IMPLEMENTING ARRANGEMENTS FOR ELECTION OBSERVATION MISSIONS

ANNEX IMPLEMENTING ARRANGEMENTS FOR ELECTION OBSERVATION MISSIONS 1. INTRODUCTION Allowing the EU to assess and improve the reliability of electoral processes, election observation is one of the EU s main tools for promoting democracy and democratic values around the world. Since the first ever election observation mission in Russia in December 1993, the EU has observed elections in some 66 countries, in 142 different missions. Election observation missions (EOMs) now take up to a quarter of the EU s annual budget under the instrument for democracy and human rights (EIDHR). EOMs are an EU success story. They formulate their independent assessment of elections. They are recognised for providing as objective as possible an assessment of elections, in accordance with regional and international standards. The mechanisms put in place to implement EOMs so far have worked well. However, both operational requirements and implementation methods have evolved over the last decade. EOMs have increased in number and become more ambitious and comprehensive in scope, working to a detailed methodology. In principle, the EU is ready to observe elections in any partner country, and where necessary to cope with particular security requirements. When in the field, a mission requires accommodation, office facilities, communications equipment, transport, and security. The chief observer leading the mission needs experts for advice in a range of disciplines. One EOM may involve the deployment of up to 200 experts and observers over a period of several weeks. All of this poses major logistical and administrative challenges. 1 With a new European Instrument for Democracy and Human Rights in place for the period 2014-2020 2, now is an opportune moment to revisit the implementation framework last established by the Commission in a Communication and a Decision dating back to 2000 and 2004 3. What is required is fine-tuning and clarification of certain issues. It is not proposed to change the essential elements of the system which have proven their worth, namely: Close involvement of the High Representative for Foreign Affairs and Security Policy/Vice-President of the Commission, since 2011 assisted by the European External Action Service (EEAS) and the Commission's Service for Foreign Policy Instruments (FPI); Close involvement of stakeholders in the European Parliament and its relevant bodies notably the Democracy Support and Election Coordination Group (DEG), as 1 2 3 Currently for the implementation of the EU EOMs FPI contracts Service Providers by the way of a Framework Contract. However, other management modes (direct or indirect) could be used as well. Regulation (EU) No 235/2014 of the EP and Council of 11 March 2014 on establishing a financing instrument for democracy and human rights worldwide (OJ L 77, 15.3.2014, p. 185). Communication COM(2000)191 and Decision C(2004)206 1

well as in the Political and Security Committee (PSC), the Council working groups, and Member States Ministries for Foreign Affairs (through national focal points ); In line with the High Representative s 2010 Declaration on Political Accountability, the usual practice of selecting Members of the European Parliament to lead EOMs as chief observers, and as a guarantee for the independence of the mission, with the relevant bodies in Parliament closely involved; The volunteer status of the election observers, a long-standing practice inspired by the Council guidelines from 1998 (Council Decisions 9262/98 and 8728/98) and the Communication COM(2000)191, with the national focal points closely involved in the administration of the scheme and in the selection of observers; The provision to the chief observer leading a mission of the best possible technical expertise and advice, drawn from a pool of experienced experts covering all aspects necessary for a mission s success, and including the administrative and political support by a deputy chief observer. FPI as the Commission service responsible for the administrative, financial and security aspects of EU EOMs FPI has done as much as possible within its powers of authorising officer to clarify matters at administrative level. Certain practical aspects however should be addressed by the Commission including the following: 1. The status of the chief observer, in particular, as is usual practice, when an MEP is selected, and aspects of their relationship with the Commission; 2. Similar considerations for the deputy chief observer, and in particular the need to professionalise their role as an essential back-up and management function in each EOM; 3. Clarification of the role and status of the experts serving in the Core Team (CT) and providing advice to the chief and deputy chief observers; 4. Confirmation of the volunteer status of the election observers both short-term (STOs) and long-term (LTOs); clarification of arrangements for payment of their expenses. Essential stakeholders both in the European Parliament and the Member States, together with the EEAS, will be duly informed of these measures. The financial impact is set out in the budget impact statement attached (Attachment 3). 2. CHIEF OBSERVERS The HR/VP appoints, in principle, a Member of the European Parliament (MEP) as chief observer (CO) of an election observation mission. The MEP concerned will receive a letter of appointment to lead the mission, including a description of his/her tasks and responsibilities as CO and practical arrangements for the payment of their mission costs in its annex. For the payment of mission costs of MEPs acting as chief observers of an EU election observation mission (EOM), the Commission shall apply the rules set out in Attachment 1. 2

