounting officer by 31 December of that year.4.Apropriations corresponding to legal obligations duly contracted at the end of the financial year shall be carried forward automatically to the following financial year only, and shall be identified respectively in the accounts.5.Appropriations which have not been used by the end of the financial year for which they were entered shall be cancelled, unless they are carried over in accordance with paragraph 4.6.Appropriations placed in reserve and appropriations for staff expenditure shall not be carried over. For the purposes of this Article, staff expenditure comprises remuneration and allowances for staff who are subject to the Staff Regulations.7.Appropriations which have not been used and have not been committed at the end of the financial years for which they were entered shall be cancelled and paid back to the Parties in accordance with the percentages established in Annex V of the Treaty and the actual contributions paid by the parties.Chapter 3Principle of equilibriumArticle 7The Transport Community shall not raise loans.Chapter 4Principle of unit of accountArticle 8The budget shall be implemented in euro and the accounts shall be presented in euro. However, for cash-flow purposes, the Permanent Secretariat shall be authorised to carry out operations in other currencies.Chapter 5Principle of universalityArticle 91.The following deductions may be made from payment requests, invoices or statements, which shall then be passed for payment of the net amount:(a)penalties imposed on parties to contracts, including procurement contracts;(b)adjustments for amounts paid unduly, which can be made by means of direct deduction against a new payment of the same type to the same payee under the chapter, article and financial year in respect of which the excess payment was made, and which give rise to interim payments or payments of balances.2.Discounts, refunds and rebates on invoices and payment requests shall not be recorded as revenue of the Transport Community.3.Any negative balance shall be entered in the budget as expenditure.Chapter 6Principle of specificationArticle 101.The Director may take decisions on transfers of appropriations (excluding the human resources budget line) within the budget up to a maximum of 15 % of the appropriations for the year shown on the line from which the transfer is made.2.The Director shall inform the Chairs of the Budget Committee and the Regional Steering Committee within 7 days upon taking a decision in accordance with paragraph 1.3.Transfers of budget appropriations other than those referred to in paragraph 1 must receive the preliminary agreement of the Regional Steering Committee.4.Appropriations carried over in order to meet legal obligations signed at the end of the given year shall not be eligible for the use referred to in paragraph 1. They shall not be taken into account for determining the maximum amount corresponding to the limit of 15 % referred to in that paragraph.Chapter 7Principle of sound financial managementArticle 111.Budget appropriations shall be used in accordance with the principle of sound financial management, which comprises the principles of economy, efficiency and effectiveness.2.The principle of economy requires that the resources used by the Transport Community for the pursuit of its activities shall be made available in due time, in appropriate quantity and quality and at the best price.3.The principle of efficiency concerns the best relationship between resources employed and results achieved.4.The principle of effectiveness concerns attaining the specific objectives set and achieving the intended results. Those results shall be evaluated.Chapter 8Principle of transparencyArticle 121.The budget shall be implemented and the accounts presented in compliance with the principle of transparency.2.The budget and amending budgets, as finally adopted, shall be published on the website of the Permanent Secretariat.Chapter 9Internal control of budget implementationArticle 131.The budget of the Transport Community shall be implemented in compliance with effective and efficient internal control.2.For the purposes of the implementation of the budget of the Transport Community, internal control is defined as a process applicable at all levels of the management and designed to provide reasonable assurance of achieving the following objectives:(a)effectiveness, efficiency and economy of operations;(b)reliability of reporting;(c)safeguarding of assets and information;(d)prevention, detection, correction and follow-up of fraud and irregularities;(e)adequate management of the risks relating to the legality and regularity of the underlying transactions, taking into account the multi-annual character of programmes as well as the nature of the payments concerned.3.Effective and efficient internal control shall be based on best international practices and include, in particular, the elements laid down in Article 36(3) and (4) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the CouncilRegulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ EU L 193, 30.7.2018, p. 1)., taking into account the structure and size of the Transport Community, the nature of the tasks entrusted to it and the amounts and financial and operational risks involved.TITLE IVBUDGET COMMITTEEArticle 141.A Budget Committee is hereby established.2.The Budget Committee shall advise the Director in the financial management of the operations of the Transport Community. In order to fulfil this task, the Budget Committee shall be provided with all the necessary information or explanations regarding budgetary matters and matters with potential budgetary impact.3.The Budget Committee may report to the Regional Steering Committee and issue recommendations on budgetary matters and on any matter which may have an impact on the budget.Article 151.The Budget Committee shall consist of one member from each of the South East European Parties and two members of the European Union, represented by the European Commission.2.Meetings of the Budget Committee shall be chaired by the European Commission. The Chairperson may appoint a Co-chair.3.The Budget Committee shall hold at least two ordinary meetings a year. In addition, it shall meet at the instance of the Chairperson or at the request of at least one third of its members.4.The Budget Committee shall adopt its internal rules of procedure. Its recommendations may be adopted by written procedure. The Budget Committee shall act by simple majority of the votes including the positive vote of the European Union. In case of an equal vote, the European Union shall have the deciding vote.5.The