1976R1860 — EN — 01.04.1979 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(ECSC,EEC,EURATOM)No1860/76
of29June1976
layingdowntheConditionsofEmploymentofStaffoftheEuropeanFoundationfortheImprove-
mentofLivingandWorkingConditions
(OJ L 214, 6.8.1976, p. 24)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC, Euratom, ECSC) No 1238/80 of 13 May 1980 L 127 4 22.5.1980
▼B
COUNCILREGULATION(ECSC,EEC,EURATOM)No1860/76
of29June1976
laying down the Conditions of Employment of Staff of the
EuropeanFoundationfortheImprovementofLivingandWorking
Conditions
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to Council Regulation (EEC) No 1365/75 of 26 May1975 on the creation of a European Foundation for the Improvementof Living and Working Conditions(
1), and in particular Article 17
thereof,
Having regard to the proposal from the Commission,
Whereas it is for the Council, acting on a proposal from the Commis-
sion, to adopt provisions governing the staff of this Foundation,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERALPROVISIONS
Article 1
1. These Conditions of Employment shall apply to:
— the director and deputy director of the Foundation,
— the staff of the Foundation,— the local staff of the Foundation.
2. For the purposes of these Conditions of Employment, staff
engaged to fill a post which is included in the budget of the Foundation
shall be regarded as staff of the Foundation.
3. For the purposes of these Conditions of Employment, ‘local staff’
means staff engaged according to local practice for manual or serviceduties, assigned to a post not included in the list of posts appended tothe budget of the Foundation and paid from the total appropriationsfor
the purpose under the budget.
4. The director, who shall be nominated by the Commission of the
European Communities, shall be engaged in a post which is included inthe list of posts appended to the budget of the Foundation for thepurpose of exercising the duties provided for in Article 9 of Regulation
(EEC) No 1365/75.
The deputy director, who shall be nominated by the Commission of the
European Communities, shall be engaged in a post which is included inthe list of posts appended to the budget of the Foundation for thepurpose of assisting the director and replacing him should he be absentor otherwise prevented from performing his duties.
5. The director hasthe power to conclude contractsof employment
with the staff referred to in paragraphs 2 and 3.
The chairman of the Administrative Board of the Foundation shall have
the power to sign the contracts of employment with the director anddeputy director.1976R1860 — EN — 01.04.1979 — 001.001 — 2
(1) No L 139, 30. 5. 1975, p. 1.
▼B
TITLE II
THESTAFFOFTHEFOUNDATION
CHAPTER 1
Article 2
Staff may be engaged for a fixed or indefinite period.Fixed-term contractsmay not be concluded for periodsof more than
five yearsand s hall be renewable.
Article 3
Staff shall not be engaged for any purpose other than that of filling, in
accordance with this Title, vacant posts included in the list of posts
appended to the budget of the Foundation. Every vacant post which isto be filled shall be advertised in an appropriate manner. The adver-tising procedure shall be established by the Administrative Board.
Article 4
Staff shall be divided into four categories, subdivided into grades corre-
sponding to the duties to be performed.
Staff shall be graded according to qualifications and experience.
The following table shows the corresponding grade for each basic post:
Category Grades Basic post
A A 5 Principal Administrator
A6/C148/C147/C147/C147/C149/C147/C147/C147/C150AdministratorA7
A 8 Assistant Administrator
B B 1 Principal Administrative Assistant
B 3 Senior Administrative Assistant
B 5 Administrative Assistant
C/C144/C147/C147/C147/C145/C147/C147/C147/C146C1Principal Secretary
Principal Clerical Officer
C2/C148/C147/C147/C147/C149/C147/C147/C147/C150Secretary/Shorthand Typist
Clerical Officer C3
/C144/C147/C147/C147/C145/C147/C147/C147/C146C5Typist
Clerical Assistant
D D 2 Skilled Employee
D 4 Unskilled Employee
By reference to this table, the Administrative Board shall, by agree-
ment with the Commission of the European Communities, define the
duties and powers attaching to each basic post.
Article 5
The grade and step at which staff are engaged shall be stated in their
contract.
A staff member shall be recruited at the first step in his grade.
However, the director may, taking account of the training and specialexperience for the post of the person concerned, allow additionalseniority in his grade. This shall not exceed 48 months.
Assignment of staff to a post carrying a higher grade than that at which
they were engaged shall be recorded in an agreement supplementary totheir contract of employment.1976R1860 — EN — 01.04.1979 — 001.001 — 3
▼B
Article 6
1. A Staff Committee shall be set up which shall perform the duties
assigned to it by these Conditions of Employment.
2. The composition and procedure of this Committee shall be deter-
mined by the Administrative Board of the Foundation in accordancewith Annex I.
3. The Staff Committee shall represent the interests of the staff vis-
à-visthe Foundation and maintain continuouscontact between the
Foundation and the staff. It shall contribute to the smooth running ofthe Foundation by providing a channel for the expression of opinionby the staff.
It shall bring to the notice of the director any difficulty having general
implicationsconcerning the interpretation and application of thes eConditionsof Employment. It may be cons ulted on any difficulty of
thiskind.
The Committee shall submit to the director suggestions concerning the
organization and operation of the service and proposals for the
improvement of staff working conditions or general living conditions.
4. A staff member whose contract is for more than one year or for
an indefinite period shall be entitled to vote in elections and stand for
election to the Staff Committee.
A staff member whose contract is for less than one year shall also be
entitled to vote if he hasbeen employed by the Foundation for at leas t
six months.
CHAPTER 2
Rightsandobligations
Article 7
Staff shall carry out their duties and conduct themselves solely with the
interests of the Foundation in mind; they shall neither seek nor take
instructions from any government, authority, organization or person
outside the Foundation.
They shall not without the permission of the director accept from any
government or from any other source outside the Foundation any
honour, decoration, favour, gift or payment of any kind whatever,except for services rendered either before engagement or during leavefor military or other national service and in respect of such service.
Article 8
Staff shall abstain from any action and, in particular, any public
expression of opinion which may reflect on their position.
They may not engage in an outside activity, whether gainful or not.
Article 9
If the spouse of a staff member is in gainful employment, the staff
member shall inform the director thereof.
Should the nature of the employment prove to be incompatible with
that of the staff member and if the staff member is unable to give an
undertaking that it will cease within a specified period, the director
shall decide whether he is to continue in his post.
Article 10
Any staff member who in the performance of his duties is called upon
to decide on a matter in the handling or outcome of which he hasapersonal interest such as to impair his independence shall inform thedirector thereof.1976R1860 — EN — 01.04.1979 — 001.001 — 4
▼B
Article 11
A staff member who is a candidate for parliamentary election shall
apply for unpaid leave for a period not exceeding three months.
The director shall consider the case of any staff member so elected.
Having regard to the importance of the position to which the staffmember has been elected and the duties it entails, the director shalldecide whether the staff member concerned should continue in activeemployment or apply for unpaid leave. In the latter case, the durationof the leave shall be equal to the term for which the staff member has
been elected.
Article 12
After leaving the service staff shall continue to be bound by the duty to
behave with integrity and discretion as regards the acceptance ofcertain appointmentsor benefits .
Article 13
Staff shall exercise the greatest discretion with regard to all facts and
information coming to their knowledge in the course of or in connec-tion with the performance of their duties; they shall not in any manner
whatsoever disclose to any unauthorized person any document or infor-
mation not already made public. They shall continue to be bound bythisobligation after leaving the s ervice.
Staff members shall not, whether alone or together with others, publish
or cause to be published, without the permission of the director, anymatter dealing with the work of the Foundation. Permission shall berefused only where the proposed publication is liable to prejudice theinterests of the Foundation.
Article 14
All rightsin any writingsor other work done by s taff in the perfor-
mance of their dutiess hall be the property of the Foundation.
