ACERAgency for the Cooperatiorof Ewrgy Regulators

DIRECTOR DECISION 2013-31

of 4 December 2013

on the amendment of the rules governing the traineeship programmeof the Agency for the Cooperation of Energy Regulators

HAVING REGARD to Regulation (EC) No 71 3/2009 of the European Parliament and of theCouncil of 1 3 July 2009 establishing the Agency for the Cooperation of Energy Regulators(hereinafter referred to as ‘the Agency’ ‘), and, in particular, Article 1 7(5) thereof;

HAVING REGARD to Regulation (EEC) No 3 1/1962, laying down the Staff Regulations ofOfficials and the Conditions of Employment of Other Servants of the European EconomicCommunity and the European Atomic Energy Community2;

HAVING REGARD to the Director Decision 2012-3 7 of 1 5 November 2012 on the rulesgoverning the traineeship programme of the Agency for the Cooperation of EnergyRegulators,

WHEREAS:

(1) Director Decision 2012-3 7 of 1 5 November 2012 introduced the rules governing thetraineeship programme of the Agency for the Cooperation of Energy Regulators.

(2) Regulation (EU) No 1 023/201 3 of the European Parliament and of the Council of 22October 201 3 introduced amendments to the Staff Regulations in particular withregard to Article 52, concerning the duration ofthe normal working week3.

(3) Furthermore, the Agency considers appropriate to provide the opportunity touniversity graduates to equally access the traineeship programme irrespectively oftheir financial status or geographical location of residence.

(4) Director Decision 2012-37 of 15 November 2012 should be amended and rephrasedaccordingly,

THE DIRECTOR HAS DECIDED THE FOLLOWING:

‘OJL21I, l4.82009,p. 1.20J45,l4.6.l962,p. 1385.3 oi L287, 29.102013, p. 15.

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ACERAg(.ncy for the (ocperaioof Enrgy Regltt’:s

Article 1

Article 5 is replaced by the following:

5.1 Basic grant

Trainees will be awarded a monthly grant. The amount of the grant is determinedeach year by the Appointing Authority and is dependent on budgetary constraints.The amount ofthe grant will be published on the Agency’s website.

5.2 Travel allowances

Trainees completing at least 3 months traineeship may receive a reimbursement oftheir travel expenses, subject to budget availability. Travel expenses are paid atthe end of the traineeship for travel from the place of residence to Ljubljana andvice versa. Travel allowances shall be calculated in accordance with Article 7 ofAnnex 7 of the Staff Regulations.

Trainees whose place of residence is less than 200km from Ljubljana are notentitled to a travel allowance.

5.3 Fiscal Arrangements

Grants awarded to trainees are not subject to the special tax regulations applyingto officials and other servants of the European Communities. Trainees are solelyresponsible for the payment of any taxes due on the Agency’ s grants by virtue ofthe laws in force in the State concerned. The HR section will provide a certificatefor tax purposes at the end of the traineeship period. This certificate should statethe amount of grant received and confirm that tax and social security paymentshave not been made.

Article 7. 1 , paragraph 1 is replaced by the following:

‘Trainees must comply with the working hours in force. Trainees shall be entitledto the same official public holidays as the Agency staff members.’

Article 7.2, paragraph 1 is replaced by the following:

‘In the event of illness, trainees must notify their advisor and the HR sectionimmediately and, if absent for longer than 3 days, must produce a medical certificateto be forwarded to the Medical Service. A trainee who is absent because of illness maybe subject to medical checks in the interest ofthe service.’

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ACERAzencv For the Cooperiorof Energy RegL1ltors

Article 7.3, is amended as follows:

In the second sentence, the following is introduced: ‘and the grant is suspended’.

Article 7.4, is replaced by the following:

7.4 Early Termination of contract

‘If a trainee wishes to terminate his/her traineeship earlier than the date specified in thecontract, a written request must be submitted by the trainee to the HR section forapproval. This request, stating the relevant reasons, must be submitted via his/heradviser and the training co-ordinator at least three weeks in advance of the requestednew termination date. Trainees may only terminate their contract on the 1 6th or the lastday of the month. Where appropriate, the equivalent part of the grant must bereimbursed to the Agency.’

Article 2

The rules governing the traineeship programme of the Agency for the Cooperation of EnergyRegulators, as consolidated in Annex I, shall be published on the Agency’s website.

Article 3

This Decision shall enter into force on 1 January 2014.

