Reimbursement of travel and subsistence expenses for external persons

Reimbursement of travel and subsistence expenses for external persons Policy 2 December 2016 ESMA/2016/MB/110

Table of Contents 1 Document information and approval 3 2 Introduction 4 3 Purpose and scope 4 4 Policy statements 4 4.1 General provisions 4 4.2 Detailed rules on reimbursement of different types of external persons 7 4.2.1 Recruitment candidates 7 4.2.2 Trainees when joining/leaving ESMA 9 4.2.3 Members of the Securities and Markets Stakeholder Group (SMSG) 9 4.2.4 Experts for a working group/hearing/administrative support or similar 11 4.2.5 Members/Alternates of the Board of Appeal (appointed by ESMA) 12 4.2.6 Members/Alternates of the ESMA s Disciplinary Board 15 4.2.7 Speakers for a seminar or training organised by ESMA 16 5 Payments 17 6 Liability 17 7 Awareness campaign 18 8 Consultation status 18 9 Data protection 18 10 Date of effect 18

1 Document information and approval Document information Version: 1.0 Document number: ESMA/2016/MB/110 Status: Adopted Effective date: 01/01/2017 Classification: Public Review date: 31/12/2020 Supersedes /repeals: ESMA/2014/MB/87 Annex 1 - Reimbursement of travel and subsistence expenses for external persons Change history and approval routing sheet Person Role [drafter, reviewer, approver] Version Date Signature Fernando Ramos Drafter V 1.1 15/11/2016 Andrea Lorenzet Reviewer V 1.2 20/11/2016 Nicolas Vasse / Verena Ross Reviewer V 1.3 25/11/2016 Management Board Approver V 2.0 13/12/2016 Page 3 of 18

2 Introduction The document defines the general provisions on financial contributions (travel and subsistence expenses) for external persons such as: (1) Candidates ( recruitment candidates ) 1, invited to ESMA s interviews/written tests of a selection procedure or to a medical examination (pre-employment medical checks) prior to their starting date at ESMA; (2) Trainees when joining/leaving ESMA; (3) Members of the Securities and Markets Stakeholder Group; (4) Experts for a working group/hearing/administrative support or similar; (5) Members/Alternates of the Board of Appeal (appointed by ESMA); (6) Members/Alternates of ESMA s Disciplinary Board (external staff members, employed either at another EU institution or former staff members of an EU institution/another European organisation); (7) Speakers for any seminar or training organised by ESMA 2. 3 Purpose and scope The objective of the document is to detail the reimbursement rules applicable to external persons. This document repeals the Reimbursement of travel and subsistence expenses for external persons (ESMA/2014/MB/87). 4 Policy statements 4.1 General provisions A financial contribution shall be granted towards travel and subsistence expenses for external persons invited by ESMA, subject to the general conditions set out below. More detailed explanations per different types of external persons can be found in Article 4.2. Point of departure: (1) The place of residence or place of current employment from which travel costs are reimbursed shall be specified in the letter of invitation issued by ESMA. (2) If the place of residence and the place of current employment are in the same country, the place of residence will be taken as a point of departure. If the place of residence and the current place of employment are in different countries, the shortest distance to the place of meeting/venue will be taken as the point of departure. 1 All types of recruitment candidates (temporary agents, contract agents,). See the additional information on reimbursement of trainees (Article 4.2.2) when joining/leaving ESMA. 2 Under condition that a speaker does not otherwise receive remuneration from ESMA to deliver a seminar/training. Page 4 of 18

