EUROPEAN COMMISSION

Brussels, 12.4.2021

COM(2021) 180 final

2021/0096(NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the Regional Steering Committee of the Transport Community as regards certain administrative and staff matters of the Transport Community

EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

This proposal concerns a decision establishing the position to be taken on behalf of the European Union in the Regional Steering Committee set up under the Treaty establishing the Transport Community (‘the TCT’) in connection with the envisaged adoption by the Regional Steering Committee of decisions on a number of administrative matters: 1) reimbursement of expenses incurred by persons from outside the Permanent Secretariat of the Transport Community, who are invited to participate in meetings of the Transport Community, 2) reimbursement of staff of the Permanent Secretariat of the Transport Community for travel and relocation costs upon taking up duties and termination of service, and 3) Transport Community contribution to the health, unemployment, pension and disability insurance for staff of the Permanent Secretariat of the Transport Community.

2.Context of the proposal

2.1.The Treaty establishing the Transport Community

The European Union is a party to the TCT, which has been applied provisionally since 2017 and has entered into force on 1 May 2019 1 .

2.2.The Regional Steering Committee

The Regional Steering Committee is established by Article 24 of the TCT. It is responsible for the administration of the TCT and for ensuring its proper implementation. For this purpose, it makes recommendations and takes decisions in the cases provided for in the TCT. Notably, the Regional Steering Committee:

(a) prepares the work of the Ministerial Council,

(b) decides on the establishment of technical committees,

(c) makes recommendations and takes decisions in accordance with the TCT,

(d) as regards newly adopted EU acts, takes appropriate action, notably through the revision of Annex I to the TCT,

(e) appoints the Director of the Permanent Secretariat after consulting the Ministerial Council,

(f) may appoint one or more Deputy Directors of the Permanent Secretariat,

(g) lays down rules of the Permanent Secretariat,

(h) may review, by way of a decision, the level of budget contributions,

(i) adopts the annual budget of the Transport Community,

(j) adopts a decision specifying the procedure for the implementation of the budget, for presenting and auditing accounts and for inspection,

(k) takes decisions on disputes brought by the Contracting Parties,

(l) adopts general principles in the area of access to documents, in respect of documents held by bodies established by, or under, the TCT,

(m) adopts annual reports to the attention of the Ministerial Council on the implementation of the Comprehensive Network,

(n) in respect of certain Union acts, establishes time limits and ways for the transposition by the South East European Parties.

2.3.The envisaged acts of the Regional Steering Committee

The Regional Steering Committee is to adopt decisions on 1) reimbursement of expenses incurred by persons from outside the Permanent Secretariat of the Transport Community, who are invited to participate in meetings of the Transport Community, 2) reimbursement of staff of the Permanent Secretariat of the Transport Community for travel and relocation costs upon taking up duties and termination of service, and 3) Transport Community contribution to the health, unemployment, pension and disability insurance for staff of the Permanent Secretariat of the Transport Community.

The envisaged decisions will become legally binding on the parties in accordance with Article 25(1) of the TCT.

3.Position to be taken on the Union's behalf

The adoption of these decisions by the Regional Steering Committee is necessary for the implementation of the TCT and for the proper management of the Permanent Secretariat. As the Union is a party to the TCT, it is necessary to establish a Union position.

4.Legal basis

4.1.Procedural legal basis

4.1.1.Principles

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 2 .

4.1.2.Application to the present case

The Regional Steering Committee is a body set up by an agreement, namely the TCT.

The acts which the Regional Steering Committee is called upon to adopt constitute acts having legal effects. In accordance with Article 30 of the TCT, the Regional Steering Committee is empowered to lay down rules of the Permanent Secretariat notably for the working conditions of the Secretariat’s staff. Under Article 35 of the TCT, the Regional Steering Committee is empowered to adopt decisions specifying the procedure for the implementation of the budget. By their nature, and as a matter of international law governing the Regional Steering Committee, those rules contain elements that affect the legal position of the parties to the TCT and therefore also of the Union. Consequently, they must be considered as having legal effects.

The envisaged acts do not supplement or amend the institutional framework of the TCT.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

4.2.Substantive legal basis

4.2.1.Principles

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

With regard to an envisaged act that simultaneously pursues a number of objectives, or that has several components, which are inseparably linked without one being incidental to the other, the substantive legal basis of a decision under Article 218(9) TFEU will have to include, exceptionally, the various corresponding legal bases.

4.2.2.Application to the present case

The envisaged acts are necessary for the proper functioning of the TCT. In turn, the TCT pursues objectives and has components in the areas of road, rail and inland waterways transport, which are modes covered by Article 91 TFEU as well as in the area of sea transport, a mode covered by Article 100(2) TFEU. Because of its horizontal nature, the envisaged act pertain to all these elements.