Permanent Secretariat shall provide administrative support to the Budget Committee.6.The Permanent Secretariat shall be represented at the meetings of the Budget Committee without voting rights.TITLE VIMPLEMENTATION OF THE BUDGETChapter 1General provisionsArticle 16The Director shall perform the duties of authorising officer.Article 17The Director may delegate powers of budget implementation to staff of the Permanent Secretariat. Those so empowered may act only within the limits of the powers expressly conferred upon them and are bound by these rules. The Director shall send a copy of any delegation decision taken under this Article to the Regional Steering Committee.Article 181.All financial actors within the meaning of Chapter 2 of this Title shall be prohibited from taking any measures of budget implementation which may bring their own interests into conflict with those of the Transport Community. Should such a case arise, the actor in question must refrain from such measures and refer the matter to the competent authority.2.There is a conflict of interests where the impartial and objective exercise of the functions of an actor in the implementation of the budget or an auditor is compromised for reasons involving family, private life, political or national affinity, economic interest or any other shared interest with the beneficiary or contractor.3.The competent authority referred to in paragraph 1 shall be the immediate superior of the member of staff concerned. If the member of staff is the Director, the competent authority shall be the Regional Steering Committee.Article 19Technical expertise tasks and administrative, preparatory or ancillary tasks involving neither the exercise of public authority nor the use of discretionary powers of judgement may be entrusted by contract to external entities or bodies, where this proves to be indispensable.Chapter 2Financial actorsSection 1Principle of segregation of dutiesArticle 20The duties of authorising officer and accounting officer shall be segregated and mutually incompatible.Section 2Authorising officerArticle 211.The authorising officer shall be responsible for implementing revenue and expenditure.2.To implement expenditure, the authorising officer shall make budget commitments and legal commitments, shall validate expenditure and authorise payments in accordance with the relevant provisions of these rules and shall undertake the implementation of appropriations.3.Implementation of revenue shall comprise drawing up estimates of amounts receivable, establishing entitlements to be recovered and issuing recovery orders. It shall involve waiving established entitlements where appropriate.4.The authorising officer shall assure that all the supporting documents related to operations are properly preserved for a period of five years.Article 221.Having due regard to the risks associated with the management environment and the nature of the actions financed, the authorising officer shall put in place the organisational structure, internal management, control systems and procedures suited to the performance of the duties of the authorising officer, including where appropriate, ex post verifications.2.Before an operation is authorised, the operational and financial aspects shall be verified by staff members other than those initiating the operation. Initiation and the ex ante and ex post verification of an operation shall be separate functions.3.The staff responsible for the verifications shall be different from those initiating the operation and shall not be their subordinates.Article 23The Director, as authorising officer, shall submit to the Regional Steering Committee an annual activity report which contains financial and management information.Article 24Any member of staff who is involved in the financial management and control of transactions shall inform the Director in writing if they consider that a decision which their superior requires them to apply or agree to is irregular or contrary to these rules or to the professional rules the staff member is required to observe. The Director shall take action within a reasonable period. If the Director fails to do so, the staff member shall inform the Regional Steering Committee.Article 25Where powers of budget implementation are delegated, Article 21 of these rules shall apply mutatis mutandis to the authorised officer.Section 3Accounting officerArticle 261.Upon proposal of the European Commission, the Director shall appoint an accounting officer, in accordance with the rules of procedure in force for the recruitment, working conditions and geographic equilibrium of the staff of the Permanent Secretariat, who shall be responsible in the Permanent Secretariat for:(a)proper implementation of payments, collection of revenue and recovery of amounts established as being receivable;(b)preparing and presenting the accounts in accordance with Title V;(c)keeping the accounts in accordance with Title V;(d)implementing, in accordance with Title V, the accounting rules and methods and the chart of accounts;(e)laying down and validating the accounting systems and where appropriate validating systems laid down by the authorising officer to supply or justify accounting information;(f)treasury management.2.Subject to paragraph 3, only the accounting officer is empowered to manage monies and other assets and shall be responsible for their safekeeping.3.If necessary, the accounting officer may delegate certain tasks, without prejudice to the principle of segregation of duties.Chapter 3Liability of the financial actorsSection 1General rulesArticle 271.The responsibility under these rules is personal.2.In the event of any illegal activity, fraud, corruption or irregularity which may harm the financial interests of the Transport Community, the financial actor affected shall without delay inform the Director or, if considered useful, the Regional Steering Committee, or the European Anti-Fraud Office (OLAF). The financial interests of the Transport Community means all revenues, expenditure and assets covered by, acquired through, or due to the Transport Community budget.3.Where an activity has been subject to irregularities or fraud, the authorising officer responsible shall suspend the procedure and may take any necessary measures, including the cancellation of any decision taken in the framework of the said activity. The authorising officer responsible shall inform all competent authorities, including where applicable OLAF and the European Public Prosecutor’s Office (EPPO), immediately of suspected cases of fraud or irregularities.Article 281.The authorising officer may withdraw any delegation at any time