Done at Ljubljana on 4 December 2013.

C’

Alb&rt’o PototschnigDirector

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ACERAgency for the Ccoperationof Energy Regulators

ANNEX I

Rules governing the traineeship programmeof the Agency for the Cooperation of Energy Regulators

Article 1Type and duration of traineeship

The traineeship at the Agency is addressed to university graduates. There are two trainingperiods per year:

— from 1 February to 30 June;

— from 1 September to 3 1 January of the following year.

Within these two periods, the traineeship may last a minimum of three and a maximum of fivemonths. In duly justified cases, the traineeship might be extended for one month to amaximum period of six months.

Training contracts start on either the 1 St February or on the 1 st September. However, inexceptional and duly justified cases, after agreement with the recruiting Department, the dateof commencement may be deferred, as long as the minimum traineeship period is respected.In any case, contracts begin on the 1 st or the 1 6th of the month.

Traineeship periods may not be repeated. The number of traineeship places will be definedannually in accordance with the analyses of the needs and in light of the general availabilityofresources and budget.

Article 2Eligibility criteria

To be admitted to the graduate traineeship programme, applicants must:

. Be nationals of a Member State of the European Union;

. Have a very good knowledge of at least two Community languages, whereas onelanguage should be English (level C2 according to the Language levels of theCommon European Framework of Reference)4;

4Knowledge of languages declared on the application form, other than the mother tongue, should be supported by appropriate justification

(i.e. diplomas, certificates, proofofhaving studied in the language in question, etc.).

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. Have a level of education which corresponds to completed university studies attestedby a diploma, when the normal period of university education is three years or moreby the beginning of the traineeship5.

The traineeship programme is addressed mainly to young university graduates, withoutexcluding those who — in the framework of lifelong learning — have recently obtained auniversity degree and are at the beginning of a new professional career.

Applications will not be accepted from applicants who, for more than 6 weeks:

. Have already benefited or benefit from any kind of traineeship within any of theEuropean institutions or bodies listed in Annex A; or

. Have had or have any kind of employment within a European institution or body.

The Agency reserves the right to amend the eligibility criteria as and when necessary. Anysuch changes will be published on the website before the opening of the application period.

Article 3Application process

3.1 Submission of applications

Applications must be submitted in accordance with the rules and procedures published on theAgency’s website. To be considered complete, applications must include, as attachments,scanned copies giving evidence of all the information provided by the candidate in theapplication form i.e. studies, professional experience and linguistic knowledge.

Incomplete applications and those received after the closing date defined for each traineeshipperiod, as indicated on the Agency’ s website, will be automatically rejected.

3.2 Eligibility check and screening

Upon receipt of the submitted applications, the eligibility of the candidates will be examinedby a Selection Committee composed in line with the Director Decision 20 12-01 7 onguidelines on recruitment procedures and work of the selection committees. The SelectionCommittee will base their assessment on the eligibility and submission criteria as defined inArticles 2 and 3.1 ofthis Decision.

5ECTS points are not accepted as equivalent degree, proof of completion of the full university degree needs to be provided by the start date

of the traineeship.

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The Selection Committee will propose to the Director a list of eligible and suitable applicants,whose applications, and in particular, educational background, qualifications, competences,motivations and preferences best suit the identified needs. The work of the SelectionCommittee is confidential. There is no appeal procedure.

3.3 Final selection and decision of the Director

The aforementioned list is forwarded for approval to the Director. The Director will make thefinal selection of the trainees from the proposed list of suitable applicants taking into accountthe number oftraineeship places available.

Prior to the final selection decision applicants may be contacted over the phone to checkavailability, suitability, linguistic knowledge and to discuss reciprocal expectations.

3.4 Notification

All applicants can follow the status of the selection procedures for traineeships on theAgency’ s website, and will also be informed in writing on the outcome of the selectionprocedure.

The selected candidates will receive an offer from the Agency, together with all necessaryinformation concerning the traineeship, including any requirement to submit furtherdocuments6 to be provided prior to the start of the traineeship. If a candidate is unable tosupply the requested documents within the given deadline, the Agency can withdraw theoffer.

Applicants should note that Trainees at the Agency may not be eligible for a secondtraineeship in other European institutions.

Non-successful applicants may reapply for a subsequent training period. However, applicantsmust submit a new application, together with all requested documents.