Article 15
Staff shall not, without permission from the director, disclose on any
groundswhats oever, in any legal proceedingsinformation of whichthey have knowledge by reason of their duties. Permission shall berefused only where the interests of the Foundation so require and suchrefusal would not entail criminal consequences as far as the staff
member in question is concerned. Staff shall continue to be bound by
thisobligation after leaving the s ervice.
The preceding paragraph shall not apply to staff or former staff giving
evidence before the Court of Justice of the European Communities on a
matter concerning staff or former staff of the Foundation.
Article 16
Staff shall reside either in the place where they are employed or at no
greater distance therefrom than is compatible with the proper perfor-mance of their duties.
Article 17
Whatever his rank, a staff member shall assist and tender advice to his
superiors; he shall be responsible for the performance of the dutiesassigned to him.
A staff member in charge of any branch of the service shall be respon-
sible to his superiors in respect of the authority conferred on him andfor carrying out instructions given by him. The responsibility of his
subordinates shall in no way release him from his own responsibilities.
A staff member who receives instructions which he considers to be
irregular or likely to give rise to serious difficulties shall inform his1976R1860 — EN — 01.04.1979 — 001.001 — 5
▼B
immediate superior thereof, if necessary in writing. If he then receives
written confirmation of the instructions from his superior, he shall carrythem out unless they constitute a breach of criminal law.
Article 18
A staff member may be required to make good, in whole or in part, any
damage suffered by the Foundation as a result of serious misconduct on
hispart in the cours e of or in connection with the performance of his
duties.
A reasoned decision shall be given by the director in accordance with
the procedure laid down with regard to disciplinary matters.
The Court of Justice of the European Communities shall have unlim-
ited jurisdiction in disputes arising under this provision.
Article 19
The privileges and immunities enjoyed by staff are accorded solely in
the interests of the Foundation. Subject to the Protocol on Privilegesand Immunities of the European Communities, staff shall not beexempt from fulfilling their private obligationsor from complying
with the lawsand police regulationsin force.
Article 20
The Foundation shall assist every staff member, in particular in
proceedings against any person perpetrating threats, insulting or defa-
matory acts or utterances, or any attack to person or property towhich he or a member of his family is subjected by reason of his posi-tion or duties.
It shall compensate him for damage suffered in such cases, in so far as
the staff member did not either intentionally or through grave negli-gence cause the damage and has been unable to obtain compensationfrom the person who did cause it.
It shall facilitate such further training and instruction for staff as is
compatible with the proper functioning of the service and is in accor-dance with its own interests.
Article 21
Staff shall be entitled to exercise the right of association; they may in
particular be members of trade unions or staff associations.
Article 22
Staff may submit requests to the director.
Any decision relating to a specific individual which is taken under
these Conditions of Employment shall, without delay, be communi-cated in writing to the staff member concerned. Any decision
adversely affecting a staff member shall state the reasons on which it
isbas ed.
Specific decisions regarding the administrative status of a staff member
shall be posted without delay in the premises of the Foundation.
CHAPTER 3
Conditionsofengagement
Article 23
1. The engagement of staff shall be directed to securing for the
Foundation the services of persons of the highest standard of ability,
efficiency and integrity, recruited on the broadest possible geographical
basis from among nationals of the Member States of the EuropeanCommunities.
Staff shall be selected without reference to race, creed or sex.1976R1860 — EN — 01.04.1979 — 001.001 — 6
▼B
No posts shall be reserved for nationals of any specific Member State.
2. A staff member may be engaged only on condition that:
(a) he isa national of one of the Member Statesof the European
Communities, unless an exception is authorized by the Administra-
tive Board, and enjoyshisfull rightsasa citizen;
(b) he hasfulfilled any obligationsimpos ed on him by the laws
concerning military service;
(c) he producesthe appropriate character referencesasto hiss uitability
for the performance of hisduties ;
(d) he is physically fit to perform his duties; and
(e) he producesevidence of a thorough knowledge of one of the
languages of the European Communities and of a satisfactoryknowledge of another language of the Communitiesto the extentnecessary for the performance of his duties.
Article 24
Before being engaged, a staff member shall be medically examined by
a medical practitioner appointed by the Foundation in order that the
Foundation may be satisfied that he fulfils the requirements of Article
23 (2) (d).
Article 25
A staff member may be required to serve a probationary period not
exceeding six months.
On expiry of the probationary period, the employment of a staff
member whose work has not proved adequate shall be terminated. Insuch case, the staff member shall receive compensation equal to one-third of his basic salary for each complete month worked on probation.
CHAPTER 4
Workingconditions
Article 26
Staff in active employment shall at all times be at the disposal of the
Foundation.
However, the normal working week shall not exceed 42 hours, the
hoursof the working day to be determined by the director.
Article 27
Staff may not be required to work overtime except in cases of urgency
or exceptional pressure of work; night work and all work on Sundaysor public holidayss hall be authorized only in accordance with the
procedure laid down by the director. The total overtime which a staff
member may be asked to work shall not exceed 150 hours in any sixmonths.
Overtime worked by staff in Categories A and B shall carry no right to
compensation or remuneration.
Asprovided in Annex II, overtime worked by s taff in CategoriesC and
D shall entitle them either to compensatory leave or to remuneration
where the requirements of the service do not allow compensatory leave
during the month following that in which the overtime wasworked.
Article 28
Staff shall be entitled to annual leave of not less than 24 working days
nor more than 30 working daysper calendar year, in accordance withrulesto be laid down by the Adminis trative Board in agreement withthe Commission of the European Communities, after consulting theStaff Committee.1976R1860 — EN — 01.04.1979 — 001.001 — 7
▼B
Apart from thisannual leave, s taff may exceptionally, on application,
be granted special leave. The rules relating to such leave are laiddown in Annex III.
Article 29
Pregnant women shall, in addition to the leave provided for in Article
28, be entitled on production of a medical certificate to leave startingsix weeks before the excepted date of confinement shown in the certi-ficate and ending eight weeksafter the date of confinement; s uch leaveshall not be for less than 14 weeks.
Article 30
1. A staff member who provides evidence of incapacity to perform
his duties because of sickness or accident shall automatically beentitled to paid sick leave.
He shall notify the Foundation of his incapacity as soon as possible and
at the same time state his present address. He shall produce a medicalcertificate if he is absent for more than three days. He may be requiredto undergo a medical examination arranged by the Foundation.
If, over a period of 12 months, a staff member is absent for up to three
days because of sickness for a total of more than 12 days, the directorshall take a decision on the advice of the medical practitioner desig-nated by the Foundation after consulting a medical practitionerdesignated by the staff member.
Paid sick leave shall not, however, exceed the length of time, which
must in any event be not less than one month, worked by the staffmember. The leave shall not extend beyond the term of his contract.
On expiry of these time limits, a staff member whose contract is not
terminated, despite his inability to resume his duties, shall be placedon unpaid leave.
However, where a staff member contracts an occupational disease or
sustains an accident in the performance of his duties, he shall continueto receive hisfull remuneration throughout the period during which he
isincapable of working until s uch time ashe isawarded the benefits
laid down for thispurpos e by the national lawsthat are applicablepursuant to Article 38.
2. Staff shall undergo a medical check-up every year either by a
medical practitioner designated by the Foundation or by a medicalpractitioner of their choice.
In the latter case, the practitioner's fees shall be payable by the Foun-
dation up to a maximum fixed by the Administrative Board.
Article 31
Except in case of sickness or accident, a staff member may not be
absent without prior permission from his immediate superior. Withoutprejudice to any disciplinary measures that may apply, any unauthor-
ized absence which is duly established shall be deducted from the
annual leave of the person concerned. If he has used up his annualleave, he shall forfeit his remuneration for an equivalent period.
If a staff member wishes to spend sick leave elsewhere than at the
place where he is employed, he shall obtain prior permission from thedirector.
