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ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev. 2<br />

Annex III,rev.1<br />

Page 95<br />

i. an immediate member of the family of a TEP member directly employed by or<br />

sitting on the board of one of the Tenderers 32 or of its subsidiaries or<br />

subcontractors;<br />

ii.<br />

iii.<br />

iv.<br />

cases covered by regulation 3 “Loyalty” of the <strong>ESA</strong> Staff Regulations, Rules<br />

and Instructions; 33<br />

a TEP member who has applied for a position with one of the Tenderers or with<br />

one of its subsidiaries or subcontractors and is currently awaiting for an answer<br />

or has already been offered a position;<br />

a TEP member recruited by the Agency or by his current employer since less<br />

than twelve months and whose last employer is one of the Tenderers or one of<br />

its subsidiaries or subcontractors.<br />

5.3 Declaration of non-interest<br />

5.3.1 At the time of their appointment or at the time of the first TEP meeting whatever<br />

the earliest, TEP members are required to declare any known or potential conflict of<br />

interest which may impair the outcome of the tender action.<br />

32 for the purpose of the subject provision, are considered as Tenderers any companies who will be<br />

considered as sub- contractors or major suppliers in case of contracts award.<br />

33<br />

<strong>ESA</strong> STAFF REGULATIONS ; REGULATION 3 LOYALTY<br />

3.1 A staff member may not accept any honour from a government or other source external to the<br />

Agency without the permission of the Director General.<br />

3.2 Staff members shall abstain from all political activities and, more generally, from any public<br />

action or statement or publication if such activity, statement or publication is incompatible with<br />

the duties or obligations of an international civil servant or liable to involve the moral or<br />

material responsibility of the Agency.<br />

3.3 A staff member shall not hold any posts or have any regular or paid occupation outside the<br />

Agency without the Director General’s permission.<br />

3.4 A staff member, or his spouse, may not directly or indirectly hold such interests in a commercial<br />

firm as could, by their nature, compromise his independence in the discharge of his duties in the<br />

Agency.<br />

Rule 3/1<br />

Loyalty – General provisions<br />

(i)<br />

(ii)<br />

(iii)<br />

The Director General shall have discretion to judge whether or not honours, and outside<br />

remunerations, activities and interests, are compatible with employment by the Agency and with<br />

the performance of a staff member's duties.<br />

The staff member concerned shall submit in writing, through his Personnel Officer, any<br />

applications for permission and statements which the Director General will need in order to<br />

form his judgement in the cases referred to above. The provisions relating specifically to certain<br />

of such statements and applications are given in Rules 3.1/1 to 3.4/1.<br />

An omission or false statement in infringement of Regulation 3 may lead to the termination of a<br />

staff member’s appointment under Regulation 15.3(iii) or his dismissal under Regulation<br />

25.2(iv)

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