E UROPEAN U NION ATHENA 2007

1. EUROPEAN UNION ATHENA 2007 Council decision 2007/384/CFSP of 14 May 2007 ( OJ 13/06/2007 L152/14 ) A T H E N A

2. Civilian Personnel Policy What is the CPP? • draft guidelines – gone through discussion in the Special Committee of ATHENA; • mainly based on experience gained in operation ALTHEA; • “tested” in operation EUFOR Congo; A T H E N A

3. Civilian Personnel Policy Civilian Personnel in operations I. How? II. Framework A T H E N A

4. Civilian Personnel Policy I. How? • recruitment - direct employment, i.e. civilian staff employed by ATHENA; • through agencies/companies – procurement procedure must be duly carried out (not part of this presentation); A T H E N A

5. Civilian Personnel Policy II. Framework for recruitment • force generation process did not provide adequate manpower – prior approval of the Special Committee of ATHENA ; • proves to be economic to directly employ staff, • already during preparatory phase; • * military capabilities – before recruiting armed guards, OpCdr must obtain prior authorisation of the Special Committee of ATHENA; • before starting, the appropriations available in the budget must be checked (J1&J8); • establishment plan to be submitted to Special Committee of ATHENA within 3 months of the launch; A T H E N A

6. Civilian Personnel Policy Categories of personnel Three categories One category working within EU territory: 1 - Civilian personnel working in EU territory Two categories working outside EU territory: 2 - International Civilians 3 - Local Civilian Hires A T H E N A

7. Civilian Personnel Policy Definition for each category 1. Civilian personnel working in EU territory: • selected from nationals of EU Member States and citizens of third States participating in the operation. 2. International Civilians: • nationals of EU Member States and/or of a third country participating in the operation; • not permanent residents in the Host State(s). 3. Local Civilian Hires: • nationals of or permanently residents in theHost State(s). A T H E N A

8. Examples of tasks to be performed • administrative; • accounting; • translation; • interpreting; • ancillary and manual tasks. A T H E N A

9. Civilian Personnel Policy Legislation/laws applicable to employment - as suggested in the CPP 1. Civilian personnel working in EU territory: • Laws of the EU Member State where the person will carry out his/her duties; 2. International Civilians: • Thorough rules, covering the aspects of employment provided in in Part III of the CPP; 3. Local Civilian Hires: • Labour laws of the State where they are employed – inasmuch as there are such laws in force; A T H E N A

10. Civilian Personnel Policy Before starting recruitment Collect information Decide on type of contract (fixed vs. indefinite term) A T H E N A

11. Civilian Personnel Policy Collect information! … from a specialised lawyer/expert, local authorities, embassies of EU MSs, MSs already deployed in the area or other, A T H E N A

12. Civilian Personnel Policy … on • labour legislation – if applied- of the state of employment (incl. relevant collective agreements), notably • provisions concerning social security, • indemnities/allowances to be paid in case of terminating employment (indefinite vs. fixed term contract), • minimum wage, • working conditions/security at work. In case of doubt on the laws to be applied, advice to be obtained from Administrator of ATHENA; • salaries paid in the domestic labour market for similar jobs; A T H E N A

13. Civilian Personnel Policy Decide on type of contract (fixed vs. indefinite term) • legal possibilities/constraints, • costs, • term of the operation, • difficulties in termination. A T H E N A

14. Civilian Personnel Policy Recruitment By whom? How? A T H E N A

15. Civilian Personnel Policy By whom? • employer's representative: • OpCdr, or the holder of a delegation (J1), sub-delegation to recruit civilian personnel; A T H E N A

16. Civilian Personnel Policy How? • EU territory - publishing vacancy notice; • Other - advertisement by all appropriate means; • spontaneous “applications” from locals; • Recruitment can be considered as a way to assist/compensate locals. • possibility of creating an advisory board; • when selecting candidates, due consideration to financial “consequences” A T H E N A

17. Civilian Personnel Policy Contracting – conditions • General – meet criteria set out in vacancy notice; • Medical requirements • medical check-up before recruitment • vaccinations • Security clearance (temporary/permanent ~ is a condition to contracting not of application; EU-formalised procedure, for locals security check of background, “risk evaluation”) • Financial limit – verify that employment expenditure does not exceed the appropriations in force; A T H E N A

18. Civilian Personnel Policy Contracts • form and language; • Always in writing; • Must be thoroughly understood by employee; • Language required by applicable legislation; • minimum elements; • models; • when a MS/organisation already employs in the area – to resort to their contracts/conditions where possible; • adaptation to concrete rules/circumstances. A T H E N A

19. Civilian Personnel Policy Remuneration • Salaries • negotiable • for LCHs – determined by OpCdr - not exceeding by more than 15% average salaries in the domestic market for similar jobs; • currency/form; • Allowances • those that are obligatory + few proposed in CPP • Severance grant (=10% of basic monthly remuneration for each month spent in consecutive employment) • Social security – calculation of contribution by local authority, if available (difference by categories) • Insurance A T H E N A

20. Civilian Personnel Policy Administrative obligations • employee’s registrar; • pay slip; • work certificate; A T H E N A

21. EUROPEAN UNION ATHENA QUESTIONS ?