Article 32
A list of public holidays shall be drawn up by the Administrative Board
in agreement with the Commission of the European Communities afterconsulting the Staff Committee.1976R1860 — EN — 01.04.1979 — 001.001 — 8
▼B
Article 33
In exceptional circumstances a staff member may at his own request be
granted unpaid leave on compelling personal grounds. The director
shall determine the length of such leave, which shall not exceed one-
quarter of the length of time already worked by the staff memberconcerned or three months, whichever is the shorter.
Any period of leave granted in accordance with the first paragraph
shall not count for purposes of the application of the second paragraphof Article 35.
Article 34
A staff member who is recalled to serve in the armed forces shall be
placed on leave with full remuneration, for a period equal to the lengthof time worked by him, up to a maximum of three months. At the end
of this period he shall, for the remainder of his service in the armed
forcesand up to a maximum of half the length of time worked byhim, receive compensation equal to one-third of his basic salary. Atthe end of thisfurther period he s hall be placed on unpaid leave.
However, the paymentsprovided for in the preceding paragraph s hall
be reduced by the amount of service pay received by the person
concerned during the relevant period.
CHAPTER 5
Remunerationandexpenses
Article 35
In accordance with Annex IV a staff member shall be entitled to the
remuneration carried by hisgrade and s tep.
A staff member who has been at one step in his grade for two years
shall automatically advance to the next step in that grade.
Article 36
In the event of a staff member's death, the surviving spouse or depen-
dent children shall receive the deceased's full remuneration until theend of the third month after the month in which the death occurred.
Article 37
A staff member shall be entitled, as provided for in Annex IV, to reim-
bursement of expenses incurred by him on taking up appointment orleaving the service, and also to reimbursement of expenses incurred inthe course of or in connection with the performance of their duties.
CHAPTER 6
Socialsecuritybenefits
Article 38
1. So that staff members are insured against sickness, accident, inva-
lidity and death and can build up a retirement pension, they shall be
subject to the social security laws in force in the Member State inwhich they are employed.
However, as regards the provisions other than those relating to family
allowances(regulationsfor the granting of which are provided for inAnnex IV), staff members may choose between the legislation of the
aforesaid Member State, that of the Member State to which they were
last subject or that of the Member State of which they are nationals.This choice, which may be exercised only once within six months ofthe date on which the contract of employment isconcluded or thisRegulation entersinto force, s hall have effect from the date of entryinto service.1976R1860 — EN — 01.04.1979 — 001.001 — 9
▼B
The Foundation shall pay the employer's contributions required under
the legislation applicable where the staff member is affiliated to acompulsory social security scheme, or two-thirds of the member's
contributionswhere he remainsvoluntarily affiliated to the national
social security scheme of which he was a member before he enteredthe service of the Foundation or voluntarily joins a national socialsecurity scheme.
2. Where it is not possible to apply paragraph 1, staff members shall
be insured, at the expense of the Foundation, against sickness, accident,invalidity and death and for the provision of a retirement pension, forthe equivalent of the two-thirds share specified in paragraph 1. Detailedrules for applying the foregoing shall be laid down by the Administra-tive Board after consultation with the Staff Committee.
Article 39
1. On the birth of a child to a staff member, the member shall
receive a grant of Bfrs7 000.
2. The grant provided for in paragraph 1 shall also be payable in the
event of termination of pregnancy after not less than seven months.
3. A staff member receiving a grant on the birth of a child shall
declare any grants of the same nature which he or his spouse receivefrom other sources for the same child; such grants shall be deductedfrom the grant provided for above. If the father and mother are
members of the staff of the Foundation, the grant shall be paid to the
mother only.
Article 40
In the event of a staff member's death, the Foundation shall bear the
costs involved in transporting the body to his place or origin.
Article 41
Gifts, loans or advances may be made to staff members who are in a
particularly difficult position as a result, inter alia , of serious or
protracted illness or by reason of family circumstances.
The foregoing paragraph shall apply by analogy to a former staff
member after expiry of his contract where, as a result of a serious orprotracted illness contracted, or of an accident sustained during hisemployment, he is incapable of working and proves that such illnessor accident is not covered by another social security scheme.
CHAPTER 7
Recovery ofoverpayments
Article 42
Any sum overpaid shall be recovered if the recipient was aware that
there wasno due reas on for the payment or if the fact of the overpay-ment waspatently s uch that he could not have been unaware of it.
CHAPTER 8
Appeals
Article 43
1. Any person to whom these Conditions of Employment apply may
submit to the director a request that he take a decision relating to him.
The director shall notify the person concerned of his reasoned decisionwithin four monthsfrom the date on which the reques t wasmade. If atthe end of that period no reply to the request has been received, thisshall be deemed to constitute an implied decision rejecting it, againstwhich a complaint may be lodged in accordance with paragraph 2.1976R1860 — EN — 01.04.1979 — 001.001 — 10
▼B
2. Any person to whom these Conditions of Employment apply may
submit to the Administrative Board a complaint against an actadversely affecting him, either where the director has taken a decision
or where he has failed to adopt a measure prescribed by the Conditions
of Employment. The complaint must be lodged within three months.The period shall start to run:
— on the date of notification of the decision to the person concerned,
but in no case later than the date on which he became aware of thedecision, if the measure affects a specified person; if, however, an
act affecting a specified person also adversely affects another
person, the period shall start to run in respect of that other personon the date on which he receivesnotification thereof but in no cas elater than the date of publication;
— on the date of expiry of the period prescribed for reply where the
complaint concerns an implied decision rejecting a request as
provided in paragraph 1.
The Administrative Board shall notify the person concerned of its
reasoned decision within four months from the date on which the
complaint waslodged. If at the end of that period no reply to thecomplaint has been received, this shall be deemed to constitute animplied decision rejecting it, against which an appeal may be lodgedunder Article 44.
3. A request or complaint by a staff member shall be submitted
through his immediate superior, except where it concerns that person,in which case it may be submitted direct to the authority next above.
Article 44
1. The Court of Justice of the European Communities shall have
jurisdiction in any dispute between the Foundation and any person to
whom these Conditions of Employment apply regarding the legality of
an act adversely affecting such person within the meaning of Article 43(2). In disputes of a financial character the Court of Justice shall haveunlimited jurisdiction.
2. An appeal to the Court of Justice of the European Communities
shall lie only if:
— the Administrative Board has previously had a complaint submitted
to it pursuant to Article 43 (2) within the period prescribed therein,and
— the complaint has been rejected by express or implied decision.
3. Appeals under paragraph 2 shall be filed within three months.
The period shall begin:
— on the date of notification of the decision taken in response to the
complaint;
— on the date of expiry of the period prescribed for the reply where
the appeal is against an implied decision rejecting a complaintsubmitted pursuant to Article 43 (2); nevertheless, where acomplaint is rejected by express decision after being rejected byimplied decision but before the period for lodging an appeal has
expired, the period for lodging the appeal shall start to run afresh.
4. By way of derogation from paragraph 2, the person concerned
may, after submitting a complaint to the Administrative Board pursuant
to Article 43 (2), immediately file an appeal with the Court of Justice,
provided that such appeal is accompanied by an application either for astay of execution of the contested act or for the adoption of interimmeasures. The proceedings in the principal action before the Court ofJustice shall then be suspended until such time as an express or implied
decision rejecting the complaint is taken.
5. Appeals under this Article shall be investigated and heard as
provided in the Rulesof Procedure of the Court of Jus tice of theEuropean Communities.1976R1860 — EN — 01.04.1979 — 001.001 — 11
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CHAPTER 9
Terminationofemployment
Article 45
Apart from cessation on death, employment shall cease:
1. where the contract isfor a fixed period:
(a) on the date stated in the contract;
(b) at the end of the period of notice specified in the contract, where
the latter contains a clause giving the staff member or the Foun-dation the option to terminate earlier. Such period of notice shallbe not more than three months;
(c) at the end of the month in which the staff member reaches the
age of 65 years.