temporarily or definitively. The Regional Steering Committee and the Chairman of the Budget Committee shall be immediately informed of such an action with a proper justification.2.The accounting officer may at any time be suspended temporarily or definitively from duty by the Director, upon preliminary agreement of the European Commission. On a proposal of the European Commission, the Director shall appoint an interim accounting officer and consequently a permanent accounting officer in accordance with the recruitment rules of the Transport Community.Article 291.The provisions of this chapter are without prejudice to the criminal law liability which the authorising officer and the persons referred to in this Chapter may incur as provided in the applicable national law of the country of domicile and in the provisions in force on the protection of the financial interests of the Transport Community and on the fight against corruption involving officials of the Transport Community or officials of the Contracting Parties to the Treaty.2.In the event of evidence of illegal activity, fraud or corruption which may harm the financial interests of the Transport Community, the matter shall be referred to the competent authorities and bodies.Section 2Rules applicable to the authorising officerArticle 301.The authorising officer may be required to make good, in whole or in part, any damage suffered by the Transport Community as a result of serious misconduct on his part in the course of or in connection with the performance of his duties, in particular if he determines entitlements to be recovered or issues recovery orders, commits expenditure or signs a payment order without complying with these rules. The same shall apply where, through serious misconduct, the authorising officer:(a)fails to draw up a document establishing an amount receivable;(b)fails to issue a recovery order or is, without justification, late in issuing it;(c)fails to issue a payment order or is late in issuing it, thereby rendering the Transport Community liable to civil action by third parties.2.An authorising officer by delegation who considers that a decision falling under their responsibility is irregular or contrary to the principles of sound financial management shall inform the delegating authority in writing. If the delegating authority then gives a reasoned instruction in writing to the authorising officer by delegation to implement the decision in question, the authorising officer by delegation must implement it and may not be held liable.3.In the event of delegation, the delegating authority shall continue to be responsible for the effectiveness of the internal management rules put in place and for the choice of the authorising officer by delegation.4.The authorising officer shall not be held responsible for any decisions taken by the Regional Steering Committee, in case they are strictly followed. Should the authorising officer disagree with any of those decisions, they have the right to notify the relevant authority in writing. However, the authorising officer is obliged to follow the relevant decisions.Chapter 4Revenue operationsSection 1General provisionsArticle 31Interest accrued on the accounts of the Transport Community shall form part of its revenue, in addition to the contributions of the Contracting Parties to the Treaty.Section 2Estimate of amounts receivableArticle 32An estimate of the amount receivable shall first be made by the authorising officer responsible in respect of any measure or situation which may give rise to or modify an amount owing to the Transport Community.Section 3Establishment of amounts receivable from third partiesArticle 331.Establishment of an amount receivable is the act by which the authorising officer or authorising officer by delegation:(a)verifies that the debt exists;(b)determines or verifies the reality and the amount of the debt;(c)verifies the conditions in which the debt is due.2.Any amount receivable that is identified as being certain, of a fixed amount and due must be established by a recovery order given to the accounting officer, accompanied by a debit note sent to the debtor. Both of those documents shall be drawn up and sent by the authorising officer responsible.3.In duly substantiated cases, certain routine revenue items may be established provisionally.Provisional establishment shall cover the recovery of several individual amounts which therefore do not need be established individually.Before the end of the financial year, the authorising officer shall amend the amounts established provisionally to ensure that they correspond to the amounts receivable actually established.Article 34The authorisation of recovery is the act whereby, having established an amount receivable, the authorising officer responsible, by issuing a recovery order, instructs the accounting officer to recover that amount receivable.Article 351.Amounts wrongly paid shall be recovered.2.The accounting officer shall act on recovery orders for amounts receivable duly established by the authorising officer or authorising officer responsible. The accounting officer shall exercise due diligence to ensure that the Transport Community receives its revenue and shall see that its rights are safeguarded.3.Where the authorising officer responsible is planning to waive recovery of an established amount receivable, the authorising officer shall ensure that the waiver is in order and complies with the principle of sound financial management. Such a waiver shall be by decision of the authorising officer, which must be substantiated. The authorising officer may not delegate such a decision. The waiver decision shall state what action has been taken to secure recovery and the points of law and fact on which it is based.4.The authorising officer responsible shall cancel an established amount receivable when the discovery of a mistake as to a point of law or fact reveals that the amount had not been correctly established. Such cancellation shall be by decision of the authorising officer responsible and shall be suitably substantiated.5.The authorising officer responsible shall adjust the amount of an established debt upwards or downwards when the discovery of a factual error entails the alteration of the amount of the debt, provided that this correction does not involve the loss of the established entitlement of the Transport Community. Such an adjustment shall be by decision of the authorising officer responsible and shall be suitably substantiated.6.Where a debtor has a claim against the Transport Community, of a fixed amount and due relating to a sum established by a payment order, the accounting officer