21.11.2014

EN

Official Journal of the European Union

L 334/1

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COUNCIL DECISION 2014/821/CFSP

of 4 November 2014

concerning the signing and conclusion of the Agreement between the European Union and Ukraine on the status of the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)	On 22 July 2014, the Council adopted Decision 2014/486/CFSP (1).

(2)	On the same day, the Council adopted the Decision authorising the opening of negotiations with Ukraine in order to conclude an Agreement between the European Union and Ukraine on the status of the European Union Common Security and Defence Policy (CSDP) mission in Ukraine.

(3)	An agreement on the status of European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (‘the Agreement’) has been negotiated between the Union and Ukraine.

(4)	The Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Union and Ukraine on the status of the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) is hereby approved on behalf of the Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.

Article 3

This Decision shall enter into force on the date of its adoption.

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(1)  Council Decision 2014/486/CFSP of 22 July 2014 on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (OJ L 217, 23.7.2014, p. 42).

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21.11.2014

EN

Official Journal of the European Union

L 334/3

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AGREEMENT

between the European Union and Ukraine on the status of the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine)

THE EUROPEAN UNION, hereinafter referred to as‘European Union’ or ‘the EU’,

of the one part, and

UKRAINE, hereinafter referred to as ‘Ukraine’ or ‘the Host State’,

of the other part,

Together hereinafter referred to as ‘the Parties’,

TAKING INTO ACCOUNT:

—	the letter dated 11 July 2014 from the Minister of Foreign Affairs of Ukraine to the High Representative of the European Union for Foreign Affairs and Security Policy,

—	Council Decision 2014/486/CFSP of 22 July 2014 on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine),

—	that this Agreement will not affect the Parties' rights and obligations under international agreements and other instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,

HAVE AGREED AS FOLLOWS:

Article 1

Scope and definitions

1.   This Agreement shall apply to the European Union Advisory Mission in Ukraine (EUAM Ukraine) and its personnel.

2.   This Agreement shall apply only within the territory of Ukraine.

3.   For the purposes of this Agreement:

(a)

‘EUAM Ukraine’ or ‘the Mission’ shall mean the EU Advisory Mission for Civilian Security Sector Reform Ukraine established by the Council of the European Union in Decision 2014/486/CFSP, including its components, units, headquarters and personnel deployed in the territory of the Host State and assigned to EUAM Ukraine;

(b)	‘Head of Mission’ shall mean the Head of Mission of EUAM Ukraine, appointed by the Council of the European Union;

(c)	‘European Union (EU)’ shall mean the permanent bodies of the EU and their staff;

(d)

‘EUAM Ukraine personnel’ shall mean the Head of Mission, personnel of the Mission seconded by EU Member States, the European External Action Service (EEAS) and EU institutions and non-EU States invited by the EU to participate in EUAM Ukraine, international staff recruited on a contractual basis by EUAM Ukraine deployed for the preparation, support and implementation of the Mission, and personnel on mission for a Sending State, an EU institution or EEAS in the framework of the Mission. It shall not include commercial contractors or personnel employed locally;

(e)	‘Headquarters’ shall mean the EUAM Ukraine main headquarters in Kyiv;

(f)	‘Sending State’ shall mean any EU Member State or non-EU State that has seconded personnel to the Mission;

(g)	‘Facilities’ shall mean all buildings, premises, installations and land required for the conduct of the activities of the Mission, as well as for the accommodation of the Mission's personnel;

(h)	‘Personnel employed locally’ shall mean personnel who are nationals of, or permanently resident in, Ukraine;

(i)	‘Official correspondence’ shall mean all correspondence relating to EUAM Ukraine and its functions;

(j)	‘EUAM Ukraine means of transport’ shall mean all vehicles and other means of transport owned, hired or chartered by EUAM Ukraine;

(k)	‘EUAM Ukraine assets’ shall mean equipment, including means of transport, and consumer goods necessary for EUAM Ukraine activities.

Article 2

General provisions

1.   EUAM Ukraine and EUAM Ukraine personnel shall respect the laws and regulations of the Host State and shall refrain from any action or activity incompatible with the objectives of EUAM Ukraine.

2.   EUAM Ukraine shall be autonomous with regard to the execution of its functions under this Agreement. The Host State shall respect the unitary and international nature of EUAM Ukraine.

3.   The Head of Mission shall regularly inform the Government of the Host State of the number of EUAM Ukraine personnel stationed within the Host State's territory.

Article 3

Identification

1.   The list of EUAM Ukraine personnel, including their dates of arrival and departure, shall be provided to the Ministry of Foreign Affairs of Ukraine (MFA of Ukraine) for the duration of the Mission and updated when necessary. EUAM Ukraine personnel shall be provided with identification cards issued by the MFA of Ukraine and which confirm the status of EUAM Ukraine personnel.

2.   EUAM Ukraine means of transport may bear distinctive EUAM Ukraine identification markings, a specimen of which shall be provided to the relevant authorities of the Host State, and license plates provided for diplomatic missions in Ukraine.

3.   EUAM Ukraine shall have the right to display the flag of the EU at its Headquarters and elsewhere, alone or together with the flag of the Host State, as decided by the Head of Mission. National flags or insignia of the constituent national contingents of EUAM Ukraine may be displayed on Mission's facilities, EUAM Ukraine means of transport and uniforms, as decided by the Head of Mission.

Article 4

Border crossing and movement within Ukraine's territory

1.   EUAM Ukraine personnel, EUAM Ukraine assets and EUAM Ukraine means of transport shall cross the border of the Host State at official border crossings, sea ports and via the international air corridors.

2.   The Host State shall facilitate the entry into and the exit from the territory of the Host State for EUAM Ukraine personnel and EUAM Ukraine assets and EUAM Ukraine means of transport. EUAM personnel shall cross the state border of Ukraine with valid passport. On entry into and departure from the territory of the Host State, EUAM Ukraine personnel holding a Mission's identification card or a provisional proof of participation in the EUAM Ukraine shall be exempt from customs controls, visa and immigration requirements, and other forms of immigration control within the territory of the Host State.

3.   EUAM Ukraine personnel shall be exempt from the regulations of the Host State governing the registration and control of aliens, but shall not acquire any right to permanent residence or domicile within the Host State's territory.

4.   EUAM Ukraine shall import assets into the customs territory of the Host State or export assets from the customs territory of Ukraine, including transport facilities provided for official use in Ukraine, with exemption from customs inspection. Such goods, including vehicles, shall be declared in accordance with the customs legislation of the Host State applicable to diplomatic missions.

5.   EUAM Ukraine personnel may drive vehicles, navigate vessels and operate aircrafts and any other means of transport within the territory of the Host State provided they have valid national or international driving licences, ship masters certificates or pilot licences, as appropriate. The Host State shall accept as valid, without tax or fee, driving licences or permits carried by EUAM Ukraine personnel.

6.   EUAM Ukraine and EUAM Ukraine personnel together with their vehicles and any other means of transport, equipment and supplies shall enjoy free and unrestricted movement throughout the territory of the Host State, including its territorial sea and airspace in respect of the legislation of Ukraine.

If necessary, supplementary arrangements may be concluded in accordance with Article 18.

7.   For the purpose of travel on official duties, EUAM Ukraine personnel and personnel employed locally shall be entitled to use public roads, bridges, ferries, airports and ports without the payment of duties, fees, tolls, taxes or other charges. EUAM Ukraine shall not be exempt from reasonable charges for services requested and received under the conditions that apply to those provided to the Host State's nationals.

Article 5

Privileges and immunities of EUAM Ukraine granted by the Host State

1.   Facilities shall be inviolable. The Host State's agents shall not enter them without the consent of the Head of Mission.

2.   Facilities, their furnishings and other assets therein as well as their means of transport shall be immune from search, requisition, attachment or execution.

3.   EUAM Ukraine, its property and EUAM Ukraine assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal processes.

4.   EUAM Ukraine's archives and documents shall be inviolable at any time, wherever they may be.

5.   Official correspondence shall be inviolable.

6.   EUAM Ukraine shall be exempt from all national, regional and communal dues, taxes and charges of a similar nature in respect of purchased and imported goods, services provided and facilities used by EUAM Ukraine for the purposes of EUAM Ukraine. EUAM Ukraine shall not be exempt from dues, taxes or charges that represent payment for services rendered.

7.   The Host State shall permit the entry of items required for the purpose of EUAM Ukraine and shall grant those items exemption from all customs duties, fees, tolls, taxes and similar charges other than charges for storage, transport and other services rendered.

Article 6

Privileges and immunities of EUAM Ukraine personnel granted by the Host State

1.   EUAM Ukraine personnel shall not be subject to any form of arrest or detention.

2.   Papers, correspondence and assets of EUAM Ukraine personnel shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 6.

3.   EUAM Ukraine personnel shall enjoy immunity from the criminal jurisdiction of the Host State under all circumstances. Privileges granted to EUAM personnel and immunity from the criminal jurisdiction of Ukraine do not exempt them from the jurisdiction of the Sending State or the EU institutions. The immunity of EUAM Ukraine personnel from the criminal jurisdiction of the Host State may be waived by the Sending State or EU institution concerned, as the case may be. Such a waiver must always be an express waiver.

