EUROPEAN COMMISSION Brussels, 19.1.2018 COM(2018) 38 final REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on the use made in 2016 by the institutions of Council Regulations No 495/77, last amended by Regulation No 1945/2006 (on standby duty), No 858/2004 (on particularly arduous working conditions), and No 300/76, last amended by Regulation No 1873/2006 (on shift work)



REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on the use made in 2016 by the institutions of Council Regulations No 495/77, last amended by Regulation No 1945/2006 (on standby duty), No 858/2004 (on particularly arduous working conditions), and No 300/76, last amended by Regulation No 1873/2006 (on shift work) 1.Introduction The Council Regulations on standby duty (No 495/77) and on particularly arduous working conditions (No 858/2004) require the Commission to report annually to the Council on the number of officials and other servants in each category receiving the allowances referred to in the respective Regulations and the total related expenditure. This report is based on the latest full-year figures available at the time of its preparation and thus refers to 2016. It covers all the Institutions, and for the sake of completeness also contains the same type of information on the use of shift work (Council Regulation No 300/76). 2.Standby duty allowance The legal bases for this allowance are Articles 55 and 56b of the Staff Regulations and Council Regulation No 495/77 of 8 March 1977, as last amended by Council Regulation No 1945/2006 of 11 December 2006. Payment of the allowance is limited to officials and other servants paid from research appropriations and employed in: –an establishment of the Joint Research Centre (JRC), or –indirect action, or paid from operating appropriations and employed in: –the running or supervision of technical installations, –a safety and security department, –an information and communication technology (ICT) services department, –a department providing support for the Common Foreign and Security Policy (CFSP)/European Security and Defence Policy (ESDP) or for emergency and crisis coordination arrangements, or –a mechanism established to provide assistance to Member States 24 hours a day, 7 days a week (MS 24/7), for emergency and crisis coordination arrangements or in services where there is a confirmed necessity for the execution of tasks in order to guarantee a mechanism for providing assistance to Member States. The standby duty allowance is expressed in points. The number of points granted for each hour of actual standby duty is fixed as follows: –standby duty at home, working day: 2.15 points;

–standby duty at home, weekend and public holidays: 4.3 points; –standby duty at the place of work, working day: 11 points; –standby duty at the place of work, weekend and public holidays: 22 points. Each point is equal to 0.032 % of the basic salary of an official in grade 1, step 1 (= EUR 0.9056 in 2016). 2.1.Number of beneficiaries (officials/temporary staff and contract staff): Institution AD SC - AST CA Total FG I FG II FG III FG IV Commission 88.33 203.33 37.33 7 12 2 350 - of which JRC: 40 83 14 2 2 1 142 Council 13 47 2 0 0 0 62 Parliament 0 0 0 0 0 0 0 Court of Justice 7 11 0 0 1 0 19 Court of Auditors 0 0 10 0 0 0 10 EESC 0 0 0 0 0 0 0 CoR 0 0 0 0 0 0 0 EDPS 0 0 0 0 0 0 0 Ombudsman 0 0 0 0 0 0 0 EEAS 7 9 0 0 0 0 16 Total 115.33 270.33 49.33 7 13 2 457 2.2.Number of beneficiaries per type of standby duty: Institution At home At home and at the place of work At the place of work Total Commission 330 0 20 350 - of which JRC: 123 0 19 142 Council 62 0 0 62 Parliament 0 0 0 0 Court of Justice 19 0 0 19 Court of Auditors 10 0 0 10 EESC 0 0 0 0 CoR 0 0 0 0 EDPS 0 0 0 0 Ombudsman 0 0 0 0 EEAS 16 0 0 16 Total 437 0 20 457 2.3.Number of beneficiaries per type of employment: Institution JRC Indirect action Technical installations Security ICT CFSP/ESDP MS 24/7 Total Commission 142 0 65 40 71 0 32 350 - of which JRC: 142 0 0 0 0 0 0 142 Council 0 0 0 15 40 7 0 62 Parliament 0 0 0 0 0 0 0 0 Court of Justice 0 0 14 5 0 0 0 16 Court of Auditors 0 0 0 10 0 0 0 10 EESC 0 0 0 0 0 0 0 0 CoR 0 0 0 0 0 0 0 0 EDPS 0 0 0 0 0 0 0 0 Ombudsman 0 0 0 0 0 0 0 0 EEAS 0 0 0 4 9 3 0 16 Total 142 0 79 74 120 10 32 457 3.Allowance for particularly arduous working conditions The legal bases for this allowance are Article 56c of the Staff Regulations and Council Regulation No 858/2004 of 29 April 2004, which replaced Council Regulation No 1799/72. The allowance for particularly arduous working conditions is expressed in terms of points granted for each hour of actual work, with a distinction being made between special working conditions connected with ‘safety of the individual’, ‘place of work’ and ‘nature of work’. The number of points varies between 2, e.g. for an average sound level exceeding 85 decibels, and an upper limit of 50 in the case of an official wearing a self-contained fire protection suit. Each point is equal to 0.032 % of the basic salary of an official in grade 1, step 1 (= EUR 0.9056 in 2016). 3.1.Number of beneficiaries (officials/temporary staff and contract staff): Institution AD SC - AST Contract staff Total FG I FG II FG III FG IV Commission 37 161 29 0 0 6 233 - of which JRC: 37 156 19 0 0 6 218 Council 0 0 0 0 0 0 0 Parliament 0 0 0 0 0 0 0 Court of Justice 0 0 0 0 0 0 0 Court of Auditors 0 0 0 0 0 0 0 EESC 0 0 0 0 0 0 0 CoR 0 0 0 0 0 0 0 EDPS 0 0 0 0 0 0 0 Ombudsman 0 0 0 0 0 0 0 EEAS 0 0 0 0 0 0 0 Total 37 161 29 0 0 6 233 4.Shift work allowance

