# Council Decision (CFSP) 2016/1182 of 18 July 2016 concerning the Staff Regulations of the European Union Institute for Security Studies, Article 10: Expatriation allowance

Extent: E+W+S+N.I.

1. Rules applicable to contract staff members recruited before the entry into force of these staff regulations
An expatriation allowance shall be paid to contract staff members who, at the time of their initial appointment, were not nationals of the State in whose territory their permanent place of employment is situated and who had not habitually resided in that State's territory for three years or more immediately prior to their recruitment by the Institute.
This allowance shall cease to be payable if a contract staff member is transferred to the country of which he or she is a national.
The amount of the allowance shall be calculated in accordance with point (a) of point 1 of Annex II.
Where a staff member is appointed by the Institute immediately after having been employed in the country where he or she performs his or her duties by another international organisation or administration, years of service with his or her previous employer shall be taken into account when calculating entitlement to the allowance and the amount thereof.
2. Rules applicable to contract staff members recruited after the entry into force of these staff regulations
(a) The expatriation allowance shall be paid to contract staff members who, at the time of their appointment by the Institute:
(i) were not nationals of the host State;
(ii) had been continuously resident for less than one year on that State's territory, no account being taken of previous service in their own country's administration or with other international organisations;
(iii) were recruited internationally from outside of the Coordinated Organisations or organisations associated to the Coordinated Organisations or from outside of the country of assignment; and
(iv) were recruited from outside of the local commuting area of the duty station.
The ‘local commuting area’ shall be defined as an area within a radius of 100 km from the duty station.
(b) In the event of a contract staff member who has been entitled to the expatriation allowance taking up duty in a duty station where he or she does not meet the four criteria referred to in point (a), he or she shall cease to be entitled to the expatriation allowance.
(c) In the event of a contract staff member who has not been entitled to the expatriation allowance taking up duty in a duty station where he or she meets these four criteria, he or she shall begin to be entitled to the expatriation allowance.
(d) In the event of a contract staff member who has been employed by a Coordinated Organisation or an organisation associated to the Coordinated Organisations, and entitled to the expatriation allowance taking up duty with the Institute in the same country or in the event of a staff member of another international organisation or a member of the administration or armed forces of the country of origin taking up duty with the Institute without changing country, points (iii) and (iv) of point (a) of paragraph 2 shall not apply.
(e) Verification of eligibility
(i) When any point on the frontier of the country of which the contract staff member is a national is within a radius of 100 km from the duty station, such contract staff member shall not be entitled to the expatriation allowance, and the related education allowance and home leave, unless he or she supplies proof that he or she has established his or her actual and habitual residence in the country of service or, exceptionally and subject to agreement by the Director, in another country of which he or she is not a national, taking account of his or her family circumstances.
(ii) Contract staff members receiving the expatriation allowance shall notify the Institute of any change in their place of residence.
(iii) Under special circumstances and for sound and sufficient reasons, exceptions to the rule in point (i) may be made by the Director.
(f) Related allowances
The reduction to zero of the expatriation allowance shall not disqualify the contract staff member for entitlement to the education allowance or home leave.
(g) The rate of the allowance shall be calculated in accordance with point (b) of point 1 of Annex II.

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Source: https://www.legislation.gov.uk/eudn/2016/1182/annex/article/10 (the official version)
Page: https://openlegislation.uk/eu-decision-2016-1182/annex/article-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.