If the Foundation terminates the contract, the staff member shall be
entitled to compensation equal to one-third of his basic salary forthe period between the date when hisdutiesend and the date when
hiscontract expires ;
2. where the contract isfor an indefinite period:
(a) at the end of the period of notice stipulated in the contract; the
length of the period of notice shall not be less than two days foreach completed month of service, subject to a minimum of 15days and a maximum of three months. The period of notice shall
not, however, commence to run during maternity leave or sick
leave, provided such sick leave does not exceed three months.It shall, moreover, be suspended during maternity or sick leavesubject to the limit aforesaid;
(b) at the end of the month in which the staff member reaches the
age of 65 years.
Article 46
Employment, whether for a fixed or for an indefinite period:
1. shall be terminated by the Foundation without notice if the staff
member is called to serve in the armed forces;
2. may be terminated by the Foundation without notice:
(a) at the end of the probationary period in accordance with the
second paragraph of Article 25;
(b) without prejudice to Article 11, if the staff member is elected to
public office and the director considers such public office to be
incompatible with the discharge of his normal duties with theFoundation;
(c) if the staff member ceases to satisfy the requirements of Article
23 (2) (a) and (d);
(d) if the staff member is unable to resume his duties at the end of a
period of paid sick leave as provided for in Article 30. In suchcase the staff member shall receive an allowance equal to hisbasic salary plus family allowances at the rate of two days foreach completed month of service.
Article 47
1. Employment may be terminated without notice on disciplinary
grounds in serious cases of failure of staff to comply with their obliga-tions, whether intentionally or through negligence on their part. A
reasoned decision shall be taken by the director after the person
concerned hashad an opportunity to s ubmit hisdefence.
2. In such cases the director may decide to withhold in whole or in
part the resettlement allowance provided for in Annex IV.1976R1860 — EN — 01.04.1979 — 001.001 — 12
▼B
Article 48
1. The employment of a staff member shall be terminated by the
Foundation, without notice if the director finds:
(a) that at the time of his engagement he deliberately furnished false
information as to either his professional ability or the requirements
of Article 23 (2); and
(b) that the false information furnished was a determining factor in his
being engaged.
2. In such case the director shall, after hearing the staff member
concerned, declare that hisemployment isterminated. The s taff
member shall then immediately cease to perform his duties. Article 47(2) shall apply.
TITLE III
LOCALSTAFF
Article 49
Subject to the provisions of this Title, the conditions of employment of
local staff, in particular:
(a) the manner of their engagement and termination of their contract,
(b) their leave, and
(c) their remuneration,
shall be determined by the Administrative Board in agreement with the
Commission of the European Communities in accordance with currentrulesand practice in the place where they are to perform their duties .
Article 50
As regards social security, the Foundation shall be responsible for the
employer's share of the social security contributions under current regu-
lations in the place where the local staff are to perform their duties.
Article 51
Any dispute between the Foundation and a member of the local staff
shall be submitted to the competent court in accordance with the lawsin force in the place where the member of the local staff concernedperformshisduties .
Article 52
A member of the local staff whose contract is for more than one year
or for an indefinite period shall be entitled to vote in elections andstand for election to the Staff Committee. A member of the local staff
whose contract is for less than one year shall also be entitled to vote if
he has been employed for at least six months.
TITLE IV
THEDIRECTORANDTHEDEPUTYDIRECTOR
Article 53
1. Without prejudice to Article 54, the provisions applicable to the
director and deputy director shall be determined by the AdministrativeBoard.
2. The deputy director shall assist the director and replace him when
he is absent or otherwise prevented from carrying out his duties.
Article 54
Articles3, 7, 8, 10, 12, 13, 15, 16, 18, 19, 20 and 21, concerning rights
and obligations, and Articles 43 and 44 concerning appeals by staff of1976R1860 — EN — 01.04.1979 — 001.001 — 13
▼B
the Foundation shall apply by analogy to the director and the deputy
director.
TITLE V
PRIVILEGESANDIMMUNITIES
Article 55
Articles12 to 16 of the Protocol on the Privilegesand Immunitiesof
the European Communities shall apply to staff of the Foundation aswell asto the director and the deputy director.
Local staff shall be covered by Article 12 (a) of this Protocol.
TITLE VI
TAXATION
Article 56
Council Regulation (EEC, Euratom, ECSC) No 260/68 of 29 February
1968 laying down the condition and procedure for applying the tax for
the benefit of the European Communities(
1) shall apply by analogy to
staff of the Foundation as well to the director and deputy director.
Tax shall be collected by the Foundation by means of deduction at
source. The tax proceeds shall be entered as revenue in the budget ofthe European Communities.
TITLE VII
FINALPROVISION
Article 57
The general provisions for giving effect to these Conditions of Employ-
ment shall be adopted by the Administrative Board, with the agreementof the Commission of the European Communities, on a proposal fromthe director and after consulting the Staff Committee.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1976R1860 — EN — 01.04.1979 — 001.001 — 14
(1) OJ No L 56, 4. 3. 1968, p. 8.
▼B
ANNEX I
COMPOSITIONANDPROCEEDINGSOFTHESTAFFCOMMITTEE
Sole Article
The Staff Committee shall comprise the members thereof, together with their
alternates if any, whose term of office shall be two years. The Foundation
may, however, decide to fix a shorter term of office which may not be less
than one year.
The conditionsfor election to the Staff Committee s hall be laid down by the
general meeting of the staff in service at the relevant place of employment.
Election shall be by secret ballot.
Membership of the Staff Committee shall be such as to ensure the representation
of all categoriesof s taff.
Elections to the Staff Committee shall be valid only if two-thirds of the staff
entitled to vote take part. However, if thisproportion isnot attained, the s econd
vote shall be valid if the majority of those entitled take part.
The dutiesundertaken by membersof the Staff Committee and by s taff
appointed to organs set up by the Foundation shall be deemed to be part of their
normal service. The fact of performing such duties shall in no way be prejudi-
cial to the person concerned.1976R1860 — EN — 01.04.1979 — 001.001 — 15
▼B
ANNEX II
COMPENSATORYLEAVEANDREMUNERATIONFOROVERTIME
Article 1
Within the limitslaid down in Article 27 of the Conditionsof Employment,
overtime worked by a staff member in Category C or D shall entitle him to
compensatory leave or to remuneration as follows:
(a) for each hour of overtime, he shall be entitled to one hour off as compensa-
tory leave; if the hour of overtime isworked between 2200 hoursand 0700
hoursor on a Sunday or on a public holiday, the entitlement to compens a-tory leave shall be one hour and a half; in the granting of compensatory
leave, account shall be taken of the exigencies of the service and the prefer-
ence of the staff member concerned;
(b) where the exigencies of the service do not permit compensatory leave to be
taken during the month following that during which the overtime was
worked, the director shall authorize remuneration for uncompensated hours
of overtime at the rate of 0·72% of the monthly basic salary for each hour of
overtime on the basis set out in subparagraph (a);
(c) to qualify for compensatory leave or remuneration for one hour's overtime,
the extra time worked must have been more than 30 minutes.
Article 2
If a staff member is travelling on mission, travelling time shall not be treated as
overtime for the purposes of this Annex. As regards hours worked at the place
of assignment in excess of the normal number of working hours, compensatory
leave or remuneration, as the case may be, may be allowed by decision of the
director.