shall, after expiry of the deadline specified in the debit note, recover established amounts receivable by offsetting.In exceptional circumstances, where it is necessary to safeguard the financial interests of the Transport Community and where the accounting officer has justified grounds to believe that the amount due to the Transport Community would be lost, the accounting officer may recover by offsetting before the expiry of the deadline specified in the debit note.The accounting officer may also recover by offsetting before the expiry of the deadline specified in the debit note when the debtor agrees.7.Before proceeding with any recovery in accordance with paragraph 6, the accounting officer shall consult the authorising officer and inform the debtor(s) concerned.8.The offsetting referred to in paragraph 6 shall have the same effect as payment and discharge the Transport Community for the amount of the debt and, where appropriate, of the interest due.Article 361.Upon actual recovery of the sum due, the accounting officer shall make an entry in the accounts and shall inform the authorising officer responsible.2.A receipt shall be issued in respect of all cash payments made to the accounting officer.Article 371.If actual recovery has not taken place by the due date stipulated in the debit note, the accounting officer shall inform the authorising officer responsible and immediately launch the procedure for effecting recovery by any means offered by the law.2.The accounting officer shall recover amounts by offsetting them against equivalent claims that the debtor has on the Transport Community, provided that the claim is certain, of a fixed amount and due, and that offsetting is legally possible.Article 38The accounting officer, in collaboration with the authorising officer responsible, may allow additional time for payment only at the written request of the debtor, with due indication of the reasons, provided that the following two conditions are met:(a)the debtor undertakes to pay interest for the entire additional period allowed, starting from the date on which the payment was originally due at the rate applied by the European Central Bank for its main refinancing operations in euro (the reference rate) plus eight points. The reference rate is the rate in force, as published in the C series of the Official Journal of the European Union, on the first day of the month in which the payment period ends;(b)in order to safeguard the rights of the Transport Community, the debtor provides a financial guarantee covering both the principal sum and the interest.Chapter 5Expenditure operationsArticle 39Every item of expenditure shall be committed and paid.Section 1Commitment of expenditureArticle 401.The budget commitment is the operation reserving the appropriation necessary to cover subsequent payments to honour a legal commitment.2.The legal commitment is the act whereby the authorising officer responsible enters into or establishes an obligation which results in a charge for the budget.Article 411.In respect of any measure which may give rise to expenditure chargeable to the budget, the authorising officer responsible must first make a budget commitment before entering into a legal commitment with third parties.2.Individual legal commitments relating to individual budget commitments shall be concluded by 31 December of the financial year concerned.Article 421.The unused balance of budget commitments relating to year N shall be de-committed by the authorising officer responsible by 31 March of year N+1.2.The legal commitments entered into for actions extending over more than one financial year and the corresponding budget commitments shall, save in the case of staff expenditure, have a final date for implementation set in compliance with the principle of sound financial management. Any parts of such commitments which have not been executed six months after that final date shall be de-committed.3.Where a legal commitment has not then resulted in a payment after a period of three years, the authorising officer responsible shall de-commit it.Article 43When adopting a budget commitment, the authorising officer responsible shall ensure that:(a)the expenditure has been charged to the correct item in the budget;(b)the appropriations are available;(c)the expenditure conforms to the applicable provisions, in particular those of the Treaty and the internal management rules of the Transport Community;(d)the principle of sound financial management is complied with.Section 2Validation of expenditureArticle 44Validation of expenditure is the act whereby the authorising officer responsible:(a)verifies the existence of the creditor’s entitlement;(b)verifies the conditions in which payment is due;(c)determines or verifies the reality and the amount of the claim.Article 451.Validation of any expenditure shall be based on supporting documents attesting the creditor’s entitlement, on the basis of a statement of services actually rendered, supplies actually delivered or work actually carried out, or on the basis of other documents justifying payment.2.The validation decision shall be expressed by the signing of a passed for payment voucher by the authorising officer responsible.Section 3Authorisation of expenditureArticle 461.Authorisation of expenditure is the act whereby the authorising officer responsible, by issuing a payment order, instructs the accounting officer to pay an item of expenditure which the authorising officer responsible has validated.2.The payment order shall be dated and signed by the authorising officer responsible, then sent to the accounting officer. The supporting documents shall be kept by the authorising officer responsible in accordance with Article 21(4).3.Where appropriate, the payment order sent to the accounting officer shall be accompanied by a document certifying that the goods have been entered in the inventories referred to in Article 60.Section 4Payment of expenditureArticle 471.Payment of expenditure shall be made on production of proof that the relevant action has been carried out in accordance with the basic act and shall cover one of the following operations:(a)payment of the entire amount due;(b)payment of the amount due in any of the following ways:(i)pre-financing, which may be divided into a number of payments;(ii)one or more interim payments;(iii)payment of the balance of the amounts due. Pre-financing shall count in full or in part against the interim payments.The entire pre-financing and interim payments shall count against the payment of balances.2.A distinction shall be made in the accounts between the different types of payment referred to in paragraph 1 