4.   EUAM Ukraine personnel shall enjoy immunity from the civil and administrative jurisdiction of the Host State in respect of words spoken or written and all acts performed by them in the exercise of their official functions. If any civil proceeding is instituted against EUAM Ukraine personnel before any Host State court, the Head of Mission and the competent authority of the Sending State or EU institution shall be notified immediately. Prior to the initiation of the proceeding before the court, the Head of Mission and the competent authority of the Sending State or EU institution shall certify to the court whether the act in question was performed by EUAM Ukraine personnel in the exercise of their official functions. If the act was performed in the exercise of official functions, the proceeding shall not be initiated and the provisions of Article 16 shall apply. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Head of Mission and the competent authority of the Sending State or EU institution shall be binding upon the jurisdiction of the Host State which may not contest it. The initiation of proceedings by EUAM Ukraine personnel shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.

5.   EUAM Ukraine personnel shall not be obliged to give evidence as witnesses.

6.   No measures of execution may be taken in respect of EUAM Ukraine personnel, except in the case where a civil proceeding not related to their official functions is instituted against them. Property of EUAM Ukraine personnel, which is certified by the Head of Mission to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgement, decision or order. In civil proceedings, EUAM Ukraine personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.

7.   The immunity of EUAM Ukraine personnel from the jurisdiction of the Host State shall not exempt them from the jurisdictions of the respective Sending States.

8.   EUAM Ukraine personnel shall, with respect to services rendered for EUAM Ukraine, be exempt from social security provisions which may be in force in the Host State.

9.   EUAM Ukraine personnel shall be exempt from any form of taxation in the Host State on the salary and emoluments paid to them by EUAM Ukraine or the Sending States, as well as on any income received from outside the Host State.

10.   The Host State shall, in accordance with such laws and regulations as it may adopt, permit the entry of articles for the personal use of EUAM Ukraine personnel, and shall grant exemption from all customs duties, taxes, and related charges other than charges for storage, transport and similar services, in respect of such articles. The Host State shall also allow the export of such articles. The purchase of goods and services on the domestic market by EUAM Ukraine personnel shall be exempt from VAT and taxes in accordance with the laws of the Host State.

11.   The personal baggage of EUAM Ukraine personnel shall be exempt from inspection, unless there are serious grounds for considering that it contains articles that are not for the personal use of EUAM Ukraine personnel, or articles whose import or export is prohibited by the law or subject to quarantine regulations of the Host State. Inspection of such personal baggage shall be conducted only in the presence of EUAM Ukraine personnel concerned or an authorised representative of EUAM Ukraine.

Article 7

Personnel employed locally

Personnel employed locally shall enjoy privileges and immunities only to the extent allowed by the Host State. However, the Host State shall exercise its jurisdiction over such personnel in such a manner as not to interfere unduly with the performance of the functions of EUAM Ukraine.

Article 8

Criminal jurisdiction

The competent authorities of a Sending State, in consultation with the competent authorities of Ukraine, shall have the right to exercise criminal jurisdiction and disciplinary powers conferred on them by the law of the Sending State with regard to EUAM Ukraine personnel on the territory of the Host State.

Article 9

Security

1.   The Host State, by its own means, shall ensure security of EUAM Ukraine personnel.

2.   For the purposes of paragraph 1 the Host State shall take all necessary measures for the protection, safety and security of EUAM Ukraine and EUAM Ukraine personnel. Any specific provisions proposed by the Host State shall be agreed with the Head of Mission before their implementation. The Host State shall permit and support activities relating to the medical evacuation of EUAM Ukraine personnel.

If required, supplementary arrangements as referred to in Article 18 shall be concluded.

Article 10

Uniform

1.   EUAM Ukraine personnel may wear national uniform or civilian dress with distinctive EUAM Ukraine identification.

2.   The wearing of a uniform shall be subject to rules issued by the Head of Mission.

Article 11

Cooperation and access to information

1.   The Host State shall provide full cooperation and support to EUAM Ukraine and EUAM Ukraine personnel. Where applicable, recourse will be made to the procedures foreseen in the Agreement between Ukraine and the European Union on security procedures for the exchange of classified information of 13 June 2005.

If required for the purposes of the first subparagraph, supplementary arrangements as referred to in Article 18 shall be concluded.

2.   The Head of Mission and the Host State shall consult regularly and take appropriate measures to ensure close and reciprocal liaison at every appropriate level. The Host State may appoint a liaison officer to EUAM Ukraine.

Article 12

Host State support and contracting

1.   The Host State shall assist, if requested, EUAM Ukraine in finding suitable facilities.

2.   The Host State shall provide free of charge, if required and available, facilities which it owns. EUAM Ukraine shall be authorised to construct, alter or otherwise modify facilities as required for operational requirements. The Host State shall not claim any compensation in respect of constructions, alterations or modifications to those facilities.

Facilities owned by private entities, in so far as such facilities are requested for the conduct of EUAM Ukraine's administrative and operational activities shall be provided on the basis of appropriate contractual arrangements.

3.   Within its means and capabilities, the Host State shall assist in the preparation, establishment and execution of and support for EUAM Ukraine, including co-location facilities and equipment for EUAM Ukraine experts.

If necessary, supplementary arrangements may be concluded in accordance with Article 18.

4.   The Host State's assistance and support to EUAM Ukraine shall be provided under at least the same conditions as the assistance and support that it gives to its own nationals.

5.   EUAM Ukraine shall have the necessary legal capacity under the legislation of the Host State in order to fulfil its mission, and in particular for the purpose of opening bank accounts and to acquire or dispose of assets and to be party to legal proceedings.

6.   The law applicable to contracts concluded by EUAM Ukraine in the Host State shall be determined by the relevant provisions in those contracts.

7.   The contracts concluded by EUAM Ukraine may stipulate that the dispute settlement procedure referred to in Article 15(3) and (4) shall be applicable to disputes arising from the implementation of the contract.

Article 13

Deceased EUAM Ukraine personnel

1.   The Head of Mission shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased EUAM Ukraine personnel, as well as of their personal property, and take appropriate measures for this purpose in respect of the legislation of Ukraine.

2.   No autopsy shall be performed on any deceased members of EUAM Ukraine without the agreement of the State concerned, and the presence of a representative of EUAM Ukraine and/or a representative of the State concerned.

3.   The Host State and EUAM Ukraine shall cooperate to the fullest extent possible with a view to the early repatriation of deceased EUAM Ukraine personnel.

Article 14

Communications

1.   EUAM Ukraine may install and operate radio sending and receiving stations, as well as satellite systems in respect of the legislation of the Host State. It shall cooperate with the Host State's competent authorities with a view to avoiding conflicts in the use of appropriate frequencies.

2.   EUAM Ukraine shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install the equipment necessary for the maintenance of such communications within and between EUAM Ukraine facilities, including the laying of cables and land lines, for the purpose of EUAM Ukraine in respect of the legislation of the Host State.

3.   Within its facilities EUAM Ukraine may make necessary arrangements for the conveyance of mail addressed to and from EUAM Ukraine and/or EUAM Ukraine personnel.

Article 15

Claims for death, injury, damage and loss

1.   EUAM Ukraine, EUAM Ukraine personnel, the EU and the Sending States shall not be liable for any damage to or loss of civilian or government property which is related to operational necessities or caused by activities in connection with civil disturbances or the protection of EUAM Ukraine.

2.   With a view to reaching an amicable settlement, claims for damage to, or loss of, civilian or government property not covered by paragraph 1, as well as claims for death of, or injury to, persons and claims for damage to, or loss of EUAM Ukraine property, shall be forwarded to EUAM Ukraine via the competent authorities of the Host State, with regard to claims brought by a legal or natural person from the Host State, and to the competent authorities of the Host State, with regard to claims brought by EUAM Ukraine.

3.   Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed of an equal basis of representatives of EUAM Ukraine and representatives of the Host State. Settlement of claims shall be reached by common agreement.

4.   Where no settlement can be reached within the claims commission, the dispute shall be settled by diplomatic means between the Host State and EU representatives for claims up to and including EUR 40 000. For claims exceeding that amount, the dispute shall be submitted to an arbitration tribunal, whose decisions shall be binding.

5.   The arbitration tribunal referred to in paragraph 4 shall be composed of three arbitrators, one being appointed by the Host State, one being appointed by EUAM Ukraine and the third being appointed jointly by the Host State and EUAM Ukraine. Where one of the parties does not appoint an arbitrator within two months or where no agreement can be found between the Host State and EUAM Ukraine on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the President of the Court of Justice of the European Union.

6.   An administrative arrangement shall be concluded between EUAM Ukraine and the administrative authorities of the Host State in order to determine the terms of reference of the claims commission and the arbitration tribunal, the procedure applicable within these bodies and the conditions under which claims are to be lodged.

Article 16

Liaison and disputes

1.   All issues arising in connection with the application of this Agreement shall be examined jointly by representatives of EUAM Ukraine and the Host State's competent authorities.

2.   Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between the Host State and EU representatives.

Article 17

Other provisions

1.   The Government of the Host State shall be responsible for the implementation and for the observance by the appropriate Ukrainian local authorities of the privileges, immunities and rights of EUAM Ukraine and of EUAM Ukraine personnel as provided for in this Agreement.

2.   Nothing in this Agreement is intended or may be construed so as to derogate from any rights that may attach to an EU Member State or to any other State contributing to EUAM Ukraine under other agreements.

