Administrative Guidelines Applicable to Visiting Scientists visiting the Joint Research Centre

Administrative Guidelines Applicable to Visiting Scientists visiting the Joint Research Centre

THE DIRECTOR GENERAL OF THE JOINT RESEARCH CENTRE

Having regard to Commission Decision 85/S93/Euratom of 20 November 1985 on the reorganization of the Joint Research Centre (JRC), as amended 93/95/Euratom, and in particular Article 3(2) thereof,

Whereas a new administrative structure has been adopted,

Whereas it is advisable to establish a set of rules applicable to visiting scientists,

Whereas the Board of Governors of the JRC has encouraged the adoption of such rules,

Whereas the monthly flat-rate allowances paid to visiting scientists should be readjusted,

Whereas the administrative guidelines of 18 January 1998 applicable to visiting scientists were amended on 14 July 1988

Whereas these guidelines should therefore be amended and consolidated in a new version,

Whereas these guidelines should therefore be amended and consolidated in a new version,

HAS DECIDED AS FOLLOWS:

Article 1

The following may be admitted to the JRC as "visiting scientists":

(a) university professors or professors of an establishment of higher education in science, in particular those wishing to enjoy a sabbatical year;

(b) high-level scientific staff of other research organizations with a proven reputation in the field of research;

(c) any other high-level scientist whose knowledge may be used to advantage by the JRC within the framework of the scientific work assigned to it.

Subject to a favourable opinion by the Medical Officer of the Commission, the Director of the host institute shall authorize, on a proposal from the competent person responsible for the unit or project, the admission of a visiting scientist. He shall inform the Director-General thereof.
The visiting scientist shall be informed that he is to be admitted to the host institute and shall be rent a copy of these guidelines; he shall confirm his acceptance of them in writing.
The purpose of the visit is to provide an opportunity for an extensive exchange of knowledge between the visitor and the JRC host institute. The subject of the visitor’s activities shall be laid down in advance by the Director of the institute in agreement with tire person concerned.
The duration of the visit shall depend on the time required to accomplish the specific objectives. It may not exceed twelve (12) months. By reasoned decision of the Director of the host institute, after consulting the Director-General of the JRC, the duration may be extended, once only, for a further period of twelve (12) months at the most. However, the number of visiting scientists the duration of whose visits has been extended may not, in any calendar year, exceed 20% of the number of visiting scientists admitted to the JRC for the first lime, during the previous calendar year.

Article 2

Visiting scientists shall receive a monthly flat-rate allowance of ECU 5 500. The payments shall be made as follows:the first payment following notification by the host institute of the actual date of commencement of the visit; other payments, monthly and in arrears.
Where the visiting scientist exercises his normal activities in the country in which the host institute is located, the amount of the allowance shall be reduced by 25%.
On a proposal from the Director of the host institute, the Director-General of the JRC may exceptionally authorize an increase of 25% in the amount of the allowance for reasons concerning the revel of competence and experience of the visiting scientist.
The flat-rate allowance shall be limited so that the amount, when added to that of the income, before deduction of tax, which the person concerned receives from his original organization for the duration of the visit, does not exceed 160% of the amount specified in paragraph 1. To this end, the income received in a national currency shall be calculated on the basis of the ECU rate for the month preceding that in which the visit begins.
Application of the above paragraph shall not have the effect of reducing the allowance laid down in paragraph 1 by more than 60%.
The amount of the allowance referred to in paragraph 1 may periodically be adjusted by decision of the Director-General of the JRC in agreement with the Financial Controller.
The allowance provided for in paragraph t may not under any circumstances be granted retroactively.

Article 3

At the time of admission, a visiting scientist shall be entitled to reimbursement once only of his return travel expenses and the expenses for the transport of his luggage in accordance with the conditions laid down in paragraphs 2 and 4 respectively.

A visiting scientist shall be entitled to reimbursement of travel expenses only if the distance to be travelled between his place of residence arid the place of admission exceeds 500 km.