at the time they are made.Article 48Payment of expenditure shall be made by the accounting officer within the limits of the funds available.TITLE VIPROCUREMENTArticle 49Directive 2014/24/EU of the European Parliament and of the CouncilDirective 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ EU L 94, 28.3.2014, p. 65). shall apply.For procurement procedures with a total value below the threshold set in Directive 2014/24/EU, detailed rules are laid down in Annex I to these Financial Rules.TITLE VIIPRESENTATION OF THE ACCOUNTS AND ACCOUNTINGChapter 1Presentation of the accountsArticle 50The annual accounts of the Transport Community shall comprise:(a)the financial statements of the Transport Community and accompanying annexes;(b)the report on implementation of the budget of the Transport Community.Article 51The accounts must comply with the accounting rules set out in Regulation (EU, Euratom) 2018/1046 and be accurate and comprehensive and present a true and fair view:(a)as regards the financial statements, of the assets and liabilities, charges and income, entitlements and obligations not shown as assets or liabilities and cash flow;(b)as regards report on budget implementation, of revenue and expenditure operations.Article 52The financial statements shall present information, including information on accounting policies, in a manner that ensures it is relevant, reliable, comparable and understandable. The financial statements shall be drawn in accordance with generally accepted accounting principles as outlined in the accounting rules in accordance with Article 80 of Regulation (EU, Euratom) 2018/1046 or the accrual based International Public Sector Accounting Standards (IPSAS).Article 531.In accordance with the principle of accrual-based accounting, revenue and expenses are recorded in the period in which they are earned or incurred regardless of the date of payment or collection.2.The value of assets and liabilities shall be determined in accordance with the valuation rules laid down by the accounting methods provided for in the International Accounting Standard and, if necessary, in National standards of the country of domicile.Article 541.The financial statements shall be presented in euro and shall comprise:(a)the balance sheet and the statement of financial performance, which represent all assets and liabilities, the financial situation and the economic result at 31 December of the preceding financial year; they shall be presented in accordance with the accounting rules in Article 80 of Regulation (EU, Euratom) 2018/1046 or the accrual based IPSAS;(b)the cash-flow statement showing amounts collected and disbursed during the financial year and the final treasury position;(c)the statement of changes in equity during the financial year.2.The annex to the financial statements shall supplement and comment on the information presented in the financial statements referred to in paragraph 1 and shall supply all the additional information prescribed by internationally accepted accounting practice where such information is relevant to the Transport Community’s activities.Chapter 2AccountingSection 1Common provisionsArticle 551.The accounting system of the Transport Community is the set of manual and computerised procedures and controls that provide for identifying relevant transactions or events, preparing accurate source documents, entering data into the accounting records accurately, processing transactions accurately, updating master files properly, and generating accurate documents and reports.2.The accounts shall consist of general accounts and budget accounts. These accounts shall be kept in euro on the basis of the calendar year.3.The figures in the general accounts and the budget accounts shall be adopted at the close of the budget year so that the accounts referred to in Chapter 1 can be drawn up.4.The accounting officer shall apply accounting rules and methods which take account of the IPSAS, and if necessary of the rules applied by the public authorities of the host country.Section 2General accountsArticle 56The general accounts shall record, in chronological order using the double entry method, all events and operations which affect the economic and financial situation and the assets and liabilities of the Transport Community.Article 571.Movements on the accounts and the balances shall be entered in the accounting ledgers.2.All accounting entries, including adjustments to the accounts, shall be based on supporting documents, to which they shall refer.3.The accounting system must be such as to leave a trail for all accounting entries.Article 58The accounting officer of the Transport Community shall, after the close of the budget year and up to the date of presentation of the final accounts, make any adjustments which, without involving disbursement or collection in respect of that year, are necessary for a true and fair presentation of the accounts in compliance with these rules.Section 3Budget accountsArticle 591.The budget accounts shall provide a detailed record of budget implementation.2.For the purposes of paragraph 1, the budget accounts shall record all budget revenue and expenditure operations.3.The Permanent Secretariat shall establish an annual report at the latest on 30 March of each year. The annual report shall include:an operational report explaining the work carried out by the Permanent Secretariat and the results achieved, giving an overview of the progress towards the objectives set in the annual work programme of the Permanent Secretariat;a financial report on the budget implementation.Chapter 3Property inventoriesArticle 60The Transport Community shall keep inventories showing the quantity and value of all the tangible, intangible and financial assets constituting Transport Community property.TITLE VIIIEXTERNAL AUDIT AND PROTECTION OF FINANCIAL INTERESTSArticle 61Each year, the accounting officer shall establish the accounts of the previous year no later than 31 March. Those accounts shall be validated by the Director.Article 62Independent external auditors, to be designated by the Regional Steering Committee, shall carry out the annual audit of the Transport Community (the external auditors). The term of service of the external auditors is renewable every year, unless otherwise specified by the Regional Steering Committee.Article 631.The external auditors shall submit to the Regional Steering Committee a report, together with the statement of assets and liabilities and certified accounts, not later than eight months after the end of the financial year to which they relate.2.The Director shall make such observations as the Director considers appropriate