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Vol. 1985/00 84 
  
 
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Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the openi ng to the public of the historical archives of the European Econom ic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this f ile is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 198 3 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 vom 27 .9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
COPK85) 177 fin a l
Brussels, 12 A p ril 1985
A M E N D E D  P R O P O S A L F O R  COUNCIL REGULATION 
(EEC, E U R ATO M , E C SC ) AM ENDING  T H E  CONDITIONS 
O F  E M P LO Y M E N T O F  O T H E R  SER VAN TS O F  T H E  
E U R O P E A N  COMMUNITIES
(Presented by the Commission to the Council)
COM(85) 177 fin a l

A M E N D E D  P R O P O S A L F O R
COUNCIL REGULATION (EEC, Euratom, E C SC ) N O  . . .  O F  . . .  
AM EN D IN G  TH E  CONDITIONS O F  E M P LO Y M E N T  O F  O T H E R  SE R V A N TS  
O F  TH E E U R O P E A N  COM MUNITIES
T H E  COUNCIL O F  TH E  E U R O P E A N  COMMUNITIES,
Having regard to the Treaty e stablishing a  Single Council and a  Single 
Commission of the European Communities, and in p a rtic u la r A rtic le  24 
th e re o f,
Having regard to the proposal from the Commission, submitted a fte r 
consulting the S ta ff Regulations Committee,
Having regard to the Opinion of the European Parliament,
Having regard to the Opinion of the Court of Ju stice,
Whereas A rtic le  2 and A rtic le  3 of Council Regulation (EEC, Euratom, E C S C )
N o 259/681, as la st amended by Regulation
2, lay down the
S ta ff Regulations of O ffic ia ls  and the Conditions of Employment of Other 
Servants of the European Communities re sp ective ly; whereas i t  is fo r the 
Council, acting by a  q u a lifie d  m ajority on a  proposal from the Commission 
and a fte r consulting the other in s titu tio n s  concerned, to amend the S taff 
Regulations and the Conditions of Employment;
Whereas, in the lig h t of experience gained in applying the said S taff 
Regulations and the said Conditions of Employment, ce rtain  provisions of 
the Conditions of Employment should be amended, notably in respect of 
research s ta ff,
'OJ No L 56, 4.3.1968, p.1. 
^OJ No L

HAS ADOPTED THIS REGULATION:
A rtic le  1
The Conditions of Employment of Other Servants of the European Communities 
are hereby amended as fo llo w s:
1. The fo llo w in g  paragraph is  added to A rtic le  8:
"The contracts of temporary s ta ff to w hom  A rtic le  2(a) or A rtic le  2(d) 
applies who are engaged fo r a fixe d  period may be renewed not more than 
once fo r a fixe d  period. Any fu rth e r renewal sh a ll be fo r an in d e fin ite  
p e rio d ."
2. The first paragraph of Article 11 is replaced by the following.
"A rtic le s  11 to 26 of the S ta ff Regulations, concerning the rig h ts  and 
o b lig a tio n s of o ff ic ia ls ,  sh a ll apply by analogy. However, where a  
member of the temporary s ta ff holds a contract fo r a fixe d  period, the 
duration of leave on personal grounds referred to in the second paragraph 
of A rtic le  15 of the S ta ff Regulations s h a ll be lim ite d  to  the remainder 
of the term of the c o n tra c t."
3. The th ird  paragraph of A rtic le  14 is  replaced by the fo llo w in g :
"Not less than one month before the expiry of the probationary period, 
a  report s h a ll be made on the a b ilit y  of the member of the temporary 
s ta ff to perform the duties p erta in in g  to his post and also on his 
conduct and e ffic ie n c y  in the service. This report s h a ll be communicated 
to the person concerned, who s h a ll have the rig h t to submit his comments 
in w ritin g . A  member of the temporary s ta ff whose work has not proved 
adequate to ju s t if y  his re te n tio n  in his post s h a ll be dismissed.
A  report on the probationary member of temporary s ta ff may be made 
at any time during the probationary period i f  his work is  proving 
obviously inadequate. The report s h a ll be communicated to  the person 
concerned, who sh a ll have the rig h t to submit his comments in w ritin g .

O n  the basis of the report the a u th o rity authorized to conclude 
contracts of engagement may decide to dismiss the member of the 
temporary s ta ff before the end of the probationary period, by giving 
him one month's n o tice ; the period of service may not, however, 
exceed the normal probationary period.
A  dismissed member of the temporary s ta ff sh a ll be e n title d  to 
compensation equal to one th ird  of his basic salary per month of 
probation completed."
In A rtic le  17:
(a) The second sentence in the f i r s t  paragraph is replaced by the 
fo llo w in g :
"The a u th o rity  referred to in the f i r s t  paragraph of A rtic le  6 
sh a ll determine the length of such leave, which sh a ll not exceed 
one quarter of the length of time already worked by the servant or:
- three months i f  the servant's s e n io rity  is  less than four years;
- six months in a ll other cases."
(b) The fo llo w in g  paragraphs are added:
"While a member of the temporary s ta ff is on unpaid leave his 
membership of the social se curity scheme provided fo r in 
A rtic le  28 sh a ll be suspended.
However, a member of the temporary s ta ff who provides evidence 
that he cannot be covered by any other public scheme of insurance 
against the risks referred to in A rtic le  28 may, not la te r than 
one month follow ing  that in which unpaid leave begins, apply to 
continue to be covered in accordance with that A rtic le , provided 
that he bears h a lf the cost of the co ntribu tion s required to 
cover the risks referred to in A rtic le  28 fo r the duration of 
his leave; the co ntribu tion s sh a ll be calculated by reference 
to his la st basic salary.
Moreover, a member of the temporary s ta ff to w hom  A rtic le  2(c) 
or A rtic le  2(d) applies who proves that he cannot acquire pension 
rig h ts under another pension scheme may apply to continue to 
acquire fu rth e r pension rig h ts throughout the period of unpaid 
leave, provided that he bears the cost of a co n trib u tio n  equal 
to three times the rate la id  down in A rtic le  41; the contributions