In this respect, for missions carried out by the CO outside the EU territory the Commission 4 will provide the MEP acting as chief observer with: the travel services between the EU and the country where the EU election observation mission shall take place as well as travel within the country where the activity takes place; the accommodation organised in the country where the activity of the EU election observation mission shall take place. a subsistence allowance which is currently EUR 152 per day (see Attachment 1). The Commission shall pay only those costs which are necessary for the conduct of the mission. Where the CO carries out an assignment on EU territory for the exclusive purpose of an EOM, the Commission shall pay a subsistence allowance (currently EUR 304, see Attachment 1). Travel expenses shall be paid separately. The CO shall not be entitled to a subsistence allowance from the Commission if it is already paid by the Parliament in relation to activities conducted under his/her mandate as an MEP. The HR / VP is hereby empowered to settle any dispute about the application of the rules by joint agreement with the President of the European Parliament and where appropriate may delegate this task to the Director / Head of Service FPI as the designated representative of the Commission. Wherever, exceptionally, a member of the European Parliament is not selected as chief observer, the HR / VP may select another suitably-qualified person who shall be engaged for the duration of the EOM as a special adviser at a pay-scale to be agreed with the Director General for Budget and the Director General for Human Resources. In this case the PMO shall assist FPI in the calculation and management of the necessary payments on the basis of the complete information given by the FPI to European Commission s Paymasters Office (PMO). 3. DEPUTY CHIEF OBSERVERS The role of deputy chief observers (DCOs) is to assist the chief observer in the conduct of the EOM and in managing its core team. The DCOs also replace the chief observer whenever absent, including in the diplomatic and media contacts essential for the functioning of the EOM. They provide an essential back-up and administrative function for each chief observer, usually through their presence in the field during the full duration of the mission as well as its preparatory and winding-down phases. As such, and in order to provide advice and assistance of the highest possible standard, DCOs' role has evolved so that the exercise of public authority and discretion in the making of political choices on behalf of the EU may be required. In particular, the deputy chief observer is an important point of contact in the field between the EOM and the service provider or implementing partner contracted by the Commission to provide the mission with the services it requires to accomplish its tasks. Therefore it is important in 4 Or on behalf of the Commission and under its authority, a service provider contracted for this purpose. 3

future to clarify that the deputy chief observers are non-permanent staff employed by the Commission for the duration of a mission to help it discharge its duties under the treaties towards the chief observer and the EOM and all its participants. Given the importance of the function, high-profile responsibilities and authority necessary to represent the mission in absence of the CO and also to offer attractive and competitive conditions, the deputy chief observer shall be engaged for the duration of the EOM under Articles 5 and 124 of the Conditions for Employment of Other Servants of the European Union (CEOS) as a special adviser to the VP. Given the specificities of this function within EOMs and the nature of appropriation intended for this purpose the Rules on special advisers to the Commission (Decision C(2007)6655 of 19.12.2007) do not apply 5. HR / VP shall be appointing authority for the deputy chief observers and shall delegate the necessary power to the Director / Head of Service of FPI. Deputy chief observers shall not be authorising officers of the Commission, but may be called upon under the above-mentioned job description to assist the Commission with the exercise of certain of its authorising officer duties inter alia in the communication with the service provider and in the monitoring, reporting and evaluation of the latter s performance. The Commission, in agreement with the EEAS, shall establish the description of the job and functions of a DCO. They shall also establish the criteria for their selection for each EOM. The HR /VP shall adopt procedures for the selection and recruitment of deputy chief observers from amongst the pool of member state experts available in the existing EOM roster as follows: A call for candidatures for a post of a DCO for a particular mission shall be published on the FPI website, separately from the call for the other Core Team experts. The FPI Director/Head of Service will appoint a selection committee composed of two members from the FPI and one from the EEAS. Observers from the Commission and EEAS may also be invited. The selection committee will pre-select three candidates and propose them to the FPI Director/Head of Service in a ranking order. Further to a comprehensive consultation of the EEAS, and after having consulted the Chief Observer whenever possible, the FPI Director/Head of Service will decide upon the final appointment of one of the three pre-selected candidates. The selection procedures adopted by the HR/VP will also specify the applicable evaluation and disciplinary provisions. DCOs will receive a fee for each day worked of EUR 550 6. In accordance with Article 2 of Council Regulation (EEC, Euratom, ECSC) No 260/68 of 29 February 1968 7, these fees shall be subject to Community tax but exempt from national taxes or levies. For their 5 6 7 Decision C(2007)6655 of 19.12.2007 sets out the following: "These rules do not apply to special advisers covered by other specific Commission decisions and remunerated from appropriations specifically intended for the purpose" Any costs linked to the Special Adviser s function will be covered by the Heading IV of Staff Regulations. Council Regulation (EEC, Euratom, ECSC) No 260/68 of 29 February 1968 laying down the conditions and procedure for applying the tax for the benefit of the European Communities (OJ No L56/08, 4.3.1968) 4