Travel expenses: (3) Travel expenses are not reimbursed where the distance specified in the invitation and the place of the meeting is 50km or less. (4) For reimbursement purposes, the travel distance within the meaning of these rules is determined by the recommended road distance, as calculated by the Michelin route planner Via Michelin (www.viamichelin.com). (5) Travel expenses are reimbursed based on the most appropriate means of transport and economical travel rates given for the distance involved. (6) Travel expenses are reimbursed on presentation of original supporting documents: travel tickets, invoices or, in the case of online bookings, the printout of the electronic reservation and boarding cards for the outward journey. The documents supplied must show the name of passenger, the class of travel used, the departure and arrival time and the amount paid. (7) For travel by air, an economy/second class ticket is reimbursed. (8) For travel by ship, an economy/second class ticket is reimbursed. (9) For travel by rail, please see relevant article under Article 4.2 3. (10) For travel by car, reimbursement is based on an allowance per kilometre, calculated according to the recommended 4 and standard route, as set out below. For reimbursement purposes, supporting documents (e.g. petrol/motorway toll bills), proving the travel on the specific day, must be provided. For Members/Alternates of the Board of Appeal the reimbursement per kilometre does not apply. For more information, please see Article 4.2.5. from 1 to 1,000 kilometres from 1,001 to 2,000 kilometres 0.22 EUR per kilometre 0.12 EUR per kilometre (11) Taxi fares, fees for car rental, parking fees, petrol/toll bills or any other costs related to means of transportation by car are not reimbursed. (12) In addition, external persons are entitled to the reimbursement of the most economical public transport costs incurred between an airport/main station and place of meeting/venue/hotel, upon presentation of original tickets, but only at the arrival/start and departure/end of the journey. NB: the local transport costs on the day of the meeting, between a hotel and the place of the meeting/venue, will not be reimbursed. These would be covered by the daily subsistence allowance (see point 13 below). Daily subsistence allowance: (13) A daily subsistence allowance is granted when the distance between the place of residence/current employment and the place of meeting/venue is more than 50 km. It is paid 3 As per different types of external persons. 4 ViaMichelin.com Page 5 of 18

(as a flat rate) in respect of the day(s) of the meeting(s) and shall cover the daily expenses such as meals and/or costs of local transport (bus, tram, metro, taxi, parking, toll motorway, etc.), as mentioned in the point 12 above. (14) The amount of the daily allowance is specific to the category of external persons (see relevant article under Article 4.2). Accommodation allowance: (15) An accommodation allowance is granted in cases when the distance between the place of residence/current employment and the place of meeting/venue is more than 150 km and when the external person has to stay overnight(s) because of incompatibility between the times specified in the letter of invitation and transport timetables. The accommodation allowance is paid on the presentation of supporting documents (a hotel invoice/bill). The accommodation allowance is paid only for the room rate (including breakfast and any compulsory local taxes). No other items invoiced by the hotel are reimbursable (e.g. internet connection, mini bar). (16) The maximum ceiling for accommodation allowance is specific to the category of external persons (see relevant article under Article 4.2). Other: (17) Meetings implying reimbursement of expenses to external persons require a commitment approved by an authorising officer. For commitments, authorising officers shall specifically ensure that meetings are organised in such a way as to enable external persons to benefit from the most economical travel rates. For payments, authorising officers shall monitor particularly closely any requests for reimbursement involving abnormally expensive flights. They shall have the right to carry out any checks that might be needed and to request any proof from the expert required for this purpose. They shall also have the right, where it appears to be justified, to restrict reimbursement to the rates normally applied to the usual journey from the external persons place of residence/employment to the meeting place. (18) Unless stated otherwise, external persons shall be entitled to a daily allowance for each day of the meeting and, where appropriate, an accommodation allowance. To get these allowances, they shall declare on their honour that they are not receiving similar allowances or reimbursement from any other source for the same visit. The responsible authorising officer shall ensure consistency between the content of the letters of invitation and the request to organise the meeting. (19) All reimbursements of travel expenses, daily allowances and/or accommodation allowances for a single trip shall be made to one and the same bank account. Page 6 of 18

4.2 Detailed rules on reimbursement of different types of external persons 4.2.1 Recruitment candidates (1) General provisions on financial contributions (Article 4.1) shall apply to the reimbursement of recruitment candidates. Point of departure: (2) A candidate shall be reimbursed for travel costs directly emerging from an invitation for interview/written test or pre-employment medical examination. If an invitation was sent during the candidate s holidays or business trip, the supporting documents justifying it need to be provided (e.g. earlier booking reference). Travel expenses: (3) The travel costs reimbursement is based on the actual costs incurred, providing that the most economical fares (economy/second class ticket) have been chosen, up to the set ceiling 5 of: Km distance between the candidate s place of residence/employment and the place of meeting (includes travel from outside EU) Reimbursement ceiling (return travel) < 50 km 0 > 50 km 800 EUR (4) In exceptional and duly justified cases, a candidate, who takes a different route (due to an incompatibility between the times specified in the letter of invitation and transport timetables) or opts for an extended stay, can only be reimbursed provided that he/she shows that the deviation from the standard route had no adverse economic effect and that the itinerary chosen was still in accordance with the principle of economical fare (a price comparison and justification to be provided). Daily subsistence allowance: (5) The amount of daily subsistence allowance (a flat-rate paid per each day of meeting) depends on the distance between the candidate s place of residence/current employment and the place of the meeting. 5 The above mentioned ceiling shall apply only for invitations which are sent at least 2 weeks in advance of the planned interview/preemployment medical test (the invitation letter serves as a proof). If the invitation is sent at short notice (less than 2 weeks), no ceiling for the travel expenses shall apply. Page 7 of 18