Article 18

Implementing arrangements

For the purpose of the application of this Agreement, operational, administrative and technical matters may be the subject of separate arrangements to be concluded between the Head of Mission and the Host State's administrative authorities.

Article 19

Entry into force and termination

1.   This Agreement shall enter into force on the date of reception, through diplomatic channels, of the last written notification about the fulfilment by the Parties of internal procedures necessary for the entry into force of this Agreement and shall remain in force until the date of departure of the last EUAM Ukraine personnel, as notified by EUAM Ukraine.

2.   This Agreement may be amended or terminated by written agreement between the Parties.

3.   Termination of this Agreement shall not affect any rights or obligations arising out of the execution of this Agreement before such termination.

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21.11.2014

EN

Official Journal of the European Union

L 334/10

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COMMISSION IMPLEMENTING REGULATION (EU) No 1241/2014

of 7 November 2014

entering a name in the register of protected designations of origin and protected geographical indications (Westfälischer Pumpernickel (PGI))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2),

Whereas:

(1)	Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Germany's application to register the name ‘Westfälischer Pumpernickel’ was published in the Official Journal of the European Union  (2).

(2)	As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Westfälischer Pumpernickel’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Westfälischer Pumpernickel’ (PGI) is hereby entered in the register.

The name referred to in the first paragraph identifies a product in Class 2.3. Bread, pastry, cakes, confectionery, biscuits and other baker's wares in accordance with Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ C 196, 26.6.2014, p. 20.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).

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21.11.2014

EN

Official Journal of the European Union

L 334/11

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COMMISSION IMPLEMENTING REGULATION (EU) No 1242/2014

of 20 November 2014

laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the presentation of relevant cumulative data on operations

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (1), and in particular Article 97(2) thereof,

After consulting the Committee for the European Maritime and Fisheries Fund,

Whereas:

(1)

Pursuant to Article 97(1)(a) of Regulation (EU) No 508/2014, the Member States' managing authorities must provide the Commission with relevant cumulative data on operations selected for funding until the end of the previous year, including key characteristics of the beneficiaries and the operations.

(2)

In order to ensure the consistency and completeness of the cumulative data on operations selected for funding, it is necessary to provide common technical specifications and rules for the presentation of that cumulative data. For that purpose it is appropriate to refer to the database structure provided for in Annex I to Commission Implementing Regulation (EU) No 1243/2014 (2).

(3)	In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The managing authorities shall follow the technical specifications and rules for the presentation of cumulative data on operations selected for funding, including key characteristics of the beneficiaries and the operations themselves, as provided for in Article 97(1)(a) of Regulation (EU) No 508/2014, in accordance with the forms and tables set out in the Annexes to this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

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(1)  OJ L 149, 20.5.2014, p. 1.

(2)  Commission Implementing Regulation (EU) No 1243/2014 of 20 November 2014 laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the information to be sent by Member States, as well as on data needs and synergies between potential data sources (see page 39 of this Official Journal).

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21.11.2014

EN

Official Journal of the European Union

L 334/39

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COMMISSION IMPLEMENTING REGULATION (EU) No 1243/2014

of 20 November 2014

laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the information to be sent by Member States, as well as on data needs and synergies between potential data sources

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (1), and in particular Article 107(3) thereof,

Whereas:

(1)

Regulation (EU) No 1303/2013 of the European Parliament and of the Council (2) lays down common provisions on the European Regional Development Fund (ERDF), the European Social Fund (ESF), the Cohesion Fund, the European Agricultural Fund for Rural Development (EAFRD) and the European Maritime and Fisheries Fund (EMFF). That Regulation requires the Member States' managing authorities to establish a system to record and store, in computerised form, data on each operation necessary for monitoring, evaluation, financial management, verification and audit, including data on individual operations.

(2)	Annex III to Commission Delegated Regulation (EU) No 480/2014 (3) lists the data to be recorded and stored in computerised form for each operation within the monitoring system established by each Member State.

(3)

Additional rules on data recording and transmission are needed for the functioning of the common monitoring and evaluation system provided for by Article 107 of Regulation (EU) No 508/2014. In accordance with Article 107(3) of Regulation (EU) No 508/2014, those rules should specify the information to be sent by Member States, whilst seeking the greatest synergies with other potential data sources such as the list of data to be recorded and stored as required by Regulation (EU) No 1303/2013.

(4)	In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

(5)	The measures provided for in this Regulation are in accordance with the opinion of the Committee for the European Maritime and Fisheries Fund,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes the rules on the information to be sent to the Commission by the Member States in order to permit the monitoring and evaluation of the operations financed under the European Maritime and Fisheries Fund (‘EMFF’) under shared management.

Article 2

List of data and database structure

1.   Each Member State shall record in its database as referred to in Article 125(2) of Regulation (EU) No 1303/2013 and provide to the Commission a list of data containing the information referred to in Article 107(3) of Regulation (EU) No 508/2014 and complying with the structure set out in Annex I to this Regulation.

2.   The list of data shall be recorded and provided to the Commission for each operation selected for funding under the operational programme supported by the EMFF.

Article 3

Entering information in the database

The data referred to in Article 2 shall be entered in the database at the following two stages:

(a)	at the time of approval of an operation;

(b)	once an operation has been completed.

Article 4

Operation implementation data

The information referred to in Part D of Annex I (Operation implementation data) shall be based on the fields outlined in Annex II.

Article 5

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

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(1)  OJ L 149, 20.5.2014, p. 1.

(2)  Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

(3)  Commission Delegated Regulation (EU) No 480/2014 of 3 March 2014 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund (OJ L 138, 13.5.2014, p. 5).

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21.11.2014

EN

Official Journal of the European Union

L 334/52

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COMMISSION IMPLEMENTING REGULATION (EU) No 1244/2014

of 20 November 2014

laying down rules for the implementation of Regulation (EU) No 375/2014 of the European Parliament and of the Council establishing the European Voluntary Humanitarian Aid Corps (‘EU Aid Volunteers initiative’)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 375/2014 of the European Parliament and of the Council establishing the European Voluntary Humanitarian Aid Corps (‘EU Aid Volunteers initiative’) (1), in particular Articles 9(3), 10(1) and 12(6) thereof,

Whereas:

(1)

Pursuant to Regulation (EU) No 375/2014, the Commission should establish standards and procedures covering the necessary conditions, arrangements and requirements to be applied by sending and hosting organisations when identifying, selecting, preparing, managing and deploying candidate volunteers and EU Aid Volunteers to support humanitarian aid in third countries. Regulation (EU) No 375/2014 provides that these standards should be adopted through delegated acts and the procedures should be adopted through implementing acts.

(2)	All stakeholders of the EU Aid Volunteers initiative, including the volunteers themselves and the sending and hosting organisations should be encouraged to share a sense of identity in the initiative.

(3)	It is important that candidate volunteers are identified and selected in a non-discriminatory, fair and transparent procedure, based on partnership between sending and hosting organisations, which meets the real needs expressed at local level by hosting organisations.

(4)

Thorough induction should be provided by both sending and hosting organisations to prevent misunderstandings on roles and expectations and to provide volunteers with appropriate, practical preparation for placements. This would lay the foundation for trust and acceptance within host communities taking full account of relevant cultural sensitivities.

(5)

Training is an essential part of the pre-deployment preparation that should be provided to all candidate volunteers in a structured programme of mandatory and optional courses. In addition, junior professionals should be enabled, where relevant through apprenticeship placements, to further develop their competences and acquire new specific knowledge and skills relevant for the humanitarian sector. In particular, this should be appropriate to the activities and context of sending and hosting organisations.

(6)

An appropriate supervision and management system should be put in place by sending and hosting organisations. They should jointly supervise and assess the performance and achievements of EU Aid Volunteers and provide feedback on their task assignments and objectives. This will help to improve the accountability of the EU Aid Volunteers initiative.

(7)	Mentoring should complement supervision and management and provide the EU Aid Volunteer with additional support before, during and after deployment.

(8)	A channel for ongoing communication and additional support from the sending organisation should be established during deployment in third countries. Debriefing and end of placement support should be provided to all EU Aid Volunteers.

(9)

Provision of adequate working and living conditions are needed to allow EU Aid Volunteers to undertake their assignments in a safe and sanitary environment, and to meet their basic needs without suffering personal hardship, while respecting the spirit of a modest, non-ostentatious lifestyle as a volunteer. Subsistence allowances and other payments allocated to EU Aid Volunteers are not intended to represent a salary for regular employment. Rates for these payments should not be established in the light of professional experience, expertise or the results of the volunteer's task assignment: they aim uniquely to cover living costs during deployment. To ensure a high and equal level of protection, all EU Aid Volunteers should be covered by a comprehensive insurance policy specifically designed to protect them throughout the entire duration of their deployment in third countries and any relevant periods before and after.

(10)

Duty of care is of paramount importance and is a shared responsibility. Sending and hosting organisations should, as far as possible, look after the health, safety, security and well-being of EU Aid Volunteers and develop appropriate security, health and safety procedures. EU Aid Volunteers should equally do everything to ensure their own health, safety and security, and that of others, at the workplace.

(11)

The monitoring and assessment of the individual performance of EU Aid Volunteers should be an ongoing process throughout the entire placement. It should be based on a supervision and performance management system and provide data that demonstrates to what extent the individual performance of the EU Aid Volunteer contributes — at outcome and impact level — to the objectives of the project and the overall initiative.