Therefore, the substantive legal basis of the proposed decision comprises the following provisions: Articles 91 and 100(2) TFEU.

4.3.Conclusion

The legal basis of the proposed decision should be Articles 91 and 100(2) TFEU, in conjunction with Article 218(9) TFEU.

5.Publication of the envisaged act

In accordance with Article 25(2) of the TCT, the decisions of the Regional Steering Committee shall be published in the Official Journal of the European Union.

2021/0096 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the Regional Steering Committee of the Transport Community as regards certain administrative and staff matters of the Transport Community

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

Whereas:

(1)The Treaty establishing the Transport Community ('TCT') was concluded by the Union by Council Decision (EU) 2019/392 3 and entered into force on 1 May 2019.

(2)In accordance with Article 24 of the TCT, the Regional Steering Committee was established for the administration and the proper implementation of the TCT. Pursuant to Articles 30 and 35 of the TCT, the Regional Steering Committee is to adopt rules on the working conditions of the staff of the Permanent Secretariat of the Transport Community, and on the implementation of the budget.

(3)The Regional Steering Committee, during its meeting in May 2021, is to adopt decisions on the reimbursement of expenses incurred by persons from outside the Permanent Secretariat of the Transport Community, who are invited to participate in meetings of the Transport Community; the reimbursement of staff of the Permanent Secretariat of the Transport Community for travel and relocation costs upon taking up duties and termination of service; and the contribution of the Transport Community to the health, unemployment, pension and disability insurance for staff of the Permanent Secretariat of the Transport Community. Should these matters not be dealt with during that meeting, the adoption of those decisions will be scheduled for the subsequent meeting.

(4)It is appropriate to establish the position to be taken on the Union’s behalf in the Regional Steering Committee, as such decisions are necessary for the good functioning of the Permanent Secretariat of the Transport Community and will be binding upon the Union,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf in the Regional Steering Committee set up by the Treaty establishing the Transport Community as regards the adoption of rules on the reimbursement of expenses incurred by persons from outside the Permanent Secretariat of the Transport Community, who are invited to participate in meetings of the Transport Community; the reimbursement of staff of the Permanent Secretariat of the Transport Community for travel and relocation costs upon taking up duties and termination of service; and the contribution of the Transport Community to the health, unemployment, pension and disability insurance for staff of the Permanent Secretariat of the Transport Community shall be based on the corresponding draft decisions of the Regional Steering Committee attached to this Decision.

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

Article 2

This Decision is addressed to the Commission.

Done at Brussels,

(1)    Council Decision (EU) 2019/392 of 4 March 2019 on the conclusion, on behalf of the European Union, of the Treaty establishing the Transport Community OJ L 71, 13.3.2019, p. 1

(2)    Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64.

(3)    Council Decision (EU) 2019/392 of 4 March 2019 on the conclusion, on behalf of the European Union, of the Treaty establishing the Transport Community OJ L 71, 13.3.2019, p. 1.

EUROPEAN COMMISSION

Brussels, 12.4.2021

COM(2021) 180 final

ANNEX

to the

Proposal for a Council Decision

on the position to be taken on behalf of the European Union in the Regional Steering Committee of the Transport Community as regards certain administrative and staff matters of the Transport Community

DRAFT

DECISION No 2021/
OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY

of …

on the adoption of rules on the reimbursement of expenses incurred by persons from outside the Permanent Secretariat of the Transport Community, who are invited to participate in meetings of the Transport Community

THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY,

Having regard to the Treaty establishing the Transport Community, and in particular Article 35 thereof,

HAS DECIDED AS FOLLOWS:

Sole Article

The rules on the reimbursement of expenses incurred by persons from outside the Permanent Secretariat of the Transport Community, who are invited to participate in meetings of the Transport Community, are set out in the Annex.

   For the Regional Steering Committee

   The Chairman

ANNEX
Rules on the reimbursement of expenses incurred by persons from outside the Permanent Secretariat of the Transport Community, who are invited to participate in meetings of the Transport Community

1.Scope

1.1.These rules apply to participants who are invited to the following meetings of the Transport Community:

(a)the Ministerial Council, the Regional Steering Committee, Technical Committees, the Social Forum;

(b)the Budget Committee;

(c)task Forces, Coordination Groups and other working bodies established by the decisions or conclusions of the Ministerial Council, the Regional Steering Committee;

(d)conferences, meetings, workshops and other fora, organised by the Permanent Secretariat of the Transport Community relating to the work program of the Transport Community;

(e)meetings of a different nature organised within the scope of Transport Community Treaty implementation (high level debates, workshops etc.);

(f)selection procedures for posts published by the Transport Community (selection panel members); or

(g)selection procedures for posts published by the Transport Community (applicants).