Article 3
Notwithstanding Articles 1 and 2 remuneration for overtime worked by certain
groups of staff in Categories C and D in special conditions may be paid in the
form of a fixed allowance the amount and termsof which s hall be determined
by the Administrative Board after consulting the Staff Committee.1976R1860 — EN — 01.04.1979 — 001.001 — 16
▼B
ANNEX III
LEAVE
Section 1
ANNUAL LEAVE
Article 1
In the year in which a staff member enters or leaves the service, he shall be
entitled to two working days' leave per complete month of service, to two
working days for an incomplete month consisting of more than 15 days and to
one working day for an incomplete month of 15 days or less.
Article 2
Annual leave may be taken all at once or in several periods as desired by the
staff member and according to the exigencies of the service. It must, however,
include at least one period of two consecutive weeks. Staff entering the service
shall be granted annual leave only after completing three months' duty; leave
may be approved earlier than this in exceptional cases for reasons duly substan-
tiated.
Article 3
If, during annual leave, a staff member contracts an illness which would have
prevented him from attending for duty if he had not been on leave, hisannual
leave shall be extended by the duration of his incapacity, subject to production
of a medical certificate.
Article 4
Where a staff member, for reasons other than the requirements of the service,
hasnot us ed up hisannual leave before the end of the current calendar year,
the amount of leave which may be carried over to the following year shall not
exceed 12 days.
Where a staff member at the time of leaving the service has not used up all his
annual leave, he shall be paid compensation equal to one-thirtieth of his
monthly remuneration at the time of leaving the service for each day's leave
due to him.
A sum calculated in the manner provided in the preceding paragraph shall be
deducted from payment due to a staff member who at the time of leaving the
service has drawn annual leave in excess of his entitlement up to that date.
Article 5
Where a staff member is recalled to duty for service reasons while on annual
leave or has had his leave cancelled, any costs incurred by him shall be reim-
bursed, subject to production of appropriate evidence, and travelling time shall
be granted afresh.
Section 2
SPECIAL LEAVE
Article 6
In addition to annual leave, staff may, on application, be granted special leave.
In particular, in the following cases special leave shall be granted as shown:
— marriage of the staff member: four days,
— change of residence of the staff member: up to two days,— serious illness of spouse: up to three days,
— death of spouse: four days,
— serious illness of a relative in the ascending line: up to two days,— death of a relative in the ascending line: two days,
— birth or marriage of a child: two days,
— serious illness of a child: up to two days,
— death of a child: four days.1976R1860 — EN — 01.04.1979 — 001.001 — 17
▼B
Section 3
TRAVELLING TIME
Article 7
To the period of leave provided for in Section 1 above shall be added travelling
time based on the distance by rail between the place of leave and the place of
employment, calculated asfollows :
— 50 to 250 km: one day for the outward-and-return journey,
— 251 to 600 km: two daysfor the outward-and return journey,— 601 to 900 km: three daysfor the outward-and return journey,— 901 to 1 400 km: four daysfor the outward-and return journey,— 1 401 to 2 000 km: five daysfor the outward-and-return journey,— more than 2 000 km: six days for the outward-and return journey.
Special exceptionsmay be granted on application by the pers on concerned on
production of evidence that the outward-and-return journey cannot be completed
in the time allowed.
For the purposes of this Article, the place of leave in respect of annual leave is
the staff member's place of origin.
The preceding provisions shall apply to staff whose place of employment and
place of origin are in Europe. Should the place of employment and/or origin be
outside Europe, the travelling time shall be fixed by special decision taking into
account particular needs.
Where special leave is granted in pursuance of Section 2 above, any travelling
time shall be fixed by special decision taking into account particular needs.1976R1860 — EN — 01.04.1979 — 001.001 — 18
▼B
ANNEX IV
REMUNERATIONANDEXPENSES
Section 1
GENERAL PROVISIONS
Article 1
Remuneration shall comprise basic salary, family allowances and other allow-
ances.
Article 2
Staff members' remuneration shall be expressed in Belgian francs. It shall be
paid in the currency of the country in which the staff member performs his
duties.
Remuneration paid in a currency other than Belgian francss hall be calculated
on the basis of the exchange rates applicable to remuneration by virtue of
Article 63 of the Staff Regulationsof officialsof the European Communities .
Article 3
Where a staff member's remuneration is expressed in Belgian francs it shall,
after the compulsory deductions set out in these Conditions of Employment or
in any implementing regulationsthat have been made, be weighted at a rate
above, below or equal to 100%, depending on living conditionsin the various
placesof employment.
These weightings shall be those fixed by the Council of the European Commu-
nitiesasprovided in Articles64 and 65 (2) of the Staff Regulationsof Officials
of the European Communities.
Article 4
Basic monthly salaries are determined for each grade and step as provided in the
following table:
GradesSteps
12345678
A 5 52 068 55 348 58 628 61 908 65 188 68 468 71 748 75 028
A 6 44 538 47 120 49 702 52 284 54 866 57 448 60 030 62 612
A 7 37 926 39 969 42 012 44 055 46 098 48 141 50 184 52 227
A 8 33 193 34 644 36 095 37 546 38 997 40 448 41 899 43 350
B 1 44 538 47 120 49 702 52 284 54 866 57 448 60 030 62 612
B 3 31 528 33 141 34 754 36 367 37 980 39 593 41 206 42 819
B 5 23 675 24 805 25 935 27 065 28 195 29 325 30 455 31 585
C 1 27 443 28 679 29 915 31 151 32 387 33 623 34 859 36 095
C 2 23 460 24 590 25 720 26 850 27 980 29 110 30 240 31 370
C 3 21 687 22 655 23 623 24 591 25 559 26 527 27 495 28 463
C 5 17 492 18 353 19 214 20 075 20 936 21 797 22 658 23 519
D 2 18 140 19 054 19 968 20 882 21 796 22 710 23 624 24 538
D 4 15 558 16 310 17 062 17 814 18 566 19 318 20 070 20 822
Article 5
Remuneration shall be subject to the same adjustments as those decided by the
Council of the European Communitiesfor the remuneration of officialsof the
Communities. ►M1 ◄1976R1860 — EN — 01.04.1979 — 001.001 — 19
▼M1
▼B
▼B
Section 2
FAMILY ALLOWANCES
Article 6
1. The household allowance shall be fixed at 5% of the basic salary or Bfrs
1 276, whichever isthe greater.
2. The household allowance shall be granted to:
(a) a married staff member
(b) a staff member who is widowed, divorced, legally separated or unmarried
and hasone or more dependent children within the meaning of Article 7
(2) and (3);
(c) by special reasoned decision of the director based on supporting documents,
a staff member who, while not fulfilling the conditions laid down in (a) and
(b), nevertheless actually assumes family responsibilities.
3. If the spouse of a staff member is gainfully employed, with an annual
income, before deduction of tax, of more than Bfrs250 000, the s taff member
entitled to the household allowance shall not receive this allowance save by
special decision of the director. The staff member shall, however, be entitled to
the allowance whether the married couple have one or more dependent children.
4. In cases where, under paragraphs 1 to 3, a husband and wife employed by
the Foundation are both entitled to the household allowance, this shall be
payable only to the person whose basic salary is the higher.
Article 7
1. A staff member who has one or more dependent children shall, in accor-
dance with paragraphs2 and 3 below, receive an allowance of Bfrs1 983 per
month for each dependent child.
2. ‘Dependent child’ meansa legitimate, natural or adopted child of a s taff
member, or of his spouse, who is actually being maintained by the staff
member.
The same shall apply to a child for whom an application for adoption has been
lodged and the adoption procedure started.
3. The allowance shall granted:
(a) automatically for children under 18 yearsof age;
(b) on application, with supporting evidence, by the staff member for children
between 18 and 26 who are receiving educational or vocational training.
4. Any person whom the staff member has a legal responsibility to maintain
and whose maintenance involves heavy expenditure may, exceptionally, be
treated as if he were a dependent child by special reasoned decision of the
director, based on supporting documents.
5. Payment of the allowance in respect of a child prevented by serious illness
or invalidity from earning a livelihood shall continue throughout the period of
that illness or invalidity, irrespective of age.