(12)

A robust certification mechanism is necessary to ensure that sending and hosting organisations comply with the standards laid down in the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014 and the procedures laid down in this Regulation. Such a certification mechanism should be based on the principles of simplification and non-duplication, differentiation between sending and hosting organisations, cost-effectiveness, transparency and impartiality, encouraging diversity and accessibility.

(13)	The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 26 of the Regulation (EU) No 375/2014.

(14)	In order to ensure a timely implementation of the EU Aid Volunteers initiative, it is necessary for this Regulation to enter into force as an urgent matter as it sets the provisions based on which implementing organisations to deploy EU Aid Volunteers in third countries,

HAS ADOPTED THIS REGULATION:

CHAPTER 1

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes rules to implement the Regulation (EU) No 375/2014 as regards the following matters listed in Articles 9(3), 10(1) and 12(6) thereof:

(a)	the procedures to be followed for the identification, selection and necessary pre-deployment preparation of candidate volunteers, including apprenticeship placements, where relevant;

(b)	arrangements for the training programme and the procedure for assessing the candidate volunteers' readiness to be deployed;

(c)	provisions for the deployment and management of EU Aid Volunteers in third countries, including, inter alia, supervision in the field, continued support through coaching, mentoring, additional training, necessary working conditions, post-deployment support;

(d)	the provision of insurance coverage and living conditions of volunteers including the coverage of subsistence, accommodation, travel and other relevant expenses;

(e)

procedures to be followed before, during and after deployment to ensure duty of care and appropriate safety and security measures, including medical evacuation protocols and security plans that cover emergency evacuation from third countries, including the necessary procedures for liaison with national authorities;

(f)	procedures for monitoring and assessing the individual performance of EU Aid Volunteers;

(g)	a certification mechanism ensuring that sending organisations comply with the standards and procedures referred to in Article 9 of Regulation (EU) No 375/2014, and a differentiated certification mechanism for hosting organisations.

Article 2

Definitions

For the purposes of this Regulation, the definitions in Article 3 of Regulation (EU) No 375/2014 and the definitions provided for in the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014 shall apply. The following definitions shall also apply:

(a)	‘Competence framework’ means a framework within the meaning laid down by the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014;

(b)	‘Learning and development plan’ means a plan within the meaning laid down by the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014;

(c)	‘Trainer’ means a person recruited by the training provider to deliver one or more training modules or to facilitate scenario-based simulation exercises and to assess the candidate volunteers' competences;

(d)

‘Training mentor’ means a trainer, recruited by the training provider, with a coordinating role to assess the eligibility of the candidate volunteer for deployment. He or she is responsible for a group of candidate volunteers. He or she coordinates the assessment of their competences based on feedback from other trainers, and engages with candidate volunteers individually to reflect on their self-assessment and trainers' assessment;

(e)

‘Mentoring’ means a process of informal transmission of knowledge, social capital and psychosocial support relevant to work, career or professional development. Mentoring entails informal communication, usually face-to-face and over a sustained period, between a person identified by the hosting organisation as the mentor, on one hand, who is perceived to have relevant knowledge, expertise and experience, and the EU Aid Volunteer, on the other;

(f)

‘Debriefing’ means a process that provides the sending and hosting organisations and the EU Aid Volunteer with clear information on the results of the assignment, the achievements of the EU Aid Volunteers, and recommendations or learning from their experience, as well as capitalisation, lessons learnt and a positive professional closure of the placement.

CHAPTER 2

PROCEDURES FOR IDENTIFICATION AND SELECTION OF CANDIDATE VOLUNTEERS

Article 3

Identification and selection procedure

1.   Sending and hosting organisations shall jointly set up an identification and selection procedure. Roles, responsibilities and processes shall be defined to ensure a transparent, fair and effective recruitment process in respect of the standard on equal treatment, equal opportunities and non-discrimination, as provided for in the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014.

2.   The identification and selection procedure shall be based on a partnership between the sending and hosting organisations and ensure timely and ongoing communication. The sending organisation shall ensure that the hosting organisation is consistently involved throughout the entire recruitment process.

3.   The agreed identification and selection procedure shall be applicable to all stages of the recruitment process.

4.   The identification and selection procedure shall include as a minimum:

(a)	Definition of the task assignment, competence profile and selection criteria for EU Aid Volunteers as provided for in Article 4;

(b)	Announcement and application as provided for in Article 5;

(c)	Assessment, long and short-listing of the applicants as provided for in Article 6;

(d)	Selection as provided for in Article 7.

Article 4

Definition of the task assignment, competence profile and selection criteria for EU Aid Volunteers

1.   Based on a needs assessment to be carried out in accordance with the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014, the hosting organisation shall propose, in accordance with the requirements set out in point 1 of Annex I, the task assignment for the EU Aid Volunteer, including flexible elements to take account the volunteer's input once recruited.

2.   The sending organisation shall review the task assignment to help modify it, as needed, in order to ensure a suitable and realistic matching, taking into account the EU Aid Volunteers' expected competences and the absorption capacity and needs of the hosting organisation.

3.   Based on the task assignment and competence framework, the sending and hosting organisations shall define a competence profile of the EU Aid Volunteer and selection criteria with minimum requirements to be used during the recruitment process. The competence profile shall also indicate whether the volunteer is a senior or junior professional and the need for any apprenticeship placement.

Article 5

Announcement and application

1.   The sending organisation shall be responsible for the announcement of the placement. With input from the hosting organisation, it shall produce an announcement information pack in order to inform about the initiative and attract candidate volunteers.

2.   The announcement shall be as a minimum in English, written in clear, concrete and accessible language, and provide information about the position offered to the candidate volunteer in accordance with the requirements set out in point 2 of Annex I.

3.   It shall be published for a minimum of one month on the central platform of the EU Aid Volunteers initiative with the possibility to use additional promotion opportunities to attract applicants to the central platform. In duly justified circumstances for placements for response to humanitarian aid crisis, the announcement may be posted for less than a month, but not less than one week.

4.   Applicants shall apply using a standardised application form, including a structured CV. Applicants shall also complete a standardised self-assessment questionnaire to assess their competences as required for the competence framework and their adaptability to the task assignment and living and working conditions referred to in the announcement. On these, they shall be required to give their consent.

Article 6

Assessment, long- and shortlisting

1.   The sending organisation shall assess applicants based on the information provided in the application form and self-assessment questionnaire, a statement of their motivation to participate in the EU Aid Volunteers initiative — and in the specific placement — and an assessment of their ability to analyse a relevant scenario of humanitarian aid by means of a written test, essay or similar tests.

2.   Based on the assessment, the sending organisation shall provide a longlist of applicants to the hosting organisation in view of jointly agreeing a shortlist of applicants to be interviewed.

3.   Shortlisted applicants shall be invited to a structured interview based on the competence framework. The interview can be face-to-face or using telecommunication technologies, where possible, with the participation of the hosting organisation. Additional assessment methods may include assessment centres, group activities and work simulation exercises.

4.   The sending organisation may perform, where necessary, personal and professional reference checks before final selection. Applicants shall be informed about the screening process at the start of the process in the announcement.

Article 7

Selection

1.   The hosting organisation shall take the final decision about the candidate volunteer selected and shall confirm its selection to the sending organisation, which shall be responsible for offering a position and preparing the induction phase. For each position, substitute volunteers may be chosen to replace the candidate in case he or she resigns or is no longer available.

2.   The sending and hosting organisations must be able to demonstrate and justify how they have taken their selection decision in respect of the principles of equal treatment, equal opportunities and non-discrimination throughout the entire identification and selection process.

3.   The selection procedure shall be completed within a reasonable time period. The sending organisation shall inform all applicants about the selection decision and inform them about the possibility to receive feedback. It shall invite the successfully selected candidate volunteer to confirm in writing their interest to participate in the EU Aid Volunteers initiative.

4.   The sending organisation shall ensure that documentation related to the identification and selection process is traceable and retained in compliance with the data protection standard as provided for in the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014.

Article 8

Assessment of learning needs

1.   Based on the results of the recruitment process, the needs of the hosting organisation and the envisaged deployment, the sending organisation shall assess, in consultation with the hosting organisation and the candidate volunteer, the learning needs and identify training programme modules in which to participate based on the following criteria:

(a)	Seniority, with the possibility for senior professionals to focus on mandatory modules and to choose the appropriate level of project management training and specialised optional modules;

(b)	The needs of the hosting organisation for specific competences, to be addressed through participation of the candidate volunteer in optional modules;

(c)	General competences of the candidate volunteer, to be addressed through participation in optional modules.

2.   The sending organisation shall fill in the learning and development plan as provided for in the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014 and identify the assessed competences of successfully selected candidate volunteers and their learning needs, to be transmitted to the training providers.

CHAPTER 3

TRAINING PROGRAMME OF THE EU AID VOLUNTEERS INITIATIVE

Article 9

Training programme

1.   A training programme for all successfully selected candidate volunteers shall be implemented by training provider(s) with input, where relevant, from sending and hosting organisations and former volunteers.

2.   The training programme shall be based on the competence framework and shall be adaptable to the needs of both junior and senior professionals.