3.5 Withdrawal

At any stage of the application process, applicants may withdraw their application byinforming the Agency’ s HR section in writing. In such a case, they are excluded from anyfurther stage of the process. They may reapply for a subsequent training period by submittinga new application, together with all supporting documents.

6Including a declaration indicating that the applicant will be covered by sickness insurance scheme during the duration ofthe traineeship

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Article 4Rights and duties

4.1 General obligations for trainees

Trainees must comply with the following general obligations:

. Trainees are requested to comply with the instructions given to them by their advisoror their superior in the department to which they are assigned, and with the existentadministrative guidelines of the Agency, including the rules concerning confidentialityand security. They must comply with the internal rules applicable to trainees providedat the moment of the signature of the contract;

. Trainees must respect the working hours and contribute to the work of the departmentto which they are assigned;

. Trainees are allowed to attend meetings on subjects of interest to their work andreceive documentation and participate in the work of the department to which they areassigned at the level corresponding to their educational and professional background;

. Trainees must maintain the confidentiality of data, facts and information that come totheir knowledge during the course of their traineeship. They must not disclose to anyunauthorised person any document or information not already made public. Traineesare bound by this obligation also after the end of their traineeship. The Directorreserves his/her rights to terminate the traineeship and to take action against anyperson who does not respect this obligation;

. Trainees must consult and inform their advisors, section manager or Head ofDepartment, or if unavailable, the HR section on any action they propose to take ontheir own initiative relating to the Agency’ s activities;

. Trainees must not have any professional connection with third parties which might beincompatible with their traineeship and they are not permitted to exercise any othergainful employment during the period of traineeship which may adversely affect thework assigned during the traineeship;

. Trainees must inform the traineeship advisor of any change in their professionalconnection with third parties that might give rise to a potential conflict of interest;

. Upon engagement, trainees will be requested to sign appropriate documentation onconfidentiality obligations, documentation on the code of good administrative practiceand a declaration of the absence of any conflict of interest;

S For the purpose of issuing a traineeship certificate, trainees must — at the end of theirtraineeship — submit to their advisor(s) a report on their activities performed during thetraining period.

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4.2 The role and duties of the traineeship advisor

A traineeship advisor will be appointed for each trainee, and the trainee will be under his/hersupervision and responsibility. The trainee advisor will:

. Develop and submit to the HR section ofthe Agency a specific training plan;

. Instruct the trainee and advise himlher on the performance of the work allocated;

. Ensure that the trainee is involved in the everyday work of the Agency as far aspossible;

. Supervise the trainee’s work throughout the traineeship;

. Help the trainee with any technical/administrative matter;

. Write and submit an evaluation of the traineeship, at the latest 2 weeks after the end ofthe traineeship;

. Inform the HR section of any significant event occurring during the traineeship (inparticular professional incompetence, absences, illnesses, accidents, inappropriatebehaviour, interruption of traineeship, etc.).

4.3 Training certificate

At the end of the traineeship, trainees will receive a certificate specifying the duration of theirtraineeship, the department to which they were assigned and the tasks that were performed.

4.4 Status

Admission to a traineeship does not confer on trainees the status of temporary agents or otherservants of the European Communities nor does it entail any right or priority with regard tofuture engagement in the Agency. Trainees cannot benefit from any privileges and immunitiesgranted by the host country to temporary or contract agents of the Agency.

Article 5Financial matters

5.1 Basic grant

Trainees will be awarded a monthly grant. The amount of the grant is decided by theAppointing Authority on yearly basis and is dependent on budgetary constraints. The amountof the basic grant will be published annually on the Agency’ s website.

5.2 Travel allowances

Trainees completing at least 3 months traineeship may receive a reimbursement of their travelexpenses, subject to budget availability. Travel expenses are paid at the end of the traineeship

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for the travel from the place of residence to Ljubljana and back. Travel allowances shall becalculated in accordance with Article 7 of Annex 7 of the Staff Regulations.

Trainees whose place of recruitment is less than 200km from Ljubljana are not entitled to atravel allowance.

5.3 Fiscal Arrangements

Grants awarded to trainees are not subject to the special tax regulations applying to officialsand other servants of the European Communities. Trainees are solely responsible for thepayment of any taxes due on the Agency’ s grants by virtue of the laws in force in the Stateconcerned. The HR section will provide a certificate for tax purposes at the end of thetraineeship period. This certificate should state the amount of grant received and confirm thattax and social security payments have not been made.