6. Not more than one dependent child allowance shall be paid in respect of
any one dependent child within the meaning of thisArticle, even where the
spouse of the staff member is in the service of an institution of the European
Communities.
Article 8
A staff member shall receive an education allowance equal to the actual educa-
tion costs incurred by him up to a maximum of Bfrs 1 772 per month for each
dependent child within the meaning of Article 7 (2) above who isin regular full-
time attendance at an educational establishment.
Entitlement to this allowance shall commence on the first day of the month in
which the child begins to attend a primary educational establishment and shall
cease at the end of the month in which the child reaches the age of 26.
The maximum prescribed in the first paragraph shall be doubled for:
— a staff member whose place of employment is at least 50 km from a
European School or an educational establishment working in his language,
provided that the child actually attends an educational establishment at least
50 km from the place employment; and
— a staff member whose place of employment is at least 50 km from an estab-
lishment of higher education in the country of which he is a national or1976R1860 — EN — 01.04.1979 — 001.001 — 20
▼B
working in hislanguage, provided that the child actually attendsan es tab-
lishment of higher education at least 50 km from the place of employment
and the staff member is entitled to the expatriation allowance; the latter
condition shall not apply if there is no such establishment in the country of
which the staff member is a national.
Article 9
1. Staff in receipt of family allowances referred to in this section shall
declare allowances of like nature paid from other sources; such latter allowances
shall be deducted from those paid under Articles 6, 7 and 8.
2. The dependent child allowance may be doubled by special reasoned deci-
sion of the director based on medical documents establishing that the child
concerned is suffering from a mental or physical handicap which involves the
staff member in heavy expenditure.
Section 3
EXPATRIATION ALLOWANCE
Article 10
An expatriation allowance equal to 16% of the total amount of the basic salary
plusthe hous ehold allowance and the dependent child allowance to which the
staff member is entitled shall be paid:
(a) to staff:
— who are not and have never been nationalsof the State in whos e
European territory the place where they are employed iss ituated, and
— who during the five yearsending s ix monthsbefore they entered the
service did not habitually reside or carry on their main occupation within
the European territory of that State. For the purposes of this provision,
circumstances arising from work done for another State or for an inter-
national organization shall not be taken into account;
(b) to staff who are or have been nationals of the State in whose territory the
place where they are employed iss ituated but who during the 10 years
ending at the date of their entering the service habitually resided outside
the European territory of that State for reasons other than the performance
of dutiesin the s ervice of a State or of an international organization.
The expatriation allowance shall be not less than Bfrs 3 543 per month.
Section 4
REIMBURSEMENT OF EXPENSES
A.Installationallowanceandresettlement allowance
Article 11
1. A staff member engaged for a fixed period of not less than one year, or
deemed by the director to be engaged for an equivalent period if hiscontract is
for an indefinite period, shall receive an installation allowance as provided in
paragraph 2 amounting, for an expected period of service of:
— not less than one year but less than
two years: to one-third/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150of the rate
laid down in
paragraph
2(a) below— not less than two years but less than
three years: to two-thirds
— three yearsor more: to three-thirds
2. (a) A staff member who qualifies for the expatriation allowance or furnishes
evidence of having been obliged to change hisplace of res idence in order
to comply with Article 16 of the Conditionsof Employment s hall be
entitled to an installation allowance equal to two months' basic salary if
he is entitled to the household allowance or equal to one month's basic
salary if he is not.
In cases where a husband and wife employed by the Foundation are both
entitled to the installation allowance, it shall be payable only to the
person whose basic salary is the higher.
The installation allowance shall be weighted at the rate fixed for the
place where the staff member is employed.1976R1860 — EN — 01.04.1979 — 001.001 — 21
▼B
(b) An installation allowance of the same amount shall be paid to any staff
member who istrans ferred to a new place of employment and isthereby
obliged to change hisplace of res idence in order to comply with Article
16 of the Conditionsof Employment.
(c) The installation allowance shall be calculated by reference to the marital
status and salary of the staff member either at the time of his engagementor at the end of hisprobationary period, where there isa probationary
period, or on the date of histrans fer to a new place of employment.
The installation allowance shall be paid on production of documents
establishing the fact that the staff member, together with his family if
he is entitled to the household allowance, has settled at the place where
he isemployed.
(d) A staff member who is entitled to the household allowance and does not
settle with his family at the place where he is employed shall receive
only half the allowance to which he would otherwise be entitled; the
second half shall be paid when his family settles at the place where he
isemployed, provided that it doess o within the periodslaid down in
Article 16 (4). Where the staff member is transferred to the place where
hisfamily res idesbefore hisfamily hass ettled at the place where he is
employed, he shall not thereby be entitled to an installation allowance.
(e) A staff member who has received an installation allowance and who
voluntarily leavesthe s ervice of the Foundation within two yearsfrom
the date of entering it shall, on leaving the service, refund part of the
allowance, in proportion to the unexpired portion of that two-year period.
(f) A staff member in receipt of installation allowance shall declare any
allowance of like nature which he received from other sources; such
latter allowancess hall be deducted from the allowance provided for in
thisArticle.
Article 12
1. A staff member who satisfies the requirements of Article 11 (1) shall be
entitled on termination of service to a resettlement allowance equal to two
month's basic salary in the case of a staff member who is entitled to household
allowance or to one month's basic salary in other cases, provided that he has
completed four years of service and does not receive a similar allowance in his
new employment.
In cases where a husband and wife employed by the Foundation are both
entitled to the resettlement allowance, this shall be payable only to the person
whose basic salary is the higher.
A staff member who has completed more than one year's but less than four
years' service shall receive a resettlement allowance proportionate to his length
of service, incomplete years being disregarded.
Periods of unpaid leave shall be disregarded in calculating this period.
The resettlement allowance shall be weighted at the rate fixed for the place
where the staff member was last employed.
2. In the event of the death of a staff member, the resettlement allowance
shall be paid to the surviving spouse or, in the absence of such a person, to the
dependantswithin the meaning of Article 7 above, even if the requirement asto
length of service laid down in paragraph 1 is not satisfied.
3. The resettlement allowance shall be calculated by reference to the marital
status and salary of the staff member at the date of termination of service.
4. The resettlement allowance shall be paid against evidence that the staff
member and hisfamily, or, where the s taff member hasdied, hisfamily only,
have resettled at a place situated not less than 70 km from the place where the
staff member was employed.
Resettlement of a staff member or of the family of a deceased staff member
shall take place within three years of the date of termination of his service.
This time limit shall not apply as against persons entitled under him who can
prove that they were unaware of the foregoing provisions.
Article 13
However, the installation allowance provided for in Article 11 and the resettle-
ment allowance provided for in Article 12 shall not be less than:
— Bfrs 5 000 for a staff member who is entitled to household allowance; and
— Bfrs 3 000 for a staff member who is not entitled to household allowance.1976R1860 — EN — 01.04.1979 — 001.001 — 22
▼B
B.Travel expenses
Article 14
1. A staff member shall be entitled to reimbursement of travel expenses for
himself, his spouse and his dependants actually living in his household:
(a) on taking up hisappointment, from the place where he wasrecruited to the
place where he isemployed;
(b) on termination of service, from the place where he is employed to the place
of origin asdefined in paragraph 3 below.
In the event of the death of a staff member, the widow and dependants shall be
entitled to reimbursement of travel expenses under the same conditions.
Travel expenses shall also include the cost of seat reservations, transport of
luggage and, where applicable, hotel expenses necessarily incurred.
2. The basis for the calculation of reimbursement shall be:
— the shortest and most economical standard route by rail between the place of
employment and the place of recruitment or origin;
— first-class fare for staff in Categories A and B; second-class fare for other
staff;
— where the journey includes not less than six hours of night travel between
2200 hours and 0700 hours, sleeping accommodation up to the cost of
tourist class or couchette, on production of the relevant ticket.