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sh a ll be calculated by reference to  the basic salary fo r 
his grade and ste p ."
5. A rtic le  18 is  replaced by the fo llo w in g :
" A rtic le  18
A  member of the temporary s ta ff who is  ca lle d  up fo r m ilita r y  service, 
a lte rn a tiv e  services or reserve tra in in g  or who is  recalled to serve 
in the armed forces s h a ll be assigned leave fo r natio n al se rvice ; 
fo r temporary s ta ff engaged fo r a fixe d  period such leave may in 
no circumstances exceed the duration of the co ntra ct.
A  member of the temporary s ta ff who is  ca lle d  up fo r m ilita r y  service 
or a lte rn a tiv e  service s h a ll cease to receive his remuneration but 
sh a ll re ta in  his rig h t under these Conditions of Employment to 
advancement to a higher step. H e sh a ll also re ta in  his rig h t to 
retirem ent pension i f ,  a fte r completing his m ilita r y  service or 
a lte rn a tiv e  se rvice , he pays up his pension co n trib u tio n s re tro a c tiv e ly .
A  member of the temporary s ta ff who is  called up fo r reserve tra in in g  
or who is recalled to serve in  the armed forces s h a ll, during the 
period of tra in in g  or re c a ll, continue to receive his remuneration 
subject to deduction of an amount equal to  his service pay."
6. In A rtic le  20, the fo u rth  paragraph and the scale of basic monthly 
sa larie s are deleted.

- 5  -
7. In A rtic le  24(3), the fig u re  of B F R  5  000 in the f i r s t  indent is 
replaced by B FR  37 000 and the fig u re  of B F R  3 000 in the second 
indent is  replaced by B F R  22 000.
8. The follow ing  sentence is added to A rtic le  25:
"However, a member of the temporary s ta ff who is engaged fo r a  
fixe d  period of less than twelve months, or who is  deemed by the 
a u th o rity  referred to in the f i r s t  paragraph of A rtic le  6 to be 
engaged fo r an equivalent period i f  his contract is  fo r an in d e fin ite  
period, and who furnishes evidence that he must change his place 
of residence sh a ll be e n title d  to the d a ily  subsistence allowance 
fo r the duration of his contract or fo r a maximum of one year."
9. The f i r s t  paragraph of A rtic le  28 is replaced by the fo llo w in g :
"A rtic le s  72 and 73 of the S ta ff Regulations, concerning sickness 
and accident cover, sh a ll apply by analogy to temporary s ta ff during 
the period of employment, during sick leave and during the periods 
of unpaid leave referred to in A rtic le s  11 and 17 in accordance with 
the conditions la id  down th e re in ; A rtic le  72 of the S ta ff Regulations, 
concerning sickness cover, sh a ll apply by analogy to temporary s ta ff 
in receipt of in v a lid ity  pension and to re cip ie n ts of a s u rv iv o r's  
pension."

-  6 -
10. In A rtic le  4 7 (1 )(b) the sentence "For temporary s ta ff whose contracts 
have been renewed, the period of notice sh a ll not be less than one 
month per year of se rvice , with a minimum of one month and a maximum 
of six months" sh a ll be inserted a fte r the sentence "Such period of 
notice sh a ll be not more than three months nor less than one month."
11. A rtic le  48 is replaced by the fo llo w in g :
"A rtic le  48
Employment, whether fo r a fixe d  or fo r an in d e fin ite  period, may be 
terminated by the in s titu tio n  without n o tice :
(a) during or at the end of the probationary period in accordance 
with A rtic le  14;
(b) i f  the servant ceases to  s a tis fy  the requirements of A rtic le  1 2(2)(a) 
and (d ); however, i f  the servant ceases to s a tis fy  the requirements 
of A rtic le  1 2(2)(d ), his contract may be term inated only in accordance 
with A rtic le  33;
(c) i f  the servant is  unable to resume his duties at the end of a period 
of paid sick leave as provided fo r in  A rtic le  16; in such case
the servant s h a ll receive an allowance equal to  his basic salary 
plus fam ily allowances at the rate of two days per month of service 
completed."
TRANSITIONAL PROVISION 
A rtic le  2
The provisions of th is  Regulation s h a ll apply to temporary s ta ff in service 
when th is  Regulation comes in to  fo rce , with e ffe c t from 1  January 1985.

-  7 -
FINAL PROVISION 
A rtic le  3
This Regulation sh a ll enter in to  force on the day follow ing  its  p ub lication 
in the O ffic ia l Journal of the European Communities.
This Regulation sh all be binding in its  e n tire ty  and d ire c tly  applicable 
in a ll Member States.