individual mission expenses the deputy chief observers shall be subject to the rules of the Mission Guide applicable to Commission staff. The PMO shall assist FPI in the calculation and payment of the fees. The HR /VP may adjust the daily fee by a way of proposing it in a Commission financing decision 8, in agreement with the Director General for Budget and the Director General for Human Resources. 4. CORE TEAM EXPERTS The same roster is used for selecting the volunteer election observers (see point 5.) who participate in EOMs and for the selection by the Commission of the core team (CT) experts according to the procedure described below. It is necessary to clarify the nature of the fees paid 9 and the relationship between the core team experts and the Commission. Those experts, selected on the basis of a specific profile determined in the call for applications and disposing of the necessary experience are responsible for assisting the EU EOM, and the chief observer in particular, with some of the key tasks in the mission (e.g. legal, electoral, media analysis etc.). Unlike the deputy chief observers, these functions do not involve the exercise of public authority or political discretion but rather involve ancillary and technical assistance tasks. It seems appropriate therefore to base the arrangements for core team experts on the scheme of Commission remunerated experts foreseen by Article 204 of the Financial Regulation No 966/2012 and its Rules of Application (Article 287). 10 It is opportune for the Commission to provide this assistance to EOMs by such experts using the existing database (the EOM roster). This database will be treated for selection purposes as the list of experts under the Article 204 of the Financial Regulation. It will be possible for any interested EU citizen to register in the roster 11, constituting the submission of an application to be considered as a candidate for a CT expert, and to reply to any call for expressions of interest for EOM missions published on the EOM website. Such experts will not be considered as "employees" of the Commission or of the particular EOM mission, but selected for providing specific expertise for the limited period of EOM implementation. The selection of CT members will follow a specific procedure for the selection of remunerated external experts compliant with Article 204 FR and Article 287 RAP. Following a call for expression of interest published on the EU EOM website, a selection committee will be appointed by Director and Head of Service FPI and composed of Commission and EEAS staff. All the committee members shall sign a declaration of 8 9 10 11 Commission Financing decision on the EU EOM Annual Action Programme. Originally intended by Decision (2004)206 to be a fee based on an expert/consultant service contract after a tender procedure Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 2298, 26.10.2012, p.1), and Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of the Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362; 31.12.2012, p.1) And also Switzerland, Norway and Canada, with whom there are working arrangements on the participation of their nationals in the EU EOMs. 5

impartiality and confidentiality. The Committee shall proceed to the selection with a view to achieving the optimal team composition, while taking into account the general selection criteria defined in the Council Decision 8728/99 12, and the specific criteria for every mission defined by the Commission and communicated to the candidates in the call for expression of interest (such as previous experience or training in election observation, proficiency in the language of the mission, knowledge of the country or the region, management experience). The committee shall make every effort to respect the balance of gender, nationality and professional background among the CT experts. Core Team experts will be remunerated on the basis of a fixed amount of EUR 350 per day. They will also receive per diems to cover accommodation, meals and ancillary expenses incurred during the mission in accordance with the maximum rates applied for the EC-funded external aid contracts and published on the DG Development and Cooperation, EuropeAid website 13 and they will be provided with accident insurance for the duration of a mission. Where necessary, deputy CT experts may be designated in accordance with the same procedure with the same conditions as for CT experts, with the exception of the daily fee. The HR /VP may adjust the daily fee by a way of proposing them in a Commission financing decision on the EU EOM Annual Action Programme. This will be made in agreement with the Director General for Budget and the Director General for Human Resources. 5. ELECTION OBSERVERS In line with the intentions of Council and Commission decisions 14, election observers are volunteers. The practice has grown up whereby a pool of national experts with appropriate professional background, expertise and experience to volunteer as election observers are pre-selected by a national focal point in each member state usually, but not always, located in the foreign ministry. The pool of names of possible volunteers is maintained in the EOM roster by the Commission and for each EOM, a call for expressions of interest for volunteers is sent to the national focal points, who put forward their list of candidates for final selection by the Commission. The selection procedure and the composition of the selection committee shall follow the same rules as established in point 4 for the selection of Core Team experts. Observers are of two types: Long-Term and Short-Term Observers (LTOs and STOs) and their number varies depending on the size of the country and on how extensive the observation operations are. LTOs stay approximately two months in the country, while STOs stay one to two weeks. As long as security and logistical conditions allow, observers are deployed all over the partner country to observe and assess, but not intervene in, the electoral process. In order to underline the volunteer status of the election observers, it is necessary to clarify certain aspects relating to the payments made to election observers. Conditions for the reimbursement of mission expenses, such as accommodation, meals and other out-ofpocket costs should be established for both LTOs and STOs and will be based on a daily 12 13 14 Council Decision 8728/99 PESC 165 COHOM 4, 28.5.1999 http://ec.europa.eu/europeaid/work/procedures/implementation/per_diems/index_en.htm Council Decisions 9262/98 and 8728/98, Commission Communication (2000)191, Decision (2004)206 6