3.   The training programme shall consist of a combined learning approach based on e-learning and classroom modules.

4.   Mandatory modules for all candidate volunteers shall include:

(a)	General introduction to the Union its external relations and crisis response system;

(b)	Introduction to humanitarian action, the Union humanitarian aid policy and the EU Aid Volunteers initiative;

(c)	Managing personal safety, security and health;

(d)	Project management;

(e)	Inter-cultural awareness (and transversal issues);

(f)	A scenario-based simulation exercise requiring candidate volunteers to demonstrate acquired competences.

5.   Optional modules shall include:

(a)	Advocacy and communication;

(b)	Psychological first aid;

(c)	Training of multipliers;

(d)	Volunteer management;

(e)	Organisational development;

(f)	Tailor-made modules, where necessary, in particular related to adapting the technical competences of candidate volunteers to a humanitarian aid context.

6.   Candidate volunteers shall attend all mandatory modules and may attend one or more optional modules to be selected in accordance with Article 8.

7.   The training curriculum, with details of each module, including its status, target group, timeline, competences addressed and related learning outcomes, shall be as set out in Annex II.

Article 10

Assessment of candidate volunteers during and after training

1.   During the training and upon its completion, candidate volunteers shall be assessed for their preparedness for deployment based on the competence framework.

2.   The assessment shall be jointly organised by the trainers, with a key coordination role to be played by the candidate volunteer's training mentor.

3.   The assessment of competences shall be based on the trainers' assessments of the candidate volunteer's knowledge, skills and attitude, including:

(a)	Self-assessment to be completed by the candidate volunteer after the scenario-based simulation exercise;

(b)	Observation notes to be provided by trainers after each module and after the scenario-based simulation exercise;

(c)	Training mentor's assessment providing a critical review of the self-assessment and observation notes from a one-to-one mentoring session between the training mentor and the candidate volunteer based on feedback from trainers.

4.   The assessment of all competences shall be included in the candidate volunteer's learning and development plan that shall be updated upon completion of the training and indicate the courses followed and the results obtained.

5.   Candidate volunteers who display poor proficiency in any of the transversal or specific competences shall be disqualified. The trainers and the training mentor must be able to explain and justify, if necessary, any such assessment and decision.

CHAPTER 4

PROCEDURES FOR PRE-DEPLOYMENT PREPARATION OF CANDIDATE VOLUNTEERS

Article 11

Induction programme

1.   The induction process shall familiarise the candidate or EU Aid Volunteer with the sending and hosting organisations' culture, policies and practices, and the expectations of the task assignment.

2.   The sending and hosting organisations shall jointly develop an induction programme. The programme shall define their roles and responsibilities based on inputs from returned EU Aid Volunteers, where possible, to benefit from their first-hand experience and learning. The programme shall comprise:

(a)	Pre-deployment induction to be provided by the sending organisation as provided for in Article 12;

(b)	In-country induction to be provided by the hosting organisation as provided for in Article 18.

3.   The sending and hosting organisations shall organise, where appropriate, joint sessions involving all candidate or EU Aid Volunteers together.

Article 12

Pre-deployment induction

1.   The sending organisations shall ensure that all candidate volunteers receive a thorough and appropriate face-to-face induction prior to their deployment. This shall cover, as a minimum, the following:

(a)	Organisation and management structure and processes, teams involved in the project (including project manager, crisis management officer, human resources), organisational mission and objectives in relation to the EU Aid Volunteers initiative;

(b)	Comprehensive information on the context of the project in which the candidate volunteer will operate, their task assignment and the needs assessment that underpins it; and the envisaged working and living conditions as provided for in Articles 22 and 24-27;

(c)	The relevant legal framework applicable to the volunteer as provided for in the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014;

(d)

Standards and procedures relevant to the volunteer, including disciplinary and grievance, anti-fraud and corruption, child and vulnerable adult safeguarding, code of conduct as provided for in the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014;

(e)	Mandatory context-specific security briefing and health and safety briefing (including medical check prior to departure) as provided for in Articles 28 and 30;

(f)	Supervision and performance management system and procedure, and support mechanisms in place, including mentoring and other support as provided for in Articles 19, 20 and 21;

(g)	The learning and development plan;

(h)	Information about the network for the EU Aid Volunteers initiative and how it supports volunteers before, during and after deployment;

(i)	Information about the communication and visibility activities envisaged in the project, based on the communication plan referred to in Article 17 of Regulation (EU) No 375/2014, including contact information for the responsible Regional Information Officer of the Commission.

(j)	The debriefing process as provided for in Article 23.

2.   In the context of the induction, the sending organisation shall also provide information about the Commission's humanitarian aid field office responsible for the country of deployment and inform this office of the imminent deployment of EU Aid Volunteers.

3.   The sending organisation shall ensure that all information provided during the induction process is read and understood by the candidate volunteers and remains easily accessible throughout their participation in the EU Aid Volunteers initiative.

Article 13

Apprenticeship placements for junior professionals

1.   Candidate volunteers who are junior professionals may be required, in addition to the training, to undertake an apprenticeship placement with a sending organisation to learn through experience the procedures, ethics and context of humanitarian work and further prepare for the envisaged deployment as an EU Aid Volunteer. The duration of the apprenticeship shall be for a maximum period of up to six months with a possibility for limited prolongation in duly justified exceptional cases.

2.   The sending organisation, in consultation with the hosting organisation and the apprentice volunteer, shall review and update the learning needs in the learning and development plan based on the needs of the apprenticeship placement. The learning and development plan shall define in particular:

(a)	The learning outcomes the apprentice volunteer is expected to achieve during their apprenticeship period;

(b)	The tasks the apprentice volunteer will carry out as part of the learning process and resources to be put in place;

(c)	The objectives and results the apprentice volunteer is expected to achieve on completion of the apprenticeship period.

3.   The following articles of this Regulation shall apply mutatis mutandis to the apprenticeship placements with obligations for the sending organisations hosting the apprentice volunteers:

(a)	Article 19(4), (5), (6) and (9), Articles 21 and 22.

(b)

Article 24 except for paragraph 5. Candidate volunteers coming from EU countries or from third countries referred to in Article 23(1)(b) of Regulation (EU) No 375/2014 under the conditions referred to in that Article who are covered by their national social security or insurance scheme in the country of their residence and who are undertaking apprenticeship placements in the above-mentioned countries shall receive only complementary coverage. This means that their insurance coverage shall be limited to costs over and above the coverage provided by the national social security or insurance scheme. In exceptionally justified cases, where the national social security or insurance scheme covers only part or none of the costs provided for in Article 24(5), 100 % of the costs incurred shall be covered.

(c)	Article 25 except for paragraph 6 Article 26 and Article 27(1), where relevant.

(d)	Article 28(1), (8) and (14) and Article 30(1), (4), (5), (6) and (7).

Article 14

Assessment of the candidate volunteers after apprenticeship

1.   At the end of the apprenticeship, the apprentice volunteer shall complete a self-assessment based on the competence framework and the learning and development plan.

2.   The line manager from the sending organisation, in consultation with the hosting organisation, shall review the self-assessment and assess the apprentice volunteer in particular to:

(a)	Assess performance of the apprentice volunteer against their objectives;

(b)	Review whether the results agreed have been achieved;

(c)	Identify the learning outcomes.

3.   Candidate volunteers who display poor proficiency in any of the transversal or specific competences shall be disqualified and shall not be eligible to become an EU Aid Volunteer. The line manager from the sending organisation must be able to explain and justify, if necessary, any such assessment and decision.

Article 15

Additional pre-deployment training

Without prejudice to the participation of the candidate volunteer in the training programme or as an apprentice volunteer, the sending organisation may provide additional appropriate pre-deployment training, such as training related to adapting the technical competences of candidate volunteers to meet the needs of the hosting organisation, language training needed for the country of deployment, etc.

Article 16

Contract with the EU Aid Volunteer

1.   Based on the outcomes from the pre-deployment induction and, where relevant, the apprenticeship placement and other pre-deployment training referred to in Articles 13-15, the sending organisation, in consultation with the hosting organisation, shall confirm the final assessment for eligibility of the candidate volunteer to be deployed as an EU Aid Volunteer.

2.   The sending organisation and the successfully assessed EU Aid Volunteer shall sign a deployment contract as set out in Article 14(5) of Regulation (EU) No 375/2014.

3.   The contract, to be defined in close consultation with the hosting organisations, shall set out the specific terms of deployment and the rights and obligations of the EU Aid Volunteer. It shall also indicate the legislation applicable to the jurisdiction of the contract pursuant to the Commission Delegated Regulation (EU) to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014 and include as a minimum the following elements:

(a)	Specification of the EU Aid Volunteer's role, title, duration and location of placement, and tasks to be performed as defined in the task assignment including the elements deriving from the communication plan referred to in Article 17 of the Regulation (EU) No 375/2014;

(b)	Duration of the contract, including start and end date;

(c)	Performance management, including: — Management arrangements, including the responsible line manager from the hosting organisation and contact point for ongoing support from the sending organisation; — Mentoring arrangements;

(d)	Working conditions, including working hours and leave;

(e)	The EU Aid Volunteer's financial rights and obligations, including the necessary arrangements for their provision: — Subsistence and resettlement allowance; — Information on applicable tax and social security rules; — Insurance coverage; — Accommodation; — Travel;

(f)	Practical arrangements: — Medical checks; — Visa and work permits;

(g)	Confidentiality;

(h)	Expected conduct from the EU Aid Volunteer, including integrity and code of conduct, and safeguarding children and vulnerable adults including zero tolerance towards sexual abuse, to be annexed to the contract;

(i)	Disciplinary policy and termination of volunteer status;

(j)	Mediation mechanism for problem-solving, grievance and dispute resolution;

(k)	Responsibilities and policies applicable to security management and health and safety;

(l)	Learning and development: — Training and induction; — Debriefing.