Where a means of transport other than that mentioned above is used, calculation
of reimbursement shall be based on the cost by rail in the appropriate class,
excluding sleeping accommodation. Where calculation on this basis is not
possible, the terms of reimbursement shall be determined by special decision
of the director.
3. The place of origin of a staff member shall be determined when he takes
up hisappointment, account being taken of where he wasrecruited or the centre
of his interests. The place of origin as so determined may by special decision of
the director be changed while the staff member is in the service or when he
leaves the service. While he is in the service, however, such decision shall be
taken only exceptionally and on production by the staff member of appropriate
supporting evidence.
The effect of such a change shall not, however, be such as to recognize as the
centre of the staff member's interests a place outside the territories of the
Member Statesof the European Communitiesor of the countriesand territories
listed in Annex IV to the Treaty establishing the European Economic Commu-nity.
Article 15
1. A staff member shall be entitled to be paid a sum equivalent to the cost of
travel from the place where he isemployed to hisplace of origin asdefined in
Article 14 for himself and, if he is entitled to household allowance, for his
spouse and dependants within the meaning of Article 7:
— once in each calendar year if the distance by rail between the place of
employment and the place of origin ismore than 50 km but les sthan
725 km;
— twice in each calendar year if the distance by rail between the place of
employment and the place of origin is725 km or more;
such distances to be calculated according to the methods laid down in Article 14
(2).
In cases where a husband and wife are both employed by the Foundation, each
has the right in respect of himself or herself and in respect of dependants to the
flat-rate payment of travelling expenses, in accordance with the above provi-
sions; each dependant shall be entitled to one payment only. The payment in
respect of dependent children is fixed at the request of the husband or wife, on
the basis of the place of origin of either of them.
Where a staff member marries and is for that reason recognized as being entitled
to household allowance the travel expenses payable for the spouse shall be
calculatedin proportion to the period from the date of the marriage to the end
of the year.
Any alteration to the basis of calculation which may arise from changes in
family status after the date of payment of the sums in question shall not render
the staff member concerned liable to make repayment.1976R1860 — EN — 01.04.1979 — 001.001 — 23
▼B
Travel expenses for children aged four to 10 years shall be calculated on the
basis of half fare, the children being deemed for the purposes of calculation to
have completed their fourth or 10th year on 1 January of the current year.
2. The flat-rate payment shall be based on the cost of a first-class return
ticket by rail in the case of staff in Categories A and B and of a second-class
return ticket in the case of other staff. Where calculation on this basis is not
possible, the terms of payment shall be determined by special decision of the
director.
3. A staff member whose service is terminated in the course of a calendar
year for any reason other than death or who is on unpaid leave during part of
the year shall, if he is in active employment in the service of the Foundation
for less than nine months of that year, be entitled only to part of the payment
provided for in paragraph 1, calculated in proportion to the time spent in active
employment.
4. The preceding provisions shall apply to staff whose place of employment
and place of origin are in Europe. A staff member whose place of employment
and/or place of origin are outside Europe shall be entitled once in each calendar
year, subject to the submission of supporting documents, to repayment of travel
expenses to his place of origin, or to repayment of travel expenses to another
place not exceeding the expense of travel to his place of origin.
5. Only such staff as have been in the service of the Foundation for at least
nine monthss hall qualify for entitlement under thisArticle.
C.Removalexpenses
Article 16
1. A staff member for a fixed period of not less than one year, or deemed by
the director to be engaged for an equivalent period if hiscontract isfor an inde-
finite period, shall, as provided below, be entitled to reimbursement of removal
expenses.
2. The expenses incurred in respect of removal of furniture and personal
effects, including the cost of insurance against ordinary risk (breakage, theft,
fire), shall be reimbursed to a staff member who is obliged to change his place
of residence in order to comply with Article 16 of the Conditions of Employ-
ment and who has not been reimbursed in respect of the same expenses from
another source. Such reimbursement shall not exceed the amount of an estimate
approved in advance. Not less than two estimates shall be submitted to the
appropriate department of the Foundation, which may, if it considers the esti-
mates to be excessive, select another removal firm. In the latter case,
entitlement to reimbursement may be limited to the amount of that firm's esti-
mate.
3. On termination of service or on the death of a staff member, the expenses
incurred in respect of removal from the place where he was employed to his
place of origin shall be reimbursed.
Where the deceased staff member was unmarried, the expenses shall be reim-
bursed to those entitled under him.
4. Removal shall be effected within one year of the end of the staff member's
probationary period.
On termination of service, removal shall be effected within three years as
provided in the second subparagraph of Article 12 (4).
Removal expenses arising after the expiry of the time limits set out above shall
be reimbursed only in exceptional cases and by special decision of the director.
D.Dailysubsistenceallowance
Article 17
1. Where a staff member furnishes evidence that he must change his place of
residence in order to satisfy the requirements of Article 16 of the Conditions of
Employment, he shall be entitled for a period specified in paragraph 2 to a daily
subsistence allowance as follows:1976R1860 — EN — 01.04.1979 — 001.001 — 24
▼B
Entitled to household allowance Not entitled to household allowance
1st to 15 day from 16th day 1st to 15th day from 16th day
Belgian francsper calendar day
CategoriesA and B 775 350 525 275
CategoriesC and D 700 325 450 225
In cases where a husband and wife employed by the Foundation are both
entitled to the daily subsistence allowance, the rates shown in the first two
columns shall be applicable only to the person whose basic salary is the higher.
The rates shown in the other two columns shall be applicable to the other
person.
The above scale shall accord with that laid down by the Council of the
European Communitieseach time remuneration isreviewed purs uant to Article
65 of the Staff Regulationsof Officialsof the Communities .
2. The period in respect of which the daily subsistence allowance is granted
shall be as follows:
(a) in the case of a staff member who is not entitled to household allowance:
120 days;
(b) in the case of a staff member who is entitled to household allowance: 180
days or if the staff member is required to serve a six-month probationary
period, that period plusone month.
In cases where a husband and wife employed by the Foundation are both
entitled to the daily subsistence allowance, the period in respect of which it is
granted as laid down in (b) shall apply to the person whose basic salary is the
higher. The period laid down in (a) shall apply to the other person.
In no case shall the daily subsistence allowance be granted beyond the date on
which the staff member removes in order to satisfy the requirements of Article
16 of the Conditionsof Employment.
3. The daily subsistence allowance provided for in paragraph 1 shall be
reduced by half during any period when the staff member receives the daily
subsistence allowance for staff on mission provided for in Article 18.
E.Missionexpenses
Article 18
1. A staff member travelling on mission and holding an appropriate travel
order shall be entitled to reimbursement of travel expenses and to daily subsis-
tence allowance in accordance with the following provisions.
2. The travel order shall state the probable duration of the mission, on the
basis of which shall be calculated any advance which the staff member may
draw against subsistence allowance. Save where a special decision is taken, no
advance shall be payable where the mission is not expected to involve an
absence of more than 24 hours and is to be carried out in a country using the
same currency as that used in the place where the staff member is employed.
Article 19
1. Travel expenses for staff on mission shall cover the cost of rail transport
by the shortest route, first-class for staff in Categories A and B and second-class
for other staff.
Where an outward and return journey of 800 km or more isinvolved, s taff in
categories C and D shall be entitled to reimbursement of the first-class rail fare
in respect of the foregoing expenses.
By decision of the director, staff in Categories C and D travelling on mission
involving an outward-and-return journey of less than 800 km shall be entitled
to reimbursement of the first-class rail fare when accompanying a member of
the Administrative Board, the director or a staff member who is travelling
first-class.