The legal bases for this allowance are Article 56a of the Staff Regulations and Council Regulation No 300/76 of 9 February 1976, as last amended by Council Regulation No 1873/2006 of 11 December 2006. Payment of the allowance is limited to officials and other servants paid from research appropriations and employed in: –an establishment of the Joint Research Centre (JRC), or –indirect action, or paid from operating appropriations and employed in: –an information and communication technology (ICT) services department, –a safety and security department, –a telephone switchboard/information service or on a reception desk, –a department providing support for the Common Foreign and Security Policy (CFSP)/European Security and Defence Policy (ESDP) or for emergency and crisis coordination arrangements, –a service providing support for emergency or crisis coordination arrangements, or –the running or supervision of technical installations. The following figures indicate the number of allowances granted by each institution for 2016. 4.1.Number of beneficiaries (officials/temporary staff and contract staff): Institution AD SC - AST CA Total FG I FG II FG III FG IV Commission 15 80 18 16 3 0 132 - of which JRC: 7 31 6 0 0 0 44 Council 0 77 1 8 0 0 86 Parliament 0 47 499 15 9 0 570 Court of Justice 0 0 0 0 0 0 0 Court of Auditors 0 0 14 0 0 0 14 EESC 0 0 0 0 0 0 0 CoR 0 0 0 0 0 0 0 EDPS 0 0 0 0 0 0 0 Ombudsman 0 0 0 0 0 0 0 EEAS 0 37 0 1 0 0 38 Total 15 241 532 40 12 0 840

Four different rates of the monthly allowance are provided for (2016 figures): –rate 1: work involving two shifts, excluding weekends and public holidays: EUR 407.50; –rate 2: work involving two shifts, including nights, weekends and public holidays: EUR 615.05; –rate 3: 24 hours a day, excluding weekends and public holidays: EUR 672.48;

–rate 4: 24 hours a day, 7 days a week: EUR 916.81. 4.2.Number of beneficiaries per rate: Institution Rate 1 Rate 2 Rate 3 Rate 4 Total EUR 407.50 EUR 615.05 EUR 672.48 EUR 916.81 Commission 18 16 8 90 132 - of which JRC: 0 16 8 20 44 Council 43 0 0 43 86 Parliament 284 197 0 89 570 Court of Justice 0 0 0 0 0 Court of Auditors 1 0 0 13 14 EESC 0 0 0 0 0 CoR 0 0 0 0 0 EDPS 0 0 0 0 0 Ombudsman 0 0 0 0 0 EEAS 28 0 0 10 38 Total 374 213 8 245 840 4.3.Number of beneficiaries per type of employment: Institution JRC Crisis/emerg. coord. ICT Security Switchboard/reception