4.   In the event of a dispute between the hosting or sending organisation and an EU Aid Volunteer, the EU Aid Volunteer shall have the right to an effective legal remedy, in accordance with the national provisions applicable to the sending organisation.

Article 17

Entry in the database

Upon receipt of the EU Aid Volunteer's explicit consent, the sending organisation shall enter the EU Aid Volunteer's data in the database referred to in Article 13 of Regulation (EU) No 375/2014 (‘the database’). Any processing of personal data in relation to this database must be done in accordance with data protection standard as provided for in the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014. For any processing of personal data in relation to this database by the Commission, Regulation (EC) No 45/2001 (2) is applicable.

CHAPTER 5

PROCEDURES FOR DEPLOYMENT AND MANAGEMENT OF EU AID VOLUNTEERS

Article 18

In-country induction

1.   Hosting organisations shall ensure that all EU Aid Volunteers receive a thorough and appropriate in-country induction upon their arrival in the country of deployment, covering as a minimum the following:

(a)

Organisation and management structure and processes; teams involved in the project (including project management officer, operational and technical team, crisis management officer, support teams such as human resources and finance); project site(s); and organisational mission and objectives in relation to the EU Aid Volunteers initiative;

(b)	Comprehensive information on the hosting organisation's mission, remit and projects; communities involved; operational context; and expectations on outputs and results from the EU Aid Volunteer's task assignment and the needs assessment that underpins it;

(c)	Relevant local legal framework applicable to the EU Aid Volunteer;

(d)	Mandatory context-specific security briefing and health and safety briefing as provided for in Articles 28 and 30;

(e)	Supervision and performance management system and procedure and support mechanisms in place, including mentoring and other support as provided for in Articles 19, 20 and 21;

(f)	Cultural briefing on the country, region and locality of deployment, including guidance on appropriate behaviour;

(g)	In-country debriefing process as provided for in Article 23.

2.   The hosting organisation shall ensure that all information provided during the in-country induction process is read and understood by the EU Aid Volunteer and remains easily accessible throughout their participation in the EU Aid Volunteers initiative.

Article 19

Supervision and performance management

1.   Sending and hosting organisations shall jointly develop a performance management system, based on performance objectives, expected outputs and results, to measure the progress and quality of the EU Aid Volunteer's work according to the task assignment.

2.   The performance management procedure shall specify the sending and hosting organisations' respective roles and responsibilities for the supervision of the EU Aid Volunteer.

3.   During the induction, the sending and hosting organisations shall set, together with the EU Aid Volunteer, their performance objectives and provide them with the opportunity to comment on the flexible elements in the task assignment.

4.   The hosting organisation shall designate a line manager who shall be responsible for supervising the EU Aid Volunteer, with whom the line manager shall have a reasonable and practical frequency of supervision meetings.

5.   Where appropriate, depending on the length of the placement, the sending organisation and the line manager from the hosting organisation, together with the EU Aid Volunteer, shall carry out a joint mid-term performance review to formally evaluate the process of integration, progress on objectives, and to re-adjust the objectives and task assignment and the learning and development plan.

6.   Where the conclusion of the mid-term review is that the EU Aid Volunteer displays poor proficiency in any of the transversal or specific competences, the hosting organisation in agreement with the sending organisation may take the decision to end the deployment prematurely. They must be able to explain and justify, if necessary, any such assessment and decision.

7.   The sending organisation and the line manager from the hosting organisation, together with the EU Aid Volunteer, shall carry out a final performance review to evaluate at the end of the placement the achievements of the EU Aid Volunteer against the objectives for their task assignment and the learning and development plan.

8.   The results from the performance review shall be integrated into the EU Aid Volunteer's learning and development plan.

9.   The sending organisation shall retain the performance review records in accordance with the data protection standards as provided for in the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014 and send confirmation to the database whether the placement has been successfully completed and, if not, the reason thereof.

Article 20

Ongoing support from sending organisations

1.   Prior to deployment, the sending organisation shall designate a contact person who shall be available for the duration of the deployment and who shall have regular contacts with the EU Aid Volunteer to:

(a)	support the settlement and transition of the EU Aid Volunteer;

(b)	provide necessary additional support to the EU Aid Volunteer and the hosting organisation;

(c)	take part in the mid-term and final reviews and in other meetings, if necessary; and

(d)	provide mediation support in case of disagreement between the hosting organisation and the EU Aid Volunteer.

2.   If the designated contact person is no longer able to fulfil this role during the deployment, a replacement shall be provided as promptly as possible to ensure continuity of support.

Article 21

Mentoring

1.   The hosting organisation shall designate one or more mentors for the EU Aid Volunteer to provide support in areas such as:

(a)	development of professional skills and improvement of performance and knowledge;

(b)	cultural integration and acclimatisation;

(c)	coaching related to the task assignment; and

(d)	dealing with psychosocial issues.

2.   The designated mentor(s) shall have access to, and base their support on, the EU Aid Volunteer's learning and development plan and task assignment. The mentor(s) shall meet regularly with the EU Aid Volunteer to reflect on their progress and help solve any placement-related and personal issues.

3.   The mentoring shall take account of local realities and shall, where possible, be appropriate for local volunteers as well.

4.   The sending organisation shall facilitate the provision of the mentoring by working in partnership with the hosting organisation to provide analytical, training and other capacity building support, and by identifying in their own structures and networks suitably and complementarily skilled designated individuals in case of low local skills availability.

5.   Where appropriate, remote mentoring may be considered, in particular by using the network for the EU Aid Volunteers initiative.

Article 22

Working conditions

1.   All EU Aid Volunteers shall have adequate working conditions to enable them to perform well during their placements and to ensure their well-being, motivation, health and safety. They shall be in accordance with relevant provisions of Directive 89/391/EC (3) and Directive 2003/88/EC (4).

2.   Sending and hosting organisations shall work jointly to define adequate working conditions based on the local and national operating contexts.

3.   The hosting organisation shall provide the necessary information and propose the working conditions the suitability and appropriateness of which shall be assessed by the sending organisation to ensure consistency with their duty of care and the sending organisation's general policies and practices.

4.   Sending and hosting organisations shall jointly ensure that security and health and safety risks are prevented, managed and mitigated and that the proposed working conditions follow the agreed security and health and safety procedures referred to in Articles 28, 29 and 30, and comply with the requirements for working hours, leave, minimum daily and weekly rest periods and working space referred to in point 3 of Annex I.

Article 23

End of placement and post-deployment support

1.   Sending and hosting organisations shall jointly decide on the content and process of the debriefing that shall be envisaged for all EU Aid Volunteers, including those returning prematurely.

2.   The hosting organisation shall provide the EU Aid Volunteer with personal or group debriefing, including the final performance review referred to in Article 19(7), and, where appropriate, a project handover to the team and counterparts that will continue the activities carried out by the EU Aid Volunteer with a view to ensuring sustainability and continuity.

3.   The sending organisation shall provide the returned EU Aid Volunteer with timely personal or group debriefing and operational or project debriefings based on feedback from the hosting organisation and finalisation of the learning and development plan.

4.   The sending organisation shall facilitate a post-deployment medical check upon return of the EU Aid Volunteer and offer psychosocial debriefing session(s) and counselling support that the EU Aid Volunteer can attend on a voluntary basis.

5.   The sending and hosting organisations shall guide the EU Aid Volunteer to opportunities to stay engaged in issues related to humanitarian aid and active European citizenship, including promotion of and engagement with the network for the EU Aid Volunteers initiative.

6.   The sending organisation shall invite returned EU Aid Volunteers to provide constructive feedback on the EU Aid Volunteers initiative, including by explaining how their inputs can inform future placements.

CHAPTER 6

PROVISIONS FOR INSURANCE AND LIVING CONDITIONS

Article 24

Insurance coverage

1.   All EU Aid Volunteers shall be covered by a complete insurance policy specifically designed to protect them during the entire duration of their deployment in the third countries and relevant periods before and after.

2.   The insurance coverage shall be worldwide, 24 hours a day. It shall start from the day the EU Aid Volunteer leaves home on the way to the third country of deployment until the day the EU Aid Volunteer leaves the third country of deployment on the way to, and arrives back at, their home (‘the first period of coverage’).

3.   For insurance coverage longer than 12 weeks, it shall be extended for a further 8 weeks in the insured's home country to cover follow-up medical treatment for illnesses and injuries that occurred during the first period of coverage.

4.   The coverage shall be applicable to all activities linked to the EU Aid Volunteers initiative and also the private activities of EU Aid Volunteers during the first period of coverage.

5.   All EU Aid Volunteers shall be covered at 100 % (total coverage) for the following:

(a)	medical and dental care;

(b)	pregnancy and childbirth;

(c)

accident;

(d)	repatriation;

(e)	life insurance;

(f)	permanent and temporary disability or incapacity;

(g)	third party liability;

(h)	loss or theft of documents, travel tickets and personal belongings;

(i)	complementary assistance.