1.2.In principle, only one representative per beneficiary party (ministry, regulatory authority, agency, entity etc.) shall be eligible for reimbursement. The Director of the Permanent Secretariat of the Transport Community (the ‘Permanent Secretariat’) may depart from this rule, by a reasoned decision, in the event of joint meetings of several committees or working groups.

1.3.Only costs of travel and accommodation shall be reimbursed. No per diems shall be paid in addition to that.

2.Travel costs

2.1.All invited participants shall be entitled to the reimbursement of their travel expenses from the place specified in their invitation (work or home address) to the place of the meeting, by the most appropriate means of transport given the distance involved. In general, this shall be second-class rail travel for journeys of less than 400 km (one way, according to official distance by rail) and economy class air travel for distances of 400 km or more.

2.2.The Director of the Permanent Secretariat shall try to ensure that meetings are organised in such a way as to enable participants to benefit from the most economic travel rates.

2.3.Travel expenses shall only be reimbursed on presentation of original supporting documents.

2.4.When air or rail transport is not available or is not cost-effective, travel by bus or car shall be authorised.

2.5.The cost of travel by private vehicle shall be reimbursed at the rate of EUR 0.22 per km.

2.6.Taxi fares shall only be reimbursed if no local transport is available.

2.7.Travel costs shall be reimbursed up to EUR 700.

3.Accommodation

3.1.Invited participants who have to spend one or more nights at the place where the meeting is held because the meeting times are incompatible with the times of flights or trains shall be entitled to have the costs of accommodation, up to EUR 120 per night, reimbursed. The number of nights may not exceed the number of meeting days + 1.

3.2.An additional night may be exceptionally reimbursed, subject to the prior approval of the Director of the Permanent Secretariat, if prolonging the stay would enable the invited participant to obtain a reduction in the cost of transport worth more than the cost of the additional night.

3.3.Only accommodation costs shall be reimbursed. Any other expenditure related to the stay at the hotel shall not be reimbursed (internet, telephone, photocopying, minibar, non-included breakfast, etc.).

4.Purchase of tickets and accommodation

4.1.In principle, the invited participants as defined under Article 1.1, points (a) to (e) shall book their own tickets and accommodation. The bookings shall be made as early as possible so that the most economic fare/rate can be obtained. An advance payment of expenditure, including booking of travel and/or accommodation by the Permanent Secretariat of the Transport Community, shall remain limited to exceptional cases and is subject to the provisions of Article 6.

4.2.For participants as defined under Article 1.1, points (f) and (g), the travel and accommodation arrangements shall be made by the Permanent Secretariat.

5.Reimbursement Procedure

5.1.A travel reimbursement request shall be submitted in an electronic format to the Permanent Secretariat at the latest 15 calendar days after the date of the meeting in question.

5.2.The form in Appendix 1 shall be used. The request shall be supported by documents as evidence of the costs incurred, namely tickets (public transport tickets included) and invoices or, in the case of online bookings, the printout of the electronic reservation and boarding cards for the outward journey. The documents supplied must show the class of travel used, the time of travel and the amount paid. There shall be no reimbursement where a complete set of invoices is not provided.

5.3.Any related correspondence regarding the reimbursement matters shall be sent in writing to: finance@transport-community.org

5.4.Reimbursements shall be made via bank transfer only.

5.5.Reimbursement shall be made in Euro to the stated bank account of the institution or organisation nominating the meeting participant. The rate of exchange that applies on the date of the meeting shall apply.

5.6.Reimbursement may be made to a private bank account of the invited participant only upon written request by the institution or organisation nominating the participant.

5.7.The bank account details to be submitted shall contain the following: name of the beneficiary (account holder), address of the account holder, bank name, bank account number (IBAN), Swift Code (BIC).

6.Advanced payments of travel and accommodation expenses

6.1.The Director of the Permanent Secretariat may decide, based on a request submitted to him/her in writing from the nominating institution or organisation, whether an advanced payment of travel and accommodation costs for participants as defined under Article 1.1, points (a) to (e) is to be made.

6.2.The request for advanced payment shall be submitted in writing to the Permanent Secretariat, to the dedicated email address finance@transport-community.org, at least 21 calendar days before the date of the meeting. The form in Appendix 2 shall be used. The late submission of such a request may serve as a justification for rejecting the request.