on the external auditors’ report.3.The external auditors shall conduct such audits as deemed necessary, in accordance with their approved Terms of Reference. The external auditors shall, in particular, inspect the accounting records and procedures of the Transport Community for the purpose of verifying the accuracy and completeness of the records. The external audit determines the overall validity of financial statements.4.The external auditors shall submit an audit report and certified accounts, together with a statement of assurance relating to the reliability of the accounts and the legality and regularity of the underlying transactions, to the Regional Steering Committee not later than eight months after the end of the financial year to which the accounts relate. If so requested by the Regional Steering Committee, the Budget Committee shall make such observations to the Regional Steering Committee as it considers appropriate on the documents submitted by the external auditors.Article 641.The authorising officer and the Regional Steering Committee shall transmit without delay to OLAF and the European Commission any information obtained in accordance with Article 27.2.The Regional Steering Committee and the staff of the Transport Community shall fully cooperate in the protection of the financial interests of the Union, in particular with the EPPO and OLAF and provide them with the relevant information and, upon request, any assistance necessary to exert their respective competences, including to carry out investigations in accordance with Council Regulation (EU) 2017/1939Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (the EPPO) (OJ EU L 283, 31.10.2017, p. 1). and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the CouncilRegulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ EU L 248, 18.9.2013, p. 1).. The authorising officer shall also assure that any third person involved in the implementation of the Transport Community’s budget will fully cooperate and grant the EPPO and OLAF equivalent rights.3.OLAF shall have the power to carry out administrative investigations at the premises of the Transport Community, including the right of access for inspection in accordance with Regulation (EU, Euratom) No 883/2013.TITLE IXTRANSITIONAL AND FINAL PROVISIONSArticle 65The Regional Steering Committee shall be empowered to obtain any necessary information or explanations regarding the implementation of the budget.Article 66Upon approval of the European Commission, the Director may adopt, where necessary, guidelines for the implementation of these rules.Article 67Until the appointment of the members of the Budget Committee, its functions under Article 14(2) will be performed by the European Commission.Article 68These rules shall be binding in their entirety on the Contracting Parties to the Treaty and the bodies set up under the Treaty.Article 69These rules shall apply from the day following their adoption.L3172022EN10610120190605EN0012.000110811081DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …amending Decision N° 2019/3 of the Regional Steering Committee of the Transport Community of 5 June 2019THE 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 ArticleDecision 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:5.3TeleworkingTeleworking 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;5.a new Article 9.4 is added to Annex II, Staff Regulations of the Transport Community, and shall read as follows:9.4Education allowanceThe 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 CommitteeThe PresidentL3172022EN10610120221205EN0012.000210911091DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …on the rules on education allowance for the Transport Community Permanent SecretariatTHE 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 ArticleThe rules on the education allowance for the Transport Community Permanent Secretariat, attached to this Decision, are hereby adopted.For the Regional Steering CommitteeThe PresidentL3172022EN10610120221205EN0012.000311011123Rules on Education allowances for the Transport Community Permanent Secretariat1.Definitions1.1Secretariat means the Permanent Secretariat of the Transport Community.1.2Director means the Director of the Secretariat.1.3Staff 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.1.4dependent child means:a)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;b)any child whom the staff member has a responsibility to support, under a judicial decision on the protection of minors.1.5Headquarters refers the place where the seat of the Secretariat is.1.6educational institutions means nurseries, kindergarten, pre-school, primary and secondary educational institutions, which provide tuition and teaching curriculums.1.7education 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.Applicability2.1Educational 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.2.2The entitlement shall cease in cases when:a)the child is no longer in full-time attendance at an educational institution which charges schooling fees, orb)the child reaches the age of 18 years, orc)the employment of the staff member ends.3.Payment of educational allowance3.1Staff 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.3.2Staff 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.3.3The following items of expenditure shall be taken into account for the educational allowance:a)school/educational institution enrolment fee(s), orb)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.3.4The 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.3.5The 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.3.6Payment 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.3.7If 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.3.8The education allowance shall not be payable in respect of correspondence courses or for private tuition.3.9In 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.3.10The 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.3.11Claims 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 provision4.1Education 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.4.2Members 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.4.3The Director is responsible for the proper implementation of these rules.4.4Depending on the development of prices, the Director may propose to the Regional Steering Committee to review these rules.L3172022EN10610120221205EN0012.000411311131DRAFTDECISION No …/2022 OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITYof …on the rules on secondment and locally contracted expertsTHE 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 ArticleThe rules on secondment and locally