Article 6Insurance

From the day on which the traineeship begins, trainees shall be covered by the Agency againstthe risk of accident at work. Within the first three days of entry into service trainees mustprovide proof that they are covered by a sickness insurance scheme for the entire duration oftheir stay at the Agency. If a trainee fails to provide proof of the insurance the traineeshipmust be terminated.

Article 7Working hours, leave and absences

7.1 Working hours and leave

Trainees must comply with the working hours in force. Trainees shall be entitled to the sameofficial public holidays as the Agency staff members.’

Trainees are entitled to 2 days of leave per month. This entitlement is acquired pro rata to themonths worked, counted from the first day of the month. Leave requests must be approved bythe traineeship advisor.

7.2 Absence

In the event of illness, trainees must notify their advisor and the HR section immediately and,if absent for longer than 3 days, must produce a medical certificate to be forwarded to theMedical Service. A trainee who is absent because of illness may be subject to medical checksin the interest of the service.

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ot Ewrgy Regulatcrs

When trainees are absent without justification or without notifying the advisor or the HRsection, they must provide as soon as possible written justification for the unauthorisedabsence. The Director may decide, following the evaluation of the justification given, or if nojustification is given by a given deadline, to terminate the traineeship immediately.

7.3 Interruption

Under exceptional circumstances and subject to a written request from the trainee setting outthe relevant reasons and with proper justification, and after prior consultation of the HRsection, the Head of Department may authorise an interruption of the traineeship for a specificperiod. The trainee is not entitled to reimbursement of any travel expenses incurred duringthat period and the grant is suspended. The trainee may return to complete the remaining partof the training, but only up to the date specified in the contract.

7.4 Early termination of the contract

If a trainee wishes to terminate his/her traineeship earlier than the date specified in thecontract, a written request must be submitted by the trainee to the HR section for approval.This request, stating the relevant reasons, must be submitted via his/her adviser and thetraining co-ordinator at least three weeks in advance of the requested new termination date.Trainees may only terminate their contract on the 1 or the last day of the month. Whereappropriate, the equivalent part of the grant must be reimbursed to the Agency.

7.5 Missions and visits

In exceptional cases only and following a duly substantiated request from the competentDepartment, the Director may grant authorisation for trainees to be sent on mission, on thecondition that the mission is of a technical and not representative nature. For thereimbursement of the mission expenses, the general arrangements on missions for the Agencystaff members apply.

Article 8Sanctions and disciplinary measures

Trainees must perform their duties and act with integrity and courtesy, and must follow theapplicable provisions of the Code of good administrative behaviour for the Agency staffmembers. If the behaviour of a trainee does not prove satisfactory, in response to a reasonablerequest from the advisor and after having heard the trainee, the Director may decide toterminate the traineeship at any time. In particular, on the basis of a justified request from theadvisor, the Director reserves the right to terminate the traineeship:

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1 . If the level of the trainee’s professional performance or his/her knowledge of theworking language turns out to be insufficient for the performance of his/her duties;

2. If the trainee knowingly made wrong statements or submitted false documentations atthe time ofthe application or during the traineeship period;

3. If there is a change in trainee’s professional connection with third parties that mightgive rise to a potential conflict of interest.

Article 9Protection of personal data

Applications and supporting documents will not be returned to the applicant, but will be kepton file by the Agency.

The Agency will ensure on its part that applicants personal data are processed as required byRegulation (EC) No 45/2001 of the European Parliament and of the Council of 1 8 December2000 on the protection of individuals with regard to the processing of personal data by theCommunity institutions and bodies and on the free movement of such data (Official Journal ofthe European Union L 8 of 12 January 2001). This applies in particular to the confidentialityand security of such data.

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Annex A

European Institutions and Bodies

EU Institutions:

. European Council

. European Parliament

. Council of the European Union

. European Commission

. Court of Justice of the European Union

. European Court of Auditors

. European Ombudsman

. European Data Protection Supervisor

Financial bodies:

. European Investment Bank

. European Investment Fund

. European Central Bank

Advisory bodies:

. European Economic and Social Committee

. Committee of the Regions

Interinstitutional bodies:

. European External Action service

. Publications Office of the European Union

. European Personnel Selection Office

. European Administrative School

EU Agencies:

. Community Agencies

. Agencies in the field of common foreign policy

. Agencies in the field ofpolice andjudicial cooperation in criminal matters

. Executive agencies

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