Km distance between the candidate s place of residence/employment and the place of meeting (includes travel from outside EU) Amount of a daily allowance (flat-rate) < 50 km 0 > 50 km 50 EUR Accommodation allowance: (6) The accommodation allowance is based on the reimbursement of actual costs incurred, up to the set ceiling of 180 EUR per night. (7) As a rule, an accommodation allowance is granted per day of the meeting. If a candidate decides to extend his/her stay (Article 4.2.1 (4)), no additional accommodation allowance or daily subsistence allowance for extra night(s) is provided. In duly justified cases 6 where transport timetables do not permit the travel on the day of the meeting, the accommodation allowance shall apply for the night before and/or after the meeting. The corresponding request from candidates will be evaluated on a case-by-case basis, taking into account the provided documents. In principle the request shall be accepted for meetings which start before 10:00 am or finish after 4:00 pm, subject to receipt of supporting documents. Km distance between the candidate s place of residence/employment and the place of meeting Ceiling of accommodation allowance (reimbursement of actual costs) < 150 km 0 > 150 km 180 EUR 6 A confirmation and supporting documents to be provided by the candidate (a price comparison). Page 8 of 18

4.2.2 Trainees when joining/leaving ESMA (1) General provisions on financial contributions (Article 4.1) shall apply to the reimbursement of trainees their taking up / leaving the traineeship at ESMA. Travel expenses: (2) Recruited trainees, whose place of residence or place of current employment is more than 50 km from Paris, shall be entitled for the reimbursement of travel expenses, at the beginning and end of the traineeship period. (3) The travel costs reimbursement is based on the actual costs incurred, providing that the most economical fares have been chosen, up to the set ceiling 7 of: Km distance between the candidate s place of residence/employment and the place of meeting (includes travel from outside EU) Reimbursement ceiling (return travel) < 50 km 0 > 50 km 800 EUR Other: (4) Cost-free trainees under the schemes of traineeship from a private or public entity are not entitled to any financial compensation whatsoever from ESMA (travel allowance or other allowances) and they shall make their financial arrangements at their own responsibility. (5) No daily subsistence and accommodation allowance is applicable for trainees on taking up/leaving the service at ESMA. 4.2.3 Members of the Securities and Markets Stakeholder Group (SMSG) (1) General provisions on financial contributions (Article 4.1) shall apply to the reimbursement of members of the Securities and Markets Stakeholder Group (SMSG), and under condition that a member is acting as, or representing, retail investors/customers, academics, tradeunions8, non-governmental organisations, non-profit organisations or shareholder associations. In limited cases, and on a case-by-case basis, representatives of small or medium enterprises (SMEs) may be provided with reimbursement 9. 7 The above mentioned ceiling shall apply only for letters which are sent at least 2 weeks in advance of the planned starting date (the invitation letter serves as a proof). If the invitation is sent at short notice (less than 2 weeks), no ceiling for the travel expenses shall apply. 8 If a representative of financial services staff does not work directly for a trade union, in order to be covered by this expenses policy he/she will need to have a letter from the trade union indicating that he/she is a representative, or provide evidence that their organisation is a non for profit body. 9 For SME representatives to receive a reimbursement they will need to provide a letter indicating why they will not be able to cover the costs of attending. Approval or rejection of the case will be done by ESMA. Page 9 of 18

