Rule No. 1282 of 18 October 2007 on the declaration of interests in the context of procurement and grant award[1]

The Secretary General of the Council of Europe,

HAVING REGARD to Article 36 of the Staff Regulations;

HAVING REGARD to Articles 30, 31 and 42 of the Financial Regulations;

RECALLING the provisions of the Charter on Professional Ethics and the Purchasing Code of Ethics;

CONSIDERING that a system of declaration of interests should be put in place;

RECALLING the requirements of the regulations on the protection of personal data  applicable within the Council of Europe;

HAVING CONSULTED the Staff Committee in accordance with Article 5 paragraph 3 of the Regulations on staff participation (Appendix I to the Staff Regulations);

D E C I D E S:

1.       The following definitions shall apply to this Rule:

Contractual relationship: legal relationship including, but not limited to, contracts, framework contracts and framework agreements for the supply of goods, services, including intellectual services, or works to the Council of Europe concluded in accordance with the Financial Regulations, as well as grant agreements entered into by the Council of Europe.

Secretariat members: staff members under Article 1 of the Staff Regulations, temporary staff members under the relevant Rules and seconded officials under Article 1a of the Regulations on secondment to the Council of Europe.

Partner: a person recognised by a member State as a Secretariat member’s officially registered non-marital partner or who lives together with a Secretariat member.

Closely related person: a person with whom a Secretariat member has personal relations or contacts, which might distort his or her judgment or adversely affect the impartial and objective performance of his or her duties in the procurement or grant award process.

Significant interest: registered self-employment (with or without a VAT identification number); ownership of, or partnership in, a company of any type excluding limited companies; directorship of a limited company; holding of shares in a limited company, the total nominal value of which is at least 10,000 Euros (or the equivalent in any other currency) or 1% of the total nominal value of the issued share capital (if the share capital is of more than one class, holding of shares of any class the total nominal value of which is at least 1% of the issued share capital of that class).

Secretariat members involved in the procurement or grant award process: Secretariat  members including, but not limited to, Assistant Cost Centre Managers, Financial Officers and those Secretariat members who identify needs, initiate purchases, define deliverables, draw up technical specifications or calls for proposals, identify potential suppliers (including of consultancy services), negotiate with suppliers, open bids, compare quotes, analyse bids, evaluate grant applications, present files to the Tenders Board, represent the Council of Europe in competitive dialogue with bidders, draft, sign or manage contracts or grant agreements on behalf of the Council of Europe or who provide advice on the legal aspects of procurement and grant award.

2.       The Secretary General, the Deputy Secretary General, the Secretary General of the Parliamentary Assembly, the members of the Tenders Board, the Secretariat members who sit on the Management Board of the Pension Reserve Fund, all Commitments Officers, all Cost Centre Managers and their hierarchical superiors where applicable as well as all Secretariat members involved in the procurement or grant award process shall declare at the beginning of each year whether they have any:

(i)   employment^[2] by any legal person whether in a public or private sector and regardless its non-for-profit or for-profit status, which is in a contractual relationship with the Council of Europe or may reasonably be expected to seek to enter into such a relationship;

(ii)  significant interests in business firms of any type which are in a contractual relationship with the Council of Europe or may reasonably be expected to seek to enter into such a relationship;

(iii) membership of or cooperation with non-profit-making bodies which are in a contractual relationship with the Council of Europe or may reasonably be expected to seek to enter into such a relationship.

3.       The declaration of interests shall be made annually by 31 January.

If a Secretariat member has been designated as Commitments Officer or Cost Centre Manager or appointed as the latter’s hierarchical superior in the course of a calendar year he/she shall make the declaration within one month of the date of his/her designation or appointment.

Secretariat members who have been entrusted with responsibilities in the field of procurement or grant award in the course of a calendar year shall make the declaration within one month of the day on which they have been entrusted with such responsibilities.

4.       The declaration of interests shall be made to the Director of Internal Oversight by means of a specific online form. The latter and his/her staff, if covered by Article 2, shall make the declaration to the Director of the Private Office of the Secretary General and the Deputy Secretary General.

5.       The persons mentioned in Article 2 shall immediately inform the Director of Internal Oversight (or, in the case of the latter and his/her staff, the Director of the Private Office of the Secretary General and the Deputy Secretary General) by means of a specific online form of any changes that occur concerning their situation or interests mentioned in Article 2 (i) to (iii) in the course of a calendar year.

6.       Each Commitments Officer shall ensure that his or her Cost Centre Managers, their hierarchical superiors where applicable and those of their staff involved in the procurement or grant award process are informed of their obligation to make the declaration in line with Articles 3, 4 and 5 above[3].

7.       Secretariat members involved in the procurement or grant award process and the persons mentioned hereafter under (i) to (iii) shall also declare any other personal interest which they consider liable to affect their objectivity in connection with the award of a particular contract or grant agreement as follows:

(i)           the Deputy Secretary General, the Secretary General of the Parliamentary Assembly and Heads of Major Administrative Entities to the Secretary General

(ii)          the members of the Tenders Board and the Secretariat members who sit on the Management Board of the Pension Reserve Fund to the Chair of their Board  and  

(iii)         all other Secretariat members to their hierarchical superior and the Cost Centre Manager concerned.

8.       The persons mentioned in Article 7, when assessing whether a personal interest is liable to affect their objectivity, shall take into consideration, inter alia and in so far as they know or can be reasonably expected to know, the following interests of their spouses, partners, parents and children or other closely related persons:

(i)           employment by any legal person whether in a public or private sector and regardless its non-for-profit or for-profit status, which is in a contractual relationship with the Council of Europe or may reasonably be expected to seek to enter into such a relationship;

(ii)          significant interests in business firms of any type which are in a contractual relationship with the Council of Europe or may reasonably be expected to seek to enter into such a relationship;

(iii)         membership of or cooperation with non-profit-making bodies which are in a contractual relationship with the Council of Europe or may reasonably be expected to seek to enter into such a relationship.

9.       Failure by individual Secretariat members to comply with the provisions set out in this Rule may result in disciplinary action.

Should a Secretariat member encounter any difficulty in interpreting this Rule, the matter should be promptly referred to his or her hierarchical superior or the Cost Centre Manager concerned and, if necessary, the Director of Internal Oversight.

10.     This Rule shall enter into force on the first day of the month following its signature by the Secretary General.

Strasbourg, 18 October 2007

The Secretary General

Terry DAVIS