Commission Delegated Regulation (EU) No 1398/2014Show full title

CHAPTER 6 U.K. COMPLIANCE WITH NATIONAL AND UNION LAW AND LAW OF THE HOSTING COUNTRY

Article 13 U.K. General provisions

1. Sending and hosting organisations shall ensure compliance with relevant national and Union law and with the law of the hosting country, including:

(a) Regulation (EU) No 375/2014, including respect of the general principles referred to in Article 5;

(b) Legislation applicable to the legal status of the EU Aid Volunteers;

(c) Applicable legislation on working conditions, health, safety and security of volunteers;

(d) Legislation on equal treatment and non-discrimination; and

(e) Legislation on the protection of personal data.

2. Sending and hosting organisations shall inform the EU Aid Volunteers of their rights and legal obligations deriving from the legislation referred to in paragraph 1 and of their rights to insurance coverage set out in the Commission Implementing Regulation to be adopted on the basis of Article 9(3) of Regulation (EU) No 375/2014.

Article 14 U.K. Legal status of an EU Aid Volunteer

1. The sending organisation shall comply with the legislation applicable to the legal status of an EU Aid Volunteer. It shall therefore prepare a deployment contract, as referred to in Article 14(5) of Regulation (EU) No 375/2014, to be signed by itself and by the EU Aid Volunteer. The contract shall indicate the legislation applicable to and the jurisdiction of the contract.

2. The sending organisation shall ensure respect of the contract by the hosting organisation and be liable for violations of the provisions of the deployment contract by the hosting organisation.

Article 15 U.K. Duty to inform the EU Aid Volunteer about tax rules

1. Prior to deployment, the sending organisation shall inform the EU Aid Volunteer about any fiscal rules applying to subsistence payments in the country of establishment of the sending organisation and, where relevant, in the country of deployment.

2. Where an EU Aid Volunteer is a not a resident of the country of establishment of the sending organisation, the sending organisation shall inform the EU Aid Volunteer of their obligation to acquaint themselves with the fiscal rules of their own country of residence applying to their specific situation.

Article 16 U.K. Data protection

1. The processing of personal data by sending and hosting organisations shall comply with Directive 95/46/EC of the European Parliament and of the Council(1) and Regulation (EC) No 45/2001 of the European Parliament and of the Council(2), where applicable.

2. Sending and hosting organisations shall ensure that abuse and misuse of personal data are prevented during any processing, including collection, use, disclosure and erasure of all personal data about candidate volunteers and EU Aid Volunteers. This concerns all actions regarding candidate volunteers and EU Aid Volunteers, in particular:

(a) recruitment and selection (including application forms, interview notes and self-assessment questionnaires); and

(b) preparation and management of the EU Aid Volunteers (including learning and development plans, performance reviews and records of mentoring support, medical checks or any disciplinary issues).

3. Sending and hosting organisations shall ensure that only relevant data is processed and that any personal data such as name, age, address and date of birth, including sensitive data, information regarding their recruitment, employment and performance shall be:

(a) collected lawfully and adequately for a legitimate purpose;

(b) processed fairly and lawfully;

(c) corrected or updated, where necessary;

(d) accessed only by authorised personnel;

(e) made accessible upon request to the candidate volunteer or EU Aid Volunteer concerned;

(f) kept securely; and

(g) kept no longer than necessary.

4. When processing data referred to in paragraph 3, the sending and hosting organisations shall seek the explicit consent of the EU Aid Volunteer.

5. Sending and hosting organisations shall inform the candidate volunteer or EU Aid Volunteer of their right to the protection of personal data, their right to complain and to use and access their own data and their right to know the identity of the entities that will have access to their personal data and to know what type of data each entity will have access to.

Article 17 U.K. Integrity and code of conduct

1. Sending and hosting organisations shall agree on an integrity policy designed to prevent corruption and bribery and on a code of conduct based on the sending organisation's management policy that shall be suitable for and apply to the EU Aid Volunteers with guidance on expected behaviours, decency and integrity required throughout their participation in the EU Aid Volunteers initiative.

2. The code of conduct shall be binding on the EU Aid Volunteers and shall include as a minimum the following requirements:

(a) Commitment to developing a sense of identity around the EU Aid Volunteers initiative and to contributing to its objectives;

(b) Respect for other people and their dignity and respect of the principle of non-discrimination;

(c) Respect of the humanitarian aid principles as referred to in Article 5(1) of Regulation (EU) No 375/2014;

(d) Commitment to the safeguarding of children and to the protection of vulnerable adults, including through a zero-tolerance to sexual abuse;

(e) Zero-tolerance to the use of drugs illegal in the country of deployment;

(f) Respect of local laws;

(g) Integrity, anti-fraud and anti-corruption;

(h) Maintaining high standards of personal and professional conduct;

(i) Compliance with security and health and safety procedures;

(j) Duty to report breaches and provisions for whistle-blowing;

(k) Rules on contact with the media and information management; and

(l) Rules prohibiting the misuse of the organisation's equipment.

3. Any breach of the code of conduct by an EU Aid Volunteer shall be dealt with according to the sending organisation's management policy.

4. If the breach is considered to constitute gross misconduct, it shall lead to early return of the EU Aid Volunteer and, if necessary, their conduct will be reported to any relevant professional or legal organisations or authorities.

Article 18 U.K. Safeguarding children and vulnerable adults, including zero tolerance towards sexual abuse

1. Sending and hosting organisations shall commit to a policy of zero-tolerance with regard to any abuse of children and/or vulnerable adults, including sexual abuse. They shall be able to report abuse, deal promptly and properly with incidents, support victims, prevent victimisation of whistle-blowers and hold perpetrators to account.

2. Sending and hosting organisations shall prevent abuse through the process used for selecting EU Aid Volunteers and their induction and training, by creating a culture of openness and awareness around the issue and by assigning clear management and oversight responsibilities.

3. The sending organisation shall carry out all legally required statutory checks in order to get clearance for candidate volunteers to work with these target groups.

4. Sending and hosting organisations shall inform the candidate volunteers or EU Aid Volunteers about the risks and recommended preventative measures, in order to ensure that abuse does not occur.

(1)

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(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).