contracted experts, attached to this Decision, are hereby adopted.For the Regional Steering CommitteeThe PresidentL3172022EN10610120221205EN0012.000511411196Rules on Secondment and locally contracted experts1.Definitions1.1TCT Secretariat means the Permanent Secretariat of the Transport Community;1.2Director means the Director of the TCT Secretariat;1.3Staff 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.1.4South East European Party means one of Albania, Bosnia and Herzegovina, KosovoThis 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., Montenegro, North Macedonia and Serbia;1.5secondee means an employee employed by the original (actual) employer, but temporarily sent to Headquarters for rendering services to the TCT Secretariat.1.6Secondment 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.1.7Headquarters refers to the place where the seat of the TCT Secretariat is located.1.8Transport 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.1.9TCT means the Transport Community Treaty.1.10Locally 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.Secondments2.1When 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.2.2The Transport public institutions of the TCT Contracting Parties are entitled to secondment of experts for an assignment within the TCT Secretariat.2.3A 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.2.4The 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.2.5The secondee shall be a citizen of any Member State of the European Union or of any South East European Party.2.6The TCT Secretariat does not cover any other engagement costs to the secondee, aside of what is stipulated in point 10.2.7The place of secondment shall be the seat of the TCT Secretariat in Belgrade.2.8The secondee shall have an excellent command of the English language.2.9The 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 procedure3.1The 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.3.2Secondees 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.3.3An 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.3.4The selection procedure and criteria shall be drafted by the TCT Secretariat and presented to the Regional Steering Committee.3.5In 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.3.6Following a proposal of the Selection Panel, the secondment shall be authorised by the TCT Secretariat Director3.7The 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 secondment4.1The period of secondment shall be limited to six months.4.2Secondees shall serve on a full-time basis throughout the period of secondment.5.Tasks of the secondee5.1Secondees will receive a work plan with clearly defined tasks and responsibilities, as well as lines of reporting.5.2All 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.5.3The 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:a)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;b)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.5.4The 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.5.5The 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).5.6Failure 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 secondee6.1During 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 secondment7.1At 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 secondment8.1The secondment may be terminated:a)by the secondee’s employer, if the employer’s essential interests so require;b)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;c)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;d)in case of termination of or change in the secondee’s administrative status.8.2The termination will be subject to a one-month notice.9.Social security of the secondee9.1Before 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.9.2From 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 secondee10.1The secondee shall be entitled to a daily subsistence allowance (DSA) per calendar day throughout the period of secondment.10.2The 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.10.3The DSA rate shall be EUR 91,28.10.4Before 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.10.5The secondee shall not engage in any paid activity outside of the TCT Secretariat during the secondment.10.6When 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.10.7Secondees, 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 secondee11.1The working hours for secondees shall be in line with Article 5 of the Staff Regulations.11.2Sick leave may not extend beyond the duration of the secondment of the person concerned.11.3The rules in force at the TCT Secretariat on annual, special, sick, bereavement leaveTCT Staff Regulations: https://www.transport-community.org/wp-content/uploads/2019/11/transport-community-staffrules_annexe2.pdf shall apply to secondees.11.4Any unused leave with the employer before the start of the secondment shall not be considered nor made available when seconded to the TCT Secretariat.11.5During 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.11.6Days of annual leave not taken by the end of the period of secondment shall be forfeited.11.7Secondees 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.11.8Secondees shall be entitled to attend training courses organised by the TCT Secretariat, if in the interests of the TCT Secretariat.11.9Secondees shall sign a declaration of absence of conflict of interest and of confidentiality before taking up their work.11.10The 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.11.11The 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.11.12Secondees shall present the TCT Secretariat a written confirmation of their health and pension insurance coverage before taking up work.11.13Secondees shall not have any claim to employment at the TCT Secretariat.11.14In 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 experts12.1The 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:a)there is a need of additional administrative or expert support related to the implementation of the TCT;b)there is a lack of corresponding capacities or knowledge;c)a limited period; and,d)budget availability.12.2The 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.12.3Locally 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.12.4Locally 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.12.5Locally 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.12.6Locally contracted experts shall not have any claim to employment at the Transport Community TCT Secretariat.13.Final provisions13.1The 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.13.3The Director may propose to the Regional Steering Committee to review these rules if any reasonable circumstance arises.