Travel expenses: (2) For rail travel expenses, a first class travel is reimbursed. Daily subsistence allowance: (3) The daily subsistence allowance (a flat-rate amount) is granted per each day of meeting, according to the distance between the place of residence/employment and the place of meeting: Km distance between the member s place of residence/employment and the place of meeting (includes travel from outside EU) Amount of a daily allowance (flat-rate) < 50 km 0 >50 km 102 EUR Accommodation allowance: (4) The accommodation allowance is based on the reimbursement of actual costs incurred, up to the ceiling of 180 EUR per night. Km distance between the member s place of residence/employment and the place of meeting Ceiling of accommodation allowance (reimbursement of actual costs) < 150 km 0 > 150 km 180 EUR (5) An additional accommodation allowance may, exceptionally, be paid if prolonging the stay would enable the member to obtain a reduction in the cost of transport which is worth more than the amount of these allowances 10. SMSG s allowance: (6) Members of the Securities and Markets Stakeholder Group are entitled to a SMSG s allowance. The allowance is of 150 EUR per day of the meeting. (7) If the SMSG s member participates in a meeting via conference call, the allowance is reimbursed as a fixed allowance of EUR 37.50. 10 A justification is required, as well as a proof with price comparison. Page 10 of 18

Meeting type Amount of SMSG s allowance 1 day physical meeting 150 EUR Remote meeting (conference call) 37.5 EUR SMSG s preparation allowance: (8) In terms of preparation of a meeting, the SMSG s member is entitled to a fixed allowance of 150 EUR per meeting. Other: (9) The combined sum of travel expenses, daily allowance, accommodation and expert/preparation allowances received by an expert shall not exceed 10,000 EUR in any calendar year. (10) The allowances (accommodation, daily subsistence allowance, SMSG and preparation allowance) do not apply to meetings of the sub-structures or sub-groups of the Securities and Markets Stakeholder Group. 4.2.4 Experts for a working group/hearing/administrative support or similar (1) On a case by-case basis, ESMA s relevant Authorising Officer may decide to reimburse experts if it is in the interest of ESMA. If so, general provisions on financial contributions (Article 4.1) shall apply, together with the provisions below. (2) If the expert is a staff member of an EU institution or agency, ESMA may agree to reimburse directly to the EU institution or agency upon presentation of a debit note. In such a case, it is understood that the expert will apply in its entirety the mission rules of its institution or agency. Travel expenses: (3) For rail travel expenses, a first class travel is reimbursed. Daily subsistence allowance: (4) The daily subsistence allowance (a flat-rate amount) is granted per each day of meeting, according to the distance between the place of residence/employment and the place of meeting: Page 11 of 18

Km distance between the expert s place of residence/employment and the place of meeting (includes travel from outside EU) Amount of a daily allowance (flat-rate) < 50 km 0 > 50 km 102 EUR Accommodation allowance: (5) The accommodation allowance is based on the reimbursement of actual costs incurred, up to the ceiling of 180 EUR per night. Km distance between the expert s place of residence/employment and the place of meeting Ceiling of accommodation allowance (reimbursement of actual costs) < 150 km 0 > 150 km 180 EUR (6) An additional accommodation allowance may, exceptionally, be paid if prolonging the stay would enable the expert to obtain a reduction in the cost of transport which is worth more than the amount of these allowances 11. 4.2.5 Members/Alternates of the Board of Appeal (appointed by ESMA) (1) General provisions on financial contributions (Article 4.1) shall apply to the reimbursement of members/alternates of the Board of Appeal (BoA) 12. ESMA shall reimburse only members/alternates of the Board of Appeal of its origin (appointed by ESMA). Depending where a Board of Appeal s meeting takes place (typically Paris, London or Frankfurt), the financial contributions shall apply, as specified below. Travel expenses: (2) For rail travel expenses, a first class travel is reimbursed. (3) For travel by car, reimbursement of a rail ticket shall apply. Unless the route is not served by a train, in which case it shall be reimbursed at the rate of 0.22 EUR per km. The support- 11 A justification is required. 12 BoA: a joint body of the European Supervisory Authorities (ESAs): EBA, EIOPA and ESMA, provided for under Article 58 of the ESMA Regulation. Page 12 of 18