6.3.Following the approval of a request, and in accordance with the draft agenda for the meeting, the Permanent Secretariat shall book the travel and accommodation for the participant in question. The Permanent Secretariat shall send to the invited participant via email the booking confirmations for the ticket and accommodation.

6.4.When applying for the advanced payment of travel expenditures, the participant commits to taking part in the meeting in question.

6.5.Where the invited participant is not in the position to participate in the meeting - for reasons, which are not directly attributable to the Transport Community - the nominating institution or organisation shall indemnify the Permanent Secretariat for the costs incurred in relation to the organisation of the trip (e.g. costs of tickets booked including cancellation fees, etc.).

7.Administrative and final provisions

7.1.The Director of the Permanent Secretariat shall be responsible for the proper implementation of these Rules.

7.2.The Permanent Secretariat shall retain, for a period of five years, the records, documents and evidence related to the reimbursement, including documents related to exceptional treatment.

7.3.These Rules shall be made public through the website of the Transport Community upon their adoption.

APPENDIX 1 – TRAVEL REIMBURSEMENT REQUEST

APPENDIX 2 - APPLICATION FOR ADVANCED PAYMENT OF TRAVEL EXPENDITURES

DRAFT

DECISION No 2021/
OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY

of …

on the adoption of rules on the reimbursement of staff of the Permanent Secretariat of the Transport Community for travel and relocation costs upon taking up duties and termination of service 

THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY,

Having regard to the Treaty establishing the Transport Community, and in particular Articles 30 and 35 thereof,

HAS DECIDED AS FOLLOWS:

Sole Article

The rules on the reimbursement of staff of the Permanent Secretariat of the Transport Community for travel and relocation costs upon taking up duties and termination of service are set out in the Annex.

   For the Regional Steering Committee

   The Chairman

Annex

Rules on the reimbursement of staff of the Permanent Secretariat of the Transport Community for travel and relocation costs upon taking up duties and termination of service

1.Scope

1.1.These rules apply to:

(a)the reimbursement of travel costs of staff of the Permanent Secretariat of the Transport Community subject to the Staff Regulations of the Transport Community (the ‘staff’), their spouses, and dependent children between the ages of 2 and 18 years, actually living in their households, upon taking up duties and termination of service;

(b)the reimbursement of removal and storage cost of staff, upon taking up duties and termination of service;

(c)the payment of an installation allowance to staff upon taking up duties.

2.Travel expenses

2.1.Travel expenses shall be reimbursed upon:

(a)taking up duties: from the place of recruitment to the place of employment;

(b)termination of service, from the place of employment to the place of origin, provided that this involves a change in the main residence and is carried out within three years of the date of termination.

2.2.In general, the means of transport shall be second-class rail travel for journeys of less than 400 km (one way, according to official distance by rail) and economy class air travel for distances of 400 km or more.

2.3.The costs of excess baggage may be reimbursed up to 10 kg per each eligible traveller.

2.4.Travel expenses shall only be reimbursed on the presentation of original supporting documents.

2.5.When air or rail transport is not available or is not cost-effective, travel by bus or car shall be authorised.

2.6.The cost of travel by private vehicle shall be reimbursed at the rate of EUR 0.22 per km.

2.7.Taxi fares shall not be reimbursed.

3.Removal Expenses

3.1.Expenses incurred in respect of removal of furniture and personal effects including the cost of insurance against ordinary risks (notably breakages, theft, fire etc.) shall be reimbursed, subject to the prior authorisation of the Director of the Permanent Secretariat of the Transport Community upon:

(a)taking up duties, not more than one year after the end of the probationary period: for a removal from the place of habitual residence to the place of employment. The costs for a removal effected prior to the entry into service of a member of staff shall not be reimbursed;

(b)termination of service, for a removal from the place of employment to the place of origin, or to a place which is at the same or at a shorter distance.

3.2.The costs to be reimbursed shall be a lump sum removal allowance or the expenses actually incurred.

3.3.The expenses actually incurred, including the cost of storage for a maximum of 60 days and insurance against ordinary risks, shall be reimbursed within the following limits:

(a)8000 kg or 40 m3 for eligible members of staff accompanied to the duty station or joined there by at least one member of his/her family travelling at the expense of the Permanent Secretariat of the Transport Community;

(b)4000 kg or 30 m3 for eligible members of staff not accompanied by any member of his/her family travelling at the expense of the Permanent Secretariat of the Transport Community;

(c)the ceiling for the reimbursement of removal costs actually incurred shall be EUR 6 000.

3.4.Transportation shall be by land or sea or the most economical means as determined by the Director of the Permanent Secretariat of the Transport Community, taking into account costs related to packaging, crating, cartage, unpacking, uncrating and customs duties, if any.