6.   In order to ensure equal treatment and coverage of all EU Aid Volunteers, the Commission may contract one or several insurance providers through a procurement procedure.

Article 25

Subsistence and resettlement allowance

1.   The sending organisation shall provide subsistence to EU Aid Volunteers in their capacity as non-employed individuals in the form of lump sum payments that shall be paid in good time and in regular instalments.

2.   Subsistence lump sum payments shall be based on a consumption basket covering regular expenses of the EU Aid Volunteer for the following items:

(a)

food;

(b)	toiletries and household products;

(c)

clothing;

(d)	local transport and in-country transport;

(e)	miscellaneous expenses deemed necessary to ensure an appropriate standard of living and participation in local society (a maximum of 20 % of the total amount for items listed in points (a) to (d) can be added to include other costs such as leisure activities, haircuts, newspapers and stationery).

(f)	contingency amount for EU Aid Volunteers staying in areas with indexes above the country average (maximum 10 % for items listed in points (a) to (d)).

3.   Accommodation costs shall not be part of the subsistence lump sums.

4.   The Commission shall publish information on subsistence lump sums for countries of deployment on the basis of country indexes. Special needs linked to disability or other duly justified exceptional circumstances may be reimbursed in addition to the subsistence payment.

5.   EU Aid Volunteers shall be informed in a timely manner about changes in the indexes and subsistence rates that affect them during a placement, in particular in countries with high inflation or deflation rates.

6.   Upon successful completion of deployment, the sending organisation shall provide to returning EU Aid Volunteers a regularly indexed resettlement allowance of EUR 100 per month, according to the length of their deployment.

Article 26

Accommodation

1.   The sending organisation shall ensure that the hosting organisation provides adequate accommodation to the EU Aid Volunteer at a reasonable cost in the local context.

2.   Sending and hosting organisations shall jointly ensure that security and health and safety risks are prevented, managed and mitigated and that the proposed accommodation follows the agreed security and health and safety procedures referred to in Articles 28, 29 and 30 and complies with the requirements set out in point 4 of Annex I.

3.   Costs for accommodation, heating and other directly related costs shall be borne directly by the hosting organisation, where possible. The hosting organisation shall undertake the contractual relations with landlords and take all necessary steps to brief hosts and landlords about the EU Aid Volunteers initiative.

Article 27

Travel and related costs

1.   The sending organisation shall organise the travel of the EU Aid Volunteer to and from the place of deployment, including in cases of early return, and shall cover the travel costs.

2.   At the request of the EU Aid Volunteer, the sending organisation shall organise and cover the costs of additional return travel for:

(a)	Home leave of EU Aid Volunteers whose deployment period exceeds 18 months;

(b)	Parental leave of EU Aid Volunteers who have one or more dependent children under the age of 12, if their deployment period exceeds 6 months;

(c)	Special leave in case of funeral or medically certified serious illness of an ascending or descending direct relative, spouse or registered partner, sister or brother.

3.   Travel costs may be based either on the actual costs of economy or second class tariffs or reimbursed in the form of lump sums based on a reasonable methodology for distance calculation.

4.   The sending organisation shall provide information and logistical support in arranging the visa for the EU Aid Volunteer and the hosting organisation shall support the visa process, as required. The sending organisation shall cover the costs related to obtaining the visa, including necessary travel costs.

CHAPTER 7

PROCEDURES TO ENSURE DUTY OF CARE, SAFETY AND SECURITY

Article 28

Security management and risk assessment

1.   The sending organisation shall have in place an organisational security policy and risk assessment procedures that shall be suitable and applicable for EU Aid Volunteers and, where necessary, adapted.

2.   Based on the sending organisation's organisational security policy, sending and hosting organisations shall jointly develop a security management and evacuation plan for actions under the EU Aid Volunteers initiative. Such plans shall as a minimum comply with the requirements set out in point 5 of Annex I.

3.   Sending and hosting organisations shall jointly develop a written assessment of security, travel and health risks for the country of deployment. Such assessments shall as a minimum comply with the requirements set out in point 6 of Annex I.

4.   The risk assessment referred to in paragraph 3 shall be reviewed and updated as regularly as required by the context and, as a minimum, before the deployment of the EU Aid Volunteer. Where the risk assessment leads to the conclusion that deployment would take place in the theatre of international or non-international armed conflict, or threats thereof, deployment shall not be envisaged or shall be cancelled in case an EU Aid Volunteer has been already selected.

5.   Requirements related to security awareness and appropriate behaviour in relation to risk and security management shall be included in the description of the task assignment and the recruitment process.

6.   The sending organisation shall inform the relevant national authorities of Member States and other participating countries, in accordance with Article 23 of Regulation (EU) No 375/2014, before one of their citizens is deployed as an EU Aid Volunteer. Prior to deployment, the sending organisation deploying EU Aid Volunteers who are not citizens of the Union shall ascertain the rules for consular protection provided by the volunteer's country of nationality or another country.

7.   Sending and hosting organisations shall ensure that all information on security and safety procedures is shared with and understood by the EU Aid Volunteer. During the induction, a context-specific security briefing shall be provided before departure and within 24 hours upon arrival in the country of deployment. This must include the results from the risk assessment, the evacuation and security management plan, including security incident reporting, procedures for evacuation and repatriation, communication tree, crisis management contact officer(s), and details of embassies, police and fire stations, and hospitals.

8.   The sending organisation shall ensure that the EU Aid Volunteer is covered, as a minimum, by the insurance provided according to Article 24.

9.   In addition to the mandatory security training in the context of the training programme, the sending organisation shall provide EU Aid Volunteers with any other relevant security training provided to its own international staff.

10.   When signing the contract referred to in Article 16(2), the EU Aid Volunteers shall acknowledge awareness of and compliance with the security management procedures, including their duty to keep themselves informed and up-to-date with current security situations; their personal responsibility concerning security management for themselves, others and the organisation; and the duty to refrain from risk-taking behaviour. Sending and hosting organisations shall make the EU Aid Volunteer aware of the consequences of any breach of security procedures, in particular those resulting in a premature forced end of placement.

11.   The sending organisation shall recommend to EU Aid Volunteers that they register with the embassy or consulate of their nationality upon arrival in the country of deployment, and inform them about the possibility of requesting consular assistance thereof. If the country of the EU Aid Volunteer's nationality does not have a consular representation in the country of deployment, the sending organisation shall recommend to EU Aid Volunteers who are citizens of the Union to register with a consulate or embassy of another Member State, and inform them about the possibility of requesting consular assistance thereof.

12.   Based on updates from the hosting organisation, sending and hosting organisations shall regularly update the evacuation plan to ensure it remains suitable for the operating environment at all times. The outcome of the risk assessment shall inform the frequency at which the plan is to be reviewed and the hosting organisation shall use past data and current updates to adjust it, as necessary. The evacuation plan shall be kept in a place that is easily accessible for the EU Aid Volunteer.

13.   The hosting organisation shall ensure that the EU Aid Volunteer is updated about any change in the operating environment and the consequent amendment in any of the security procedures or protocols.

14.   The hosting organisation shall be aware of the location of the EU Aid Volunteer, and the contact number to reach them at all times, including when on leave.

Article 29

Procedures to be followed in the event of an incident or evacuation

1.   In case of a security incident, the EU Aid Volunteer shall be debriefed as soon as possible. Depending on the seriousness of the incident and the procedures in place in the sending and hosting organisations, this debriefing may be undertaken by the line manager or the mentor from the hosting organisation, or the crisis management officer in the sending organisation, and may include professional psychological support.

2.   In case of evacuation, the evacuation plan shall be followed and the EU Aid Volunteer shall be taken care of at all times, following, where relevant, procedures in place in the consulates or embassies where the EU Aid Volunteer has been registered in accordance with Article 28(11).

3.   The sending organisation shall contact EU Aid Volunteers upon their return and ensure that they receive adequate follow-up, including debriefing, psychosocial and medical support.

4.   Security shall be included in the sending and hosting organisations' monitoring and evaluation framework and lessons learned from security incidents shall inform project review and improvement.

Article 30

Health and safety

1.   The sending organisation shall have in place an organisational health and safety policy that shall be suitable and applicable for EU Aid Volunteers and, where necessary, adapted, including guidelines on:

(a)	personal health, such as physical health (disease preventions, eating and sleeping advice, risk awareness on climate and geographical hazards, access to treatment);

(b)	mental health (advice on work-life balance, stress management, coping mechanisms and relaxation methods, points of contact for psychosocial support).

2.   Based on the sending organisation's organisational health and safety policy, sending and hosting organisations shall jointly develop a comprehensive set of health and safety policies and guidelines to meet their duty of care obligations and to ensure the physical and emotional well-being of EU Aid Volunteers.

3.   As part of the risk assessment referred to in Article 28(3) and before defining the task assignment, sending and hosting organisations shall jointly assess whether the placement provides safe and secure working and living conditions for the EU Aid Volunteer based on the basis of the indicators set out in point 7 of Annex I.

4.   The sending organisation shall ensure that the EU Aid Volunteer is covered, as a minimum, by comprehensive medical and travel insurance provisions in accordance with Article 24.