ing documents for the travel by car (e.g. a petrol/ toll bill) shall be provided for the reimbursement purposes. Daily subsistence allowance: (4) The daily subsistence allowance (a flat-rate amount) is granted per each day of meeting, according to the distance between the place of residence/employment and the place of meeting: Km distance between the member/alternate s place of residence/employment and the place of the BoA meeting Amount of a daily allowance (flat-rate) BoA meeting in Paris BoA meeting in London BoA meeting in Frankfurt < 50 km 0 0 0 > 50 km 102 EUR 125 EUR 97 EUR Accommodation allowance: (5) The accommodation allowance is based on the reimbursement of actual costs incurred per night, up to the set ceilings below. Km distance between the member/alternate s place of residence/employment and the place of the BoA meeting Ceiling of accommodation allowance, per night, reimbursement of actual costs BoA meeting in Paris BoA meeting in London BoA meeting in Frankfurt < 150 km 0 0 0 > 150 km 180 EUR 209 EUR 128 EUR Other: (6) An additional accommodation allowance may, exceptionally, be paid if prolonging the stay would enable a member/alternate to obtain a reduction in the cost of transport which is worth more than the amount of these allowances. (7) The accommodation allowance and/or daily allowance may be increased by 50% by reasoned decision of the responsible authorising officer for very high level experts, with a maximum of 300 EUR when the increase applies to both the daily and accommodation allowance. Page 13 of 18

Remuneration allowance for appeal cases: (8) Members and alternates of the Board of Appeal shall be entitled to remuneration when assigned to an appeal case. The remuneration of members and alternates participating in a case shall be 800 EUR per day, with a maximum of 8,000 EUR per case. (9) In the case of the President/Member nominated to preside over a case 13 of the Board of Appeal and the Rapporteur, such remuneration amounts shall be of 1,000 EUR and 20,000 EUR respectively for each person. Amount of remuneration per day Limit of remuneration per case Members and alternates of the Board of Appeal President/Member nominated to preside over a case of the Board of Appeal and the Rapporteur 800 EUR 8,000 EUR 1,000 EUR 20,000 EUR Remuneration for participation in regular meetings: (10) In addition to appeal cases, Board of Appeal s members and alternates are remunerated for their participation in regular meetings. The remuneration for participation in such meetings shall be 800 EUR per meeting. The number of such meetings shall not exceed one-day meeting per calendar year. Amount of remuneration per meeting Limit of meetings per year Members and alternates of the Board of Appeal 800 EUR One day meeting Remuneration for participation in other meetings: (11) In addition to regular meetings Board of Appeal s members and alternates are also entitled to reimbursement of travel and accommodation expenses in relation to exceptional ad hoc meetings, subject to joint invitation by the ESAs 14. 13 In case several appeal cases are run in parallel. 14 This includes participation of the members at conferences and events organised by the ESAs, which are of relevance to the Board of Appeal. In this case, the reimbursement of daily allowance does not apply. Page 14 of 18

4.2.6 Members/Alternates of the ESMA s Disciplinary Board (1) General provisions on financial contributions (Article 4.1) shall apply to the reimbursement of external members/alternates of the ESMA Disciplinary Board for meetings organised at ESMA. Travel expenses: (2) For rail travel expenses, a first class travel is reimbursed. Daily subsistence allowance: (3) The daily subsistence allowance (a flat-rate amount) is granted per each day of meeting, according to the distance between the place of residence/employment and the place of meeting: Km distance between the member/alternate s place of residence/employment and the place of meeting Amount of a daily allowance (flat-rate) < 50 km 0 > 50 km 102 EUR Accommodation allowance: (4) The accommodation allowance is based on the reimbursement of actual costs incurred, up to the ceiling of 180 EUR per night. Km distance between the member/alternate s place of residence/employment and the place of meeting Ceiling of accommodation allowance (reimbursement of actual costs) < 150 km 0 > 150 km 180 EUR Other: (5) An additional accommodation allowance may, exceptionally, be paid if prolonging the stay would enable a member/alternate to obtain a reduction in the cost of transport which is worth Page 15 of 18