3.5.Staff shall be required to submit for approval to the Permanent Secretariat of the Transport Community offers from at least three removal companies.

3.6.A lump sum removal allowance shall be 30 percent of the basic salary of the member of staff, with a maximum ceiling of EUR 1 500.

4.Installation allowance

4.1.Staff not accompanied by any member of his/her family, and travelling at the expense of the Permanent Secretariat, shall be entitled to an installation allowance upon appointment equal to the amount of one monthly salary.

4.2.Staff accompanied to the duty station or joined there by at least one member of his/her family, and travelling at the expense of the Permanent Secretariat, shall be entitled to an installation allowance upon appointment equal to the amount of two monthly salaries paid simultaneously by the Permanent Secretariat of the Transport Community.

5.Administrative and final provisions

5.1.Members of staff shall inform the Permanent Secretariat of the Transport Community if their travel and removal expenses and, when applicable, those of their family members, are partially or totally covered by a third party (e.g. Governmental authorities, inviting entity, spouse’s employer, other employer, etc.), in which case the Permanent Secretariat of the Transport Community shall reimburse or cover only the portion of the expenses not covered by the third party.

5.2.The Director of the Permanent Secretariat of the Transport Community shall be responsible for the proper implementation of these rules.

5.3.The Permanent Secretariat of the Transport Community shall retain the records, documents and evidence related to the reimbursement of removal and travel expenses and the payment of installation allowances for a period of five years.

5.4.These rules shall apply from the day following that of their adoption by the Regional Steering Committee.

5.5.Staff who took up duties before the adoption of these rules, shall be entitled to the reimbursement of the travel and removal expenses and the payment of an installation allowance in line with these rules, upon presentation of supporting documentation on the actual cost incurred and up to the maximum ceilings defined.

5.6.Depending on the price developments, the Director of the Permanent Secretariat of the Transport Community may propose to the Regional Steering Committee to review the present rules.

5.7.The present rules shall be made public through the website of the Transport Community upon their adoption.

DRAFT

DECISION No 2021/
OF THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY

of …

on the adoption of rules on the contribution of the Transport Community to the health, unemployment, pension and disability insurance for staff of the Permanent Secretariat of the Transport Community

THE REGIONAL STEERING COMMITTEE OF THE TRANSPORT COMMUNITY,

Having regard to the Treaty establishing the Transport Community, and in particular Articles 30 and 35 thereof,

HAS DECIDED AS FOLLOWS:

Sole Article

The rules on the contribution of the Transport Community to the health, unemployment, pension and disability insurance for staff of the Permanent Secretariat of the Transport Community are set out in the Annex.

   For the Regional Steering Committee

   The Chairman

Annex

Rules on the contribution of the Transport Community to the health, unemployment, pension and disability insurance for staff of the Permanent Secretariat of the Transport Community

1.Scope

1.1.These rules apply to staff of the Permanent Secretariat of the Transport Community who are subject to the Staff Regulations of the Transport Community (the ‘staff’).

1.2.In accordance with Article 12(b) of the Staff Regulations of the Transport Community, these rules set out the contribution of the Transport Community to the health, unemployment, pension and disability insurance for the staff.

2.Health insurance

2.1.Staff are responsible for arranging an appropriate health insurance scheme as of the first day of appointment. Staff shall inform the Transport Community in writing of their health insurance scheme within one month after their date of appointment.

2.2.The contribution of the Transport Community to the health insurance of the staff shall be 7.8%, calculated on the average base salary paid by the Permanent Secretariat of the Transport Community during the preceding month.

3.Pension insurance

3.1.Staff are responsible for arranging an appropriate pension insurance scheme for themselves as of the first day of appointment. Staff shall inform the Transport Community in writing of their pension insurance scheme within one month after their date of appointment.

3.2.The contribution of the Transport Community to the pension insurance of a member of staff shall be 5 % of the base salary of that member of staff.

4.Disability and life insurance

4.1.The Permanent Secretariat of the Transport Community shall insure staff in case of injury, accident, occupational illness, death or disability attributable to the performance of official duties.

5.Unemployment insurance

5.1.Staff are responsible for arranging an appropriate unemployment insurance at their own expense.

6.Final provisions

6.1.The Director of the Permanent Secretariat of the Transport Community shall be responsible for the proper implementation of these rules.

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

6.3.Depending on the price developments, the Director of the Permanent Secretariat of the Transport Community may propose to the Regional Steering Committee to review the present rules.

6.4.The present rules shall be made public through the website of the Transport Community upon their adoption.