Travel expenses shall also include:
— the cost of seat reservations and transport of necessary luggage;
— supplements for special fast trains (reimbursed against production of special
tickets where these are issued);1976R1860 — EN — 01.04.1979 — 001.001 — 25
▼B
— supplements for sleeping accommodation (reimbursed against production of
sleeper tickets) where the journey includes not less than six hours of night
travel between 2200 and 0700 hours:
— in a double sleeper;
— where the train doesnot have s leeping accommodation of thiscategory,
reimbursement shall, with the consent of the director, correspond to the
category immediately above or to single sleeper if that is the only cate-
gory of sleeping accommodation available.
2. Staff may be authorized to travel by air. In such case reimbursement may
be made against production of tickets for the class immediately below first-
class.
By decision of the director, staff accompanying a member of the Administrative
Board or the director on a given mission may, on production of tickets, be reim-
bursed the cost of the journey in the same class as that used by the member or
the director.
Under the conditions laid down in the rules provided for in the second subpara-
graph of Article 12 (2) of Annex VII to the Staff Regulationsof the European
Communities, staff who travel on mission under particularly tiring conditions
may, by decision of the director, be reimbursed the cost of the journey in the
class used, on production of tickets.
By special decision of the director, staff may be authorized to take luggage in
excess of the free allowance.
3. For journeys by sea, the class of travel shall be determined in each case by
the director. Staff travelling by sea shall receive, instead of the daily subsistence
allowance provided for in Article 20, an allowance of Bfrs225 per 24-hour
period of the journey.
4. A staff member may be authorized to use his own car on a given mission,
provided that the duration of the mission is not thereby increased.
Reimbursement of travel expenses shall in that case be calculated on the stan-
dard basis prescribed in paragraph 1.
In the case of a staff member travelling regularly on mission in special circum-
stances, however, the director may decide to grant him an allowance per
kilometre covered instead of reimbursement of rail fares, if the use of public
transport and reimbursement of travel expenses on the normal basis involve
definite disadvantages.
A staff member authorized to use his own car shall remain fully liable for any
accidents to his car or to third parties; he must be in possession of an insurance
policy covering civil liability up to an amount considered adequate by the
director.
Article 20
1. (a) The daily subsistence allowance for staff on mission shall be paid on the
following scale:
I
Categories
A and BII
Categories
C and D
Bfrs1 320 Bfrs1 220
(b) In the case of missions outside the European territory of Member States
of the European Communities, the director may decide to apply other
rates.
2. The subsistence rates set out in columns I and II shall be reduced by Bfrs
330 and Bfrs 315 respectively for any day's absence on mission, reckoned in
accordance with paragraph 4, during which the staff member has incurred
sleeper costs reimbursable by the Foundation.
3. The same deductions shall be made where the staff member has not had to
spend the night away from the place where he is employed.
4. Subject to paragraphs 2 and 3, daily subsistence allowance for staff on
mission shall be calculated in accordance with the following rules:
(a) Mission of 24 hours or less:
— six hours or less: reimbursement of actual expenses up to a quarter of
the daily subsistence allowance;1976R1860 — EN — 01.04.1979 — 001.001 — 26
▼B
— 12 hours or less, but more than six hours: half the daily subsistence
allowance;
— 24 hours or less, but more than 12 hours: a whole day's subsistence
allowance.
(b) Mission of more than 24 hours:
— for each period of 24 hours: a whole day's subsistence allowance;
— for any further period of six hours or less: no subsistence allowance:
— for any further period of 12 hours or less, but more than six hours: half
the daily subsistence allowance;
— for any further period of more than 12 hours: a whole day's subsistence
allowance.
5. The daily subsistence allowance for staff on mission shall be considered to
cover all expenditure incurred, including local travel at the place of mission,
save for the expenses mentioned below, which shall be reimbursed against
supporting documents:
(a) cost of telegrams and inland trunk or international telephone calls where
incurred for official purposes;
(b) entertainment expenses in cases covered by Article 21;
(c) exceptional expenditure necessarily incurred by the staff member for the
purposes of the mission, either on receipt of special instructions or on
account of force majeure and in the interests of the Foundation, and
resulting in disbursement out of reasonable proportion to the allowance
provided.
6. Where the mission is expected to last for at least four weeks in the same
place and the staff member concerned has been so advised before departure,
subsistence rates may be reduced by one quarter.
Such reduction may be decided on during the course of the mission; in such
case it shall take effect not less than eight days after the staff member concerned
hasbeen notified thereof, provided that there remain not les sthan four weeksof
mission to be completed, reckoned from the date of notification.
7. Where a staff member on mission has a meal or accommodation provided
or reimbursed by one of the institutions of the European Communities or by a
national or international administration or organization, he shall declare it.
His daily subsistence allowance shall be reduced by Bfrs 200 for each meal
provided, the allowancesprovided for in columnsI and II s hall be reduced by
Bfrs450 and Bfrs420 res pectively for each day'saccommodation provided.
Where a staff member on mission has all his meals and accommodation
provided or reimbursed by one of the institutions of the European Communities
or by a national or international administration or organization, he shall receive
an allowance of Bfrs225 for each period of 24 hoursin place of the daily
subsistence allowance for missions provided for above.
8. The ratesindicated in paragraphs1, 2 and 7 are increas ed by 10% when
the mission is to Paris, by 5% when the mission is to Brussels, Luxembourg or
Strasbourg and by 10% for staff of categories C and D when the mission is to
Strasbourg.
F.Fixedreimbursementofexpenses
Article 21
In the case of staff who, as a result of special instructions, occasionally incur
entertainment expenses for official purposes, the amount of the entertainment
allowance shall be determined in each instance on the basis of supporting docu-
mentsand on termsto be laid down by the director.
Article 22
Staff employed in a place where housing conditions are recognized as being
particularly difficult may be paid a housing allowance.
The list of places for which the allowance may be granted, the maximum
amount of the allowance and the rulesfor granting it s hall be determined by
the Council of the European Communitiesin accordance with the procedure
laid down in Article 65 (3) of the Staff Regulationsof Officialsof thes e
Communities.1976R1860 — EN — 01.04.1979 — 001.001 — 27
▼B
Article 23
A staff member employed in a place where transport is recognized as being
particularly difficult and expensive because of the remoteness of housing from
the place of work may be paid a transport allowance.
The list of places for which the allowance may be granted, the maximum
amount of the allowance and the rulesfor granting it s hall be determined by
the Council of the European Communitiesin accordance with the procedure
laid down in Article 65 (3) of the Staff Regulationsof Officialsof thes e
Communities.
Section 5
Article 24
►M1The ratescontained in Section 4 ◄shall be automatically adapted
whenever the corresponding rates contained in the Staff Regulations applicable
to officialsof the European Communitiesare modified.
Section 6
PAYMENT OF SUMS DUE
Article 25
1. Payment of remuneration to staff shall be made on the 15th day of each
month for the month then current. The amount of remuneration shall be rounded
off upwardsto the next Belgian franc.
2. Where remuneration isnot due in res pect of a complete month, the amount
shall be divided into thirtieths, and
(a) where the actual number of days payable is 15 or less, the number of thirti-
ethsdue s hall equal the actual number of dayspayable;
(b) where the actual number of dayspayable ismore than 15, the number of
thirtiethsdue s hall equal the difference between the actual number of days
not payable and 30.
3. Where entitlement to family allowancesand expatriation allowance
commences after the date of entering the service, the staff member shall receive
these from the first day of the month in which such entitlement commences. On
cessation of such entitlement the staff member shall receive the sum due up to
the last day of the month in which entitlement ceases.
Article 26
Payments shall be made to each staff member at the place and in the currency of
the country where he carriesout hisduties .
The provisions laid down in Article 17 (2), (3) and (4) of Annex VII to the Staff
Regulationsof Officialsof the European Communitiess hall apply by analogy.1976R1860 — EN — 01.04.1979 — 001.001 — 28