2.   Instructions on how to fill in the template

If this template is filled for a protected zone quarantine pest, the template in Part B of this Annex is not to be filled for the same pest.

Explain the underlying assumptions for the survey design per pest. Summarise and justify:

the target population, epidemiological unit and inspection units,

the detection method and method sensitivity,

the risk factor(s), indicating the risk levels and corresponding relative risks and proportions of host plant population.

For column 1:

Indicate the year of the survey. In the case of a survey report to request a protected zone, include the data of at least the three preceding years, using a separate row for each year.

For column 2:

Indicate the scientific name of the protected zone quarantine pest (as listed in Annex III to Implementing Regulation (EU) 2019/2072 or the most accepted scientific name when the pest is not yet listed), using one row per pest.

For column 3:

Indicate the name of the protected zone, using separate rows when there is more than one protected zone for the same pest in the territory of the Member State, as listed in Annex III to Commission Implementing Regulation (EU) 2019/2072.

For column 4:

Indicate the zone: PZ (protected zone), BZ (buffer zone) or IB (inner band), using different rows.

For column 5:

Indicate the number and the description of the survey sites, by choosing one (or more) of the following entries for the description, and the number of surveys done:

1.

Open air (production area): 1.1 field (arable, pasture); 1.2 orchard/vineyard; 1.3 nursery; 1.4 forest;

2.

Open air (other): 2.1 private gardens; 2.2 public sites; 2.3 conservation area; 2.4 wild plants in areas other than conservation areas; 2.5 other, with specification of the particular case (e.g. garden centre, commercial sites that uses wood packaging material, wood industry, wetlands, irrigation and drainage network, etc.);

3.

Physically closed conditions: 3.1 greenhouse; 3.2 private site, other than greenhouse; 3.3 public site, other than greenhouse; 3.4 other, with specification of the particular case (e.g. garden centre, commercial sites that uses wood packaging material, wood industry).

For column 6:

Indicate the months of the year when the surveys were carried out.

For column 7:

Indicate the chosen target population providing accordingly the list of host species and area covered. The target population is defined as the ensemble of inspection units. Its size is defined typically for agricultural areas as hectares, but could be lots, fields, greenhouses etc. Please justify the choice made in the underlying assumptions. Indicate the inspection units surveyed. ‘Inspection unit’ means plants, plant parts, commodities, materials, pest vectors that had been scrutinised for identifying and detecting the pests. If the area of the target population is not available, indicate N/A and include the number of inspection units that compose the target population.

For column 8:

Indicate the epidemiological units surveyed, indicating its description and unit of measurement. ‘Epidemiological unit’ means a homogeneous area where the interactions between the pest, the host plants and the abiotic and biotic factors and conditions would result into the same epidemiology, should the pest be present. The epidemiological units are a subdivision of the target population that are homogenous in terms of epidemiology with at least one host plant. In some cases the whole host plant population in a region/area/country may be defined as epidemiological unit. They could be NUTS (Nomenclature of Territorial Units for Statistics) regions, urban areas, forests, rose gardens or farms, or hectares. The choice of the epidemiological units has to be justified in the underlying assumptions.

For column 9:

Indicate the methods used during the survey including the number of activities in each case, depending on the specific legal pest survey requirements of each pest. Indicate with NA when the information of certain column is not available.

For column 10:

Indicate an estimation of the sampling effectiveness. Sampling effectiveness means the probability of selecting infected plant parts from an infected plant. For vectors, it is the effectiveness of the method to capture a positive vector when it is present in the survey area. For soil, it is the effectiveness of selecting a soil sample containing the pest when the pest is present in the survey area.

For column 11:

‘Method sensitivity’ means the probability of a method to correctly detect pest presence. The method sensitivity is defined as the probability that a truly positive host is detected and confirmed as positive and it is not misidentified. It is the multiplication of the sampling effectiveness (i.e. probability of selecting infected plant parts from an infected plant) by the diagnostic sensitivity (characterised by the visual examinations and/or laboratory test used in the identification process).

For column 12:

Provide the risk factors in different rows, using as many rows as necessary. For each risk factor indicate the risk level and corresponding relative risk and proportion of host plant population.

For column B:

Indicate the details of the survey, depending on the specific legal pests survey requirements for each pest. Indicate with N/A when the information of certain column is not applicable. The information to be provided in these columns is related to the information included in the column 9 ‘Detection methods’.

For column 18:

Indicate the number of trapping sites in case this number differs from the number included in the column 16 ‘No of traps’ (e.g. the same trap is used in different places).

For column 20:

Indicate the number of samples found positive, negative or undetermined. ‘Undetermined’ are those analysed samples for which no result was obtained due to different factors (e.g. below detection level, unprocessed sample-not identified, old).

For column 21:

Indicate the outbreak notifications of the year when the survey took place. The outbreak notification number does not need to be included when the competent authority has decided that the finding is one of the cases referred to in Articles 14(2), Article 15(2) or Article 16 of Regulation (EU) 2016/2031. In this case, please indicate the reason for not providing this information in column 24 (‘Comments’).

For column 22:

Indicate the sensitivity of the survey, as defined in the International Standard for Phytosanitary Measures (ISPM) No 31 (‘Methodologies for sampling of consignments’). This value of the achieved confidence level of pest freedom is calculated based on the examinations (and/or samples) performed given the method sensitivity and the design prevalence.

For column 23:

Indicate the design prevalence based on a pre-survey estimate of the likely actual prevalence of the pest in the field. The design prevalence is set as a goal of the survey and corresponds to the compromise the risk managers are making between the risk of having the pest and the resources available for the survey. Typically, for a detection survey a value of 1 % is set.

For column 24:

Include any other relevant information and, where applicable, information about the results of the surveys of asymptomatic plants with positive results.


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