The basis for the calculation of reimbursement, on production of the relevant ticket. shall be:

travel by the most appropriate means of transport;

the fare in the class immediately below first class for travel by air or ship;

first-class fare for travel by rail.

where a means of transport other than those mentioned above is used, calculation of reimbursement shall be based on the first-class rail fare.

Where the duration of the visit exceeds six (6) months, the reimbursement of travel expenses may be extended to the spouse and dependents of the visiting scientist.
A visiting scientist shall be entitled to reimbursement of expenses for the transport of the luggage he requires. Reimbursement shall be made on production of the supporting documents and shall be limited to a maxim um of ECU 1 000.

Article 4

A visiting scientist may exceptionally be sent on a mission. In such a case, he shall be entitled to reimbursement of travel expenses and to a mission allowance in accordance with the provisions of the Staff Regulations applicable to officials and other servants of the European Communities in one of the grades A8 to A4.

Article 5

Visiting scientists are entitled to leave of two working days for each month of the visit. This does not affect their entitlement to an allowance.

Article 6

Visiting scientists shall provide proof of membership of a sickness and accident insurance scheme.
A visiting scientist who proves that he cannot be covered by a sickness and accident insurance scheme may exceptionally ask for these risks to be covered by the Commission. In this case, the amount of the insurance premium shall be deducted each month from the allowance provided

Article 7

Visiting scientists are required to undergo any usual medical examination for which they may be called during the duration of the visit.
The costs of such medical check ups shall be paid by the Commission.
Visiting scientists are required to comply with the administrative and safety regulations in force at the host institute.

Article 8

Any inventions, whether or nor patentable, developed by a visiting scientist in conjunction with the purpose of his visit shall be the property of the visiting scientist and of the Community.
Property rights in respect of previous knowledge shall not be affected by these guidelines.
Without prejudice to the rights of third parties, a visiting scientist and the Commission shall be entitled to exploit any inventions as referred to in paragraph 1 on terms to be agreed in a private-law contract.
Any knowledge acquired during the visit may be published or communicated to third parries with the prior agreement of the Director of the host institute and the visiting scientist.
In any publications or communications concerning the purpose of the visit, including any in connection with seminars or conferences, the Commission and the visiting scientist shall always be mentioned.

Article 9

Without prejudice to any legal rules applicable with regard to the protection of intellectual property rights, a visiting scientist and the Commission shall ensure the confidentiality of any facts, information, knowledge, documents or anything else communicated between them on a confidential basis during the visit.
The above may be published or communicated to third parties with the prior agreement of the Commission or the visiting scientist if it is he who considers the information to be confidential.

Article 10

Visiting scientists shall inform the Commission, prior to admission of any undertaking in respect of intellectual property which may be relied upon by a third party and which might seriously affect the purpose of the visit as described in Article 1(4).

Article 11

A visiting scientist shall be liable to the Commission for any failure to comply with obligations arising out of these guidelines. He may be required to make good any damage resulting from wilful and intentional negligence on his part.
A visiting scientist shall comply with any national tax laws applicable to him with regard to the allowance paid to him pursuant to Article 2.
A visiting scientist shall be required to submit to the Director of the host institute, within one month of the end of the visit, a report on the activity covered by the visit.

Article 12

The visit may be terminated by either party subject to thirty (30) days’ notice.

Article 13

A visiting scientist may apply to the Director-General of the JRC to ask him to take a decision in respect of him with regard to the application of these guidelines.

The Director-General of the JRC shall inform the visitor of his reasoned decision within a reasonable period of time not exceeding three (3) months from the date of submission of the application to the Director of the host institute.

The Court of Justice of the European Communities shall have sole jurisdiction in respect of any disputes arising between the visiting scientist and the Commission in respect of the said decision.

Article 14

These guidelines shall revoke and replace the guidelines adopted on 18 January 1988 and amended on 14 July 1988.

Article 15

These guidelines shall enter into force on 1 April 1993.

However, they shall not apply to visiting scientists already at the JRC on the above date as regards the amount of the monthly flat-rate allowance granted.

Brussels, 18 March 1993

The Director-General of the
Joint Research Centre

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