5.   During the induction, the sending organisation shall brief the EU Aid Volunteer on the health and safety policies and guidelines referred to in paragraphs 1 and 2, including diseases, first aid support, maintenance for all locations, maintenance of vehicle and equipment, workstations, work-life balance, health and security incidents, procedure for medical evacuation.

6.   The sending organisation shall ensure that the EU Aid Volunteer completes a thorough medical check-up prior to departure, and provide the recommended medication and vaccinations for the risks in the country of deployment and equipment, such as first aid and mosquito kits, where necessary.

7.   The hosting organisation shall ensure that duty of care is integrated in the day-to-day volunteer management and, during the induction, provide the EU Aid Volunteer with:

(a)	up-to-date information on local resources concerning health and safety such as contact details of doctors, hospitals, paramedical services;

(b)	guidance on local customs and norms as part of their in-country briefing in order to limit risks to safety and to facilitate integration.

8.   The sending organisation shall facilitate a post-deployment medical check upon the return of the EU Aid Volunteer and offer psychosocial debriefing session(s) or counselling support as part of the debriefing process. The sending and hosting organisations shall promote the network for the EU Aid Volunteers initiative as an alternative support mechanism before, during and after the deployment.

CHAPTER 8

PROCEDURES FOR MONITORING AND ASSESSING THE INDIVIDUAL PERFORMANCE OF EU AID VOLUNTEERS

Article 31

Monitoring and assessing the individual performance of EU Aid Volunteers

1.   Based on the supervision and performance management procedure referred to in Article 19, sending and hosting organisations shall monitor and assess the individual performance of EU Aid Volunteers, measuring progress, outputs and results with reference to the EU Aid Volunteer's task assignment and its objectives.

2.   The monitoring and assessment of the individual performance of EU Aid Volunteers shall be an ongoing process throughout the entire placement with specific reviews, as a minimum, at the following stages:

(a)	where relevant, at the end of the apprenticeship placement referred to in Article 14;

(b)	during the final performance review referred to in Article 19 and in case a mid-term review is considered appropriate to be carried out;

(c)	during the debriefing referred to in Article 23.

3.   The sending and hosting organisations shall provide data that demonstrates to what extent the individual performance of the EU Aid Volunteer contributes — at outcome and impact level — to the objectives of the project and the overall initiative, taking into account the indicators referred to in Article 7 of the Regulation (EU) No 375/2014. The data shall contain records of the quality of the outputs and results of the EU Aid Volunteer's work that are to be anonymised and available for evaluation purposes. These data shall be processed in accordance with the data protection standards provided for in the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014.

4.   Sending organisations shall provide support to build capacities of the hosting organisations for measuring progress, outputs and results with reference to the EU Aid Volunteer's task assignment and its objectives.

CHAPTER 9

CERTIFICATION MECHANISM FOR SENDING AND HOSTING ORGANISATIONS

Article 32

Certification mechanism for hosting organisations

1.   Hosting organisations aspiring for certification shall provide an objective and truthful self-assessment in accordance with the requirements referred to in point 1 of Annex III, assessing their existing policies and practices against the requirements of the standards and procedures regarding candidate volunteers and EU Aid Volunteers set out in this Regulation and in the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014.

2.   In the self-assessment, the hosting organisation shall disclose any gaps and areas of need for improvement that may require capacity building in order to reach a full level of compliance.

3.   The hosting organisation shall provide with the self-assessment three references in accordance with the requirements set out in point 1 of Annex III to provide comprehensive information on all requirements of the standards and procedures regarding candidate volunteers and EU Aid Volunteers. The references shall be from a minimum of two of the following groups of stakeholders:

(a)	A certified sending or hosting organisation with which the applicant hosting organisation has already had, or envisages to set up, a partnership for participation in the EU Aid Volunteers initiative;

(b)	A humanitarian aid partner of the Commission with a framework (partnership) agreement in force, with whom the applicant hosting organisation has successfully worked on a humanitarian aid project;

(c)	A relevant international organisation or not-for-profit organisation or public law body of a civilian character with which the applicant hosting organisation has successfully worked on a humanitarian aid project;

(d)	An accreditation or auditing organisation that has certified the applicant hosting organisation in areas relevant for the EU Aid Volunteers initiative, in which case the relevant accreditation or auditing documents should also be provided.

4.   The completed self-assessment shall be signed by the person empowered to represent and legally bind the hosting organisation and sent, together with the references referred to in paragraph 3, to the Commission.

5.   Based on the self-assessment and the references, the Commission shall assess the application and may take one of the following decisions:

(a)	To award certification in cases where the applicant hosting organisation is assessed as fully compliant with the requirements of the standards and procedures;

(b)	Not to award certification in cases where the applicant hosting organisation does not fully comply with the requirements of the standards and procedures.

6.   Within six months of receipt of the application, the Commission shall inform the applicant hosting organisation about the outcome of the certification, specifying also opportunities for capacity building support, if needed, with a view to re-submitting an application. In case there are any identified needs to be met based on a strategy for capacity building to be provided by the applicant hosting organisation, the latter shall be eligible and have priority for capacity building support.

Article 33

Certification mechanism for sending organisations

1.   Sending organisations aspiring for certification shall provide an objective and truthful evidence-based self-assessment in accordance with the requirements referred to in point 2 of Annex III, assessing their existing policies and practices against the requirements of the standards and procedures regarding candidate and EU Aid Volunteers.

2.   In the evidence-based self-assessment, the sending organisation shall disclose any gaps and areas of need for improvement that may require technical assistance in order to reach a full level of compliance. It shall also enclose sample evidence and means of verification that the policies and practices referred to in each of the requirements of the standards and procedures are implemented, particularly in relation to volunteers.

3.   The completed evidence-based self-assessment shall be signed by the person empowered to represent and legally bind the sending organisation and sent, together with the accompanying documents referred to in paragraph 2, to the Commission.

4.   Based on the evidence-based self-assessment and the accompanying documents provided, the Commission shall assess the application and may take one of the following decisions:

(a)	To award certification in cases where the applicant sending organisation is assessed as fully compliant with the requirements of the standards and procedures;

(b)	Not to award certification in cases where the applicant sending organisation does not fully comply with the requirements of the standards and procedures.

5.   Within six months of receipt of the application, the Commission shall inform the applicant sending organisation about the outcome of the certification, specifying also opportunities for technical assistance, if needed, with a view to re-submitting an application. In case there are any identified needs to be met based on a strategy for technical assistance to be provided by the sending organisation, the latter shall be eligible and have priority for technical assistance.

Article 34

Legal remedies

1.   A decision of the Commission not to award certification and reject the application shall indicate that the rejected applicant organisation may only re-apply after a twelve-month period, starting from the date of receipt by the applicant of the decision of rejection. The decision shall specify also the available legal remedies against the decision.

2.   In pursuance of Articles 256 and 263 of the Treaty on the Functioning of the European Union (TFEU), the General Court has jurisdiction over acts of the European Commission intended to produce legal effects vis-à-vis third parties. Likewise, in pursuance of Article 256, 268 and 340 TFEU, the General Court has jurisdiction in disputes relating to compensation for damages caused by the European Commission in the case of non-contractual liability.

Article 35

Financial viability and organisational capacity of the organisations

The assessment of the financial viability and organisational capacity of the certified sending and hosting organisations is outside the scope of the certification procedure. As a pre-condition for receiving financial assistance from the Union, this viability and capacity shall be assessed at the stage of the application process following a call for proposals.

Article 36

Validity of the certification and regular checks

1.   The certified sending and hosting organisations shall undergo re-certification after three years upon receipt of the decision of the Commission awarding the certification or at any time in the event of substantial amendments to the standards or procedures for the issues concerned.

2.   Within the period of validity of the certification, the certified sending and hosting organisations may be required, where necessary, to undergo regular checks to be undertaken by the Commission.

3.   Certified sending and hosting organisations shall immediately inform the Commission of any change in their legal, financial, technical or organisational situation that may put into question their compliance with the standards and procedures, or may create conflicts of interests. They shall also inform the Commission of any change in their name, address or legal representative.

Article 37

Suspension and termination of certification

1.   Based on the information obtained from the certified sending or hosting organisation, including from the regular checks referred to in Article 36(2) or information obtained through any other means, the Commission may consider that the certified sending or hosting organisation no longer complies with one or more of the standards or procedures. In such cases, the Commission may take appropriate action, including suspending or terminating the certification, in accordance with the procedure set out in point 3 of Annex III.

2.   The sending or hosting organisation subject to a suspended or terminated certification shall not deploy or host EU Aid Volunteers as from the date of the suspension or termination and shall not be eligible to receive financial assistance from the Union to that end.

3.   In light of the reasons for the suspension or termination of the certification, in particular the safety and security of EU Aid Volunteers, the Commission may require the repatriation of EU Aid Volunteers who are deployed at the time of the suspension or termination.

4.   The sending or hosting organisation shall not be entitled to claim compensation on account of a suspension or termination of certification.

Article 38

Liability for damages

The Commission shall not be held liable for any loss or damage caused or sustained by the sending or hosting organisation, or third parties, as a consequence of the certified status of the sending or hosting organisation.

CHAPTER 10

FINAL PROVISIONS

Article 39

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

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(1)  OJ L 122, 24.4.2014, p. 1.

(2)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data; OJ L 8, 12.1.2001, p. 1

(3)  Directive 89/391/EC on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).

(4)  Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

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