more than the amount of these allowances. Remuneration for members and alternates of the ESMA s Disciplinary Board: (6) Members and alternates of the ESMA s Disciplinary Board, who are employed by another EU institution, will not receive any remuneration for the work related to their appointment as members of the Disciplinary Board in addition to their normal salary. (7) Members and alternates of the ESMA s Disciplinary Board, who are former members of an EU institution or another European organisation, will be remunerated on a daily basis at a level equivalent to 1/22 of the basic salary in grade AD14, step 1. Members/alternates of ESMA s Disciplinary Board Staff members employed at an EU institution Former staff members of an EU institution or of another European organisation Remuneration n/a 1/22 of basic salary AD14 step 1 4.2.7 Speakers for a seminar or training organised by ESMA (1) In principle, no reimbursement is foreseen for speakers to seminars or trainings. However, on a case by-case basis, ESMA s relevant Authorising Officer may decide to reimburse speakers if it is in the interest of ESMA. If so, general provisions on financial contributions (Article 4.1) shall apply, together with the provisions below. Travel expenses: (2) If reimbursed by ESMA, for rail travel expenses, a first class ticket. Daily subsistence allowance: (3) No daily subsistence allowance will be paid to speakers. Accommodation allowance: (4) If reimbursed by ESMA, an accommodation allowance based on the reimbursement of actual costs incurred, up to the ceiling of 180 EUR per night (for Paris). Page 16 of 18

5 Payments (1) The payment order shall be drawn up on the basis of a request for reimbursement, duly completed and signed by the: (a) external person; and (b) endorsed by the rapporteur/organiser of the meeting, responsible for certifying the external person s presence. (2) External persons must provide ESMA with the documents necessary for their reimbursement by email only, to the designated email address mentioned in ESMA s request for reimbursement form, no later than 30 calendar days after the final day of the meeting. The completed file should consist of: - a duly filled-in request for reimbursement; - if applicable, a legal entity form (LEF); - If applicable, a financial identification form (FIF); - scanned supporting documents for reimbursement (and if necessary, any additional justification). Although ESMA accepts scanned supporting documents, it still reserves the right to ask for originals, which must be kept by the external person, at least, until the reimbursement has been fully processed by ESMA. (3) If the rapporteur is not a member of ESMA s staff, he/she shall send a confirmed list of participants to the ESMA co-ordinator and request that participants submit expenses directly to the ESMA co-ordinator. The ESMA co-ordinator will not be able to authorise the payments if the rapporteur has not confirmed an individual s participation. (4) ESMA shall reimburse the external persons expenses within 30 calendar days from the reception by ESMA of the completed reimbursement request. (5) Unless an external person can provide a proper justification that is accepted by reasoned decision by the responsible authorising officer, failure to comply with Article 5.2 above will absolve ESMA from any obligation to reimburse travel expenses or pay any allowances. (6) Amounts due under the above rules shall be paid by a bank transfer in euro. Amounts shall be converted by means of the monthly conversion rates fixed by the European Commission 15. (7) Payments to accounts outside the eurozone may be subject to exchange rate variations and the account holder may be subject to shared costs for bank charges. 6 Liability (1) ESMA shall not be liable for any material, non-material or physical damage suffered by invited external persons or those responsible for accompanying a disabled person in the course of their journey to, or during the stay in the place where the meeting is held, unless such harm is directly attributable to ESMA. (2) In particular, invited persons who use their own means of transport for travelling to such meetings shall be entirely liable for any accidents. (3) Where, taking into account any expenses incurred by disabled persons as a result of their 15 http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/index_en.cfm Page 17 of 18

disability or any person accompanying them, the allowances provided for in this policy appear to be clearly inadequate, the expenses shall be reimbursed at the request of the responsible authorising officer on presentation of supporting documents. 7 Awareness campaign This policy will be published externally (on ESMA s website) and also internally (on ESMA s Intranet). 8 Consultation status The Finance and Procurement Team, the Human Resources Team and relevant Heads of Units/Departments have been consulted prior to the approval of the policy, giving 5 days time for any possible comments on the content of this document. 9 Data protection (1) In accordance with Article 5 (a) of Regulation (EC) 45/2001, the processing of a personal data is necessary for the performance of ESMA s tasks carried out in the public interest. In addition, with regard to the data provided on a voluntary basis, the data subjects (external persons) give their consent for its processing, which constitutes a complimentary ground for lawfulness of data processing, notably with regards to sensitive data. (2) All documents related to the financial reimbursement of travel expenses of external persons are kept in finance archives of ESMA for 2 years from the date of receipt. 10 Date of effect The above provisions shall apply as from 1 of January 2017 and the next revision of the document is due in the period of 3 years time. Page 18 of 18