CFSP/

ESDP Tech. Inst. Ind. Action Total Commission 44 16 17 54 0 0 1 0 132 - of which JRC: 44 0 0 0 0 0 0 0 44 Council 0 0 0 86 0 0 0 0 86 Parliament 0 0 0 550 20 0 0 0 570 Court of Justice 0 0 0 0 0 0 0 0 0 Court of Auditors 0 0 0 13 1 0 0 0 14 EESC 0 0 0 0 0 0 0 0 0 CoR 0 0 0 0 0 0 0 0 0 EDPS 0 0 0 0 0 0 0 0 0 Ombudsman 0 0 0 0 0 0 0 0 0 EEAS 0 0 14 14 0 10 0 0 38 Total 44 16 31 717 21 10 1 0 840 5.Services concerned and reasons The Council, the Commission, the EEAS (which took over much of the former DG RELEX) and the Court of Auditors use standby duty and shift work and pay the allowances provided for by the legislation. The European Parliament does not have standby duty and only pays allowances for shift work. The Commission remains the only institution to pay allowances for particularly arduous working conditions, at the JRC and the Office for Infrastructure and Logistics in Brussels (OIB). 5.1.Reasons for standby duty Commission:

Joint Research Centre (JRC)

In 2016, the Commission paid allowances for standby duty to 350 members of its staff. Around 41 % (142) are employed at one of the Research Centres, representing a slight decrease compared to 2015. This results from (1) the abolition of the allowance granted to the ‘Fire & Rescue’ team in Karlsruhe and (2) the replacement of the ‘IPR WINTER 2015/2016’ temporary standby duty with a framework contract. The reasons for standby duty are, as in previous years, generally security- and safety-related (fire-fighting service, radiation monitoring, radiation protection, etc.). In most cases at the JRC, standby duty is carried out at home, with the exception of Ispra and Karlsruhe, where the duties are undertaken at the place of work – or at home and at the place of work – owing to the specific nature of the tasks to be performed. Other

In the other Commission Directorates-General, there was little change compared to 2015. The standby services are mainly used for security and safety, technical installations and IT services, plus assistance for Member States. Council: The Council paid allowances for standby services to 62 members of its staff in 2016 (an increase of 15 people compared to 2015). The fields in question were information and communication technology (ICT) services, security services and support for the CFSP/ESDP. In 2016, standby duty was performed exclusively at home. Court of Auditors: The Court of Auditors paid allowances for standby services at home to 10 members of its staff in 2016. EEAS: In 2016, the EEAS paid allowances for standby services at home to 16 members of its staff in three fields: security services, support for the CFSP/ESDP, and information and communication technology (ICT) services.

Court of Justice: In 2016, the Court of Justice paid allowances for standby services at home to 19 members of its staff. This service was established in November 2014 at the Directorate‑General for Infrastructure to cover the supervision of technical installations and performance of security-related tasks. 5.2.Reasons for using the allowance for particularly arduous working conditions Commission: The Commission is the only institution to have used this possibility in 2016. The Office for Infrastructure and Logistics in Brussels (OIB) introduced it in one of its services (reproduction service) in 2008; the Joint Research Centre was already using it. In 2016, the total number of hours worked under particularly arduous conditions was broken down as follows: Ø67 066.91 hours relating to individual protection (for example, the wearing of particularly uncomfortable protective clothing), Ø117 496.59 hours relating to the place of work (for example, high noise levels, dangerous sites), and Ø13 779.53 hours relating to the nature of the work (for example, handling of corrosive substances). 5.3.Reasons for shift work Commission: Within the Commission, it is the JRC (for reasons relating to the nature of the tasks) and DG HR (safety and security department) which have the greatest need for this type of work organisation (44 and 46 persons respectively in 2016). In 2016 shift work was performed in the other DGs (operating budget) by 42 persons in the following types of services: –Security and prevention: 8 (OIL) –Technical installations: 1 (PO) –Information and communication technology (ICT): 17 (DG COMM) –Assistance to Member States: 16 (DG ECHO) The shift work arrangement at DG COMM was established in 2015 in order to prepare press reviews for the President, the College and the Spokesperson’s Service. The around-the-clock service at DG ECHO has been operational since 2013 following the establishment of a Monitoring and Information Centre to assist Member States and the Commission during disasters. All four rates (types of allowance) are applied in the Commission, with rate 4 (continuous service) being used mainly in the security services.