lump sum (forfait) of EUR 280 for the LTOs and EUR 240 for the STOs. In dulyjustified cases, the FPI Director may increase this amount in order to take account of the economic and security situation of a given partner country. The tasks of the national focal points related to the pre-selection of observers make indispensable their knowledge of the challenges faced by the LTOs/STOs during the missions in the partner countries. Therefore the EC will undertake every effort to ensure that the focal points are familiarised with the situation of the EU EOM on the ground. 6. FINAL PROVISIONS The administrative measures outlined in this decision should be put in place progressively at the latest by end of 2014. On the basis of a request from the HR / VP, the Commission could evaluate the progress of these measures in the context of the midterm review of the EIDHR in connection with the part of the review concerning EOMs. 7

ATTACHMENT 1 Arrangements relative to the mission of Chief Observer For the reimbursement of mission expenses of Members of the European Parliament (MEPs) acting as Chief Observers, the Commission applies rules which are in substance equivalent to the Implementing Measures for the Statute of MEPs 15.The main provision which is relevant for Chief Observers is Section 2: Reimbursement of subsistence expenses, Article 24: Subsistence allowance, Paragraph 2 (official activity outside the territory of the EU), which is as follows: 3. If the official activity takes place outside the territory of the Community, a Member shall receive: (a) a lump-sum allowance equal to half the amount provided for in paragraph 2 for the period between the departure time of the last convenient flight before the beginning of the meeting and the arrival time of the first convenient flight after the meeting, or between the departure time and the arrival time of any special aircraft chartered by Parliament, as appropriate. Periods of more than 12 hours shall count as a full day. Periods of more than six, but fewer than 12, hours shall count as a half day; (b) on presentation of the original bill, reimbursement of reasonable accommodation expenses incurred at the meeting venue; (ba) on presentation of supporting documents, reimbursement of visa costs and related expenses; (c) in duly substantiated exceptional circumstances, reimbursement of reasonable subsistence expenses incurred during the journey itself. For the effective functioning of the mission and for reasons of security, the Commission will provide the MEP acting as Chief Observer: the travel services between the EU and the country where the activity of the EU election observation mission shall take place as well as travel within the country where the activity takes place; the accommodation organised in the country where the activity of the EU election observation mission shall take place. The subsistence allowance is currently EUR 152 per day. The Commission shall pay only those costs which are necessary for the conduct of the mission. In cases where the CO carries out an assignment for the exclusive purpose of an EOM within the territory of an EU Member State the subsistence allowance will amount to EUR 304. Travel expenses will be paid directly by the Service Provider. The CO will not be entitled to such a subsistence allowance from the Commission if it is already paid by the Parliament in relation to his/her parliamentarian mandate. The calculation of the per 15 EP Bureau Decision of 19 May And 9 July 2008 [as amended] 8

diem will be done by FPI s financial services in consultation with those of the European Parliament. Any dispute about the application of the rules shall be settled by joint agreement between the President of the European Parliament and the High Representative for Foreign Policy and Security and Vice-President of the Commission, or their designated representatives. Important remarks about the practical arrangements of the mission of the CO: The Foreign Policy Instrument Service (FPI) of the European Commission is responsible for issues related to logistic aspects of the mission of the Chief Observer (CO). The implementation period of the Chief Observer mission is set at 40 days, distributed over a number of different periods (usually 4-5), including briefing and de-briefing, which is normally held in Brussels. The Chief Observer must inform the Election Services in EEAS and FPI in advance of all travels to the country (dates, duration) in her/his capacity as Chief Observer. At a minimum, this will include visits to the country at the start of the mission, over the election-day period and to deliver the final report. Final arrangements for dates and duration of any travel must have the agreement of the Commission. Worked days eligible for the daily remuneration include travel days (normal itinerary from Brussels to the EOM country), worked days during EOM missions both in the country and for briefing and debriefing at EEAS/Commission headquarters. The support to Chief Observers entails logistic and security support provided by an external Service Provider (SP) selected by the European Commission for the purposes of each mission. The selected Service Provider is responsible for providing support to the Chief observer in arranging flights, accommodation, local transport, translation, interpretation, telecommunication, insurance, security upgrades and representation costs. The overall responsibility for the payment of the subsistence allowance to Chief Observers lies exclusively with the Service for Foreign Policy Instruments (FPI) of the European Commission. The payment of subsistence allowance will be implemented by the Service Provider, subject to confirmation by the European Commission. For this purpose, the Chief Observer will provide to the Service Provider: a) the number of days worked b) flight details with departure and arrival dates (electronic ticket) The Chief Observer is entitled to a cash advance on subsistence allowance calculated on the basis of 50% of the days to be worked according to the mission time frame. FPI will provide the CO with a comprehensive insurance for the duration of the mission. The insurance is valid only for the worked days of the mission. 9

ATTACHMENT 2 Rules on remuneration and/or subsistence allowance/per diem/dsa/forfait for the Chief Observer, Deputy Chief Observer, Core Team experts and observers: Mission member Remuneration (before taxation) Subsistence allowance/per diem/dsa/forfait Chief Observer N/A only fixed subsistence allowance of 152 per day Deputy Chief Observer 550 applicable EC DSA Core Team expert 350 applicable Per diem (EuropeAid 16 ) Deputy Core Team expert 270 applicable Per diem (EuropeAid) Long Term Observer N/A fixed daily lump sum (forfait) of 280 Short Term Observer N/A fixed daily lump sum (forfait) of 240 1) In case full board accommodation is provided by the EU EOM, the subsistence allowance/per diem/dsa/forfait will be reduced to 30% of the maximum daily rate. 2) If only meals are provided, the Per diem/dsa/forfait will be reduced to 80 % of the maximum daily rate. 3) If accommodation is provided for increased security measures, costs related to such accommodation will be directly covered by the Service Provider, and subsistence allowance/per diem/dsa/forfait received will be reduced to 65% of the maximum daily rate. 16 http://ec.europa.eu/europeaid/work/procedures/implementation/per_diems/index_en.htm 10

ATTACHMENT 3 Budgetary impact statement The decision does not have an important budgetary impact as the basic format of the mission remains the same as under previous arrangements. Typical mission comparison of fees On average, a typical Election Observation Mission is composed of 1 Chief Observer (MEP), 7 Core Team experts, 30 Long Term Observers (LTO) and 40 Short Term Observers (STOs). The exact number of experts and observers deployed depends on the size of the partner country and the desired intensity and extent of the observation. A typical mission will operate for 2 months in-country but the length of stay of the different members of the mission varies, as indicated below. BEFORE Position Number of days (average) Fee Total Comment Chief Observer 13 350 4550 + applicable EC DSA Deputy Chief Observer 60 350 21000 + applicable Per diem Core Team expert 55 280 15400 + applicable Per diem Deputy Core Team expert 55 240 13200 + applicable Per diem LTO 30 66 1980 + applicable Per diem STO 10 N/A 0 only applicable Per diem TOTAL 56 130 plus applicable DSA/Per diem AFTER Position Number of days (average) Fee Total Comment Chief Observer 13 N/A 0 only fixed subsistence allowance of 152 per day Deputy Chief Observer 60 550 33000 + applicable EC DSA (DCO is now Commission Special Adviser) Core Team expert 55 350 19250 + applicable EuropeAid Per diem Deputy Core Team expert* 15 270 4050 + applicable EuropeAid Per diem LTO 30 N/A 0 only fixed daily lump sum (forfait) of 280 only fixed daily lump sum (forfait) of 240 STO 10 N/A 0 TOTAL 56 300 plus applicable subsistance allowance /Per diem/dsa/forfait The main changes proposed are twofold: the European Commission no longer pays a fee to the Chief Observer (previously recruited as Special Adviser), as requested by the European Parliament. Also, the European Commission no longer pays a fee to LTOs. These changes clarify the nature of the legal relationship with the Commission. The costs linked to the DCO function will be covered by the Heading IV of the Staff Regulations. * In view of the ongoing efforts to contain the costs of the missions, Deputy Core Team experts will only be deployed when essential (on the basis of recent experience, in about 30% of missions) and for fewer days than Core Team experts, given the latters increased responsibilities and remuneration. 11