EN

Brussels, 15.1.2010

COM(2010)2 final

Report from the Commission to the Council

REPORT FROM THE COMMISSION TO THE COUNCIL

on the application of Annex X to the Staff Regulations

Years 2006, 2007 and 2008

(Council Regulation No 3019/1987 of 5 October 1987)

INTRODUCTION

In accordance with Article 101a of the Staff Regulations, Annex X determines, without prejudice to the other provisions of the Staff Regulations, the special and exceptional provisions applicable to officials of the European Communities serving in non-member countries.

Article 14 of Annex X requires the Commission to “submit an annual report to the Council on the application of this Annex and in particular on the fixing of the rate of the allowance for living conditions as provided for in Article 10”.

The Commission has prepared sixteen reports since 1 January 1988. They cover the following periods: October 1987-December 1988, 1989, 1990-1991, 1992, 1993, 1994, 1995, 1996, 1997-1998, 1999, 2000, 2001, 2002, 2003, 2004 and 2005. This report concerns the following three years: 2006, 2007 and 2008.

CHAPTER 1: GENERAL PROVISIONS

Article 1: Recruitment

The formal allocation of the External Service increased from 984 posts at 31 December 2005 to 1032 posts at 31 December 2008.

Twenty-six posts had been created for contract staff at 31 December 2005. The number had risen to 828 at 31 December 2008. This was the result of two organisational changes: the conversion of the old "ALAT" (local technical assistance staff) posts and the gradual disappearance (ending at 31 December 2006) of the Individual Experts (staff with contracts subject to Belgian law).

Article 2: Mobility

Rotation

2006

The 2006 exercise covered 209 officials on the list, of whom:

– 108 moved between delegations (54 in 2005);

– 95 moved from delegations to headquarters (89 in 2005);

– 73 moved from headquarters to delegations (82 in 2005);

– 6 terminated their service (12 in 2005);

– 19 remained in their posts.

Total: 282 moves.

2007

The 2007 exercise concerned 264 officials on the list, of whom:

– 87 moved between delegations;

– 122 moved from delegations to headquarters;

– 80 moved from headquarters to delegations;

– 8 terminated their service;

– 13 remained in their posts.

Total: 297 moves.

2008

The 2008 exercise concerned 254 officials on the list, of whom:

– 114 moved between delegations;

– 93 moved from delegations to headquarters;

– 68 moved from headquarters to delegations;

– 5 terminated their service;

– 21 remained in their posts.

Total: 280 moves.

Redeployment

During the reference period, 6 posts were redeployed between different delegations/countries based on decisions taken in each individual case.

2006

– 1 AST post from Switzerland (Geneva) to the Republic of Moldova;

– 1 AD post from Nicaragua to Honduras;

– 1 AST post from Malaysia to Singapore;

– 1 AD post from Ukraine to the Republic of Moldova.

2007

– 1 AST post from Albania to Serbia;

– 1 AD post from Nicaragua to El Salvador.

In addition, allocation of resources was optimised, making it possible to entrust certain tasks to contract agents and to redeploy 12 posts for officials to other delegations in 2007-2008. In the context of allocation-based management, there is no unique, direct link in this type of global action between the abolition of a specific post and the creation of another: the allocations made available because of the abolition of certain posts are fed into an "account" from which other posts can be created depending on the number of allocations available.

Posts abolished | Posts created |

1 AD post in Angola1 AD post in Burkina1 AST post in Colombia1 AD post in Ghana1 AST post in Guinea-Bissau1 AD post in Haiti1 AST post in Mauritania1 AST post in Mali1 AST post in Uganda1 AD post in Chad1 AST post in Chad1 AST post in Zimbabwe | 1 AD post in Cape Verde1 AD post in African Union1 AD post in Guinea-Bissau1 AD post in Mali1 AD post in Armenia2 AST posts in Armenia2 AST posts in Azerbaijan1 AST post in Montenegro2 AST posts in Timor |

2008

The External Service continued optimising the allocation of resources in 2008, adopting a multiannual plan providing for the redeployment between the end of 2008 and 2010 of:

– 32 posts from headquarters to the delegations;

– 64 posts between delegations, or to other functions within the same delegation.

At the end of 2008, 14 posts were made available with a view to redeployment, some of which were upgraded to AD (in 2009):

– 1 AD post in Argentina

– 1 AD post in Benin

– 1 AST post in Bolivia

– 1 AD post in Côte d’Ivoire

– 1 AST post in China

– 1 AD post in China

– 1 AD post in Ghana

– 1 AST post in Lebanon

– 1 AD post in Malawi

– 3 AD posts in Russia

– 1 AST post in Russia

– 1 AST post in Sudan

Article 3: Retraining

Decisions to retrain External Service officials who were reassigned to headquarters in one of the Directorates-General of the Relex family concerned the following:

– 60 officials in 2006

– 87 officials in 2007

– 79 officials in 2008.

CHAPTER 2: OBLIGATIONS

Article 4: Carrying out duties at the place of employment

No comments.

Article 5: Accommodation

Since 2005, all delegations have had standards for rental accommodation in the host country. Each delegation is responsible for renting the necessary accommodation for its staff members covered by the Staff Regulations.

CHAPTER 3: WORKING CONDITIONS

Articles 6, 7 and 9: Annual leave

Officials serving in non-EU countries followed the recommendation from headquarters to use as much of their annual leave entitlement as possible. Thus the instances of excessive carryovers were proportionately reduced.

The number of cases handled rose to 912 at the end of 2005, and to 1 904 at the end of 2008. The analysis of this trend must therefore be based on the percentages provided below (and not on annual totals). The percentages for "normal" carryovers (fewer than 14 days) were quite satisfactory from 2005 to 2008. See the figures given below (with the exception of 2006 as the figures available are not complete). The percentages for carryovers of over 14 days are dropping.

The improvement is slight but constant.

End of 2005: 500 normal cases (54.84% of the population) out of 912 cases.

(Carryovers of over 14 days: the other 412 cases, in other words 45.16%.)

End of 2007: 910 normal cases (56.98% of the population) out of 1 597 cases. (Carryovers of over 14 days: the other 687 cases, in other words 43.02%.)

End of 2008: 1 109 normal cases (58.25 % of the population) out of 1 904 cases. (Carryovers of over 14 days: the other 795 cases, in other words 41.75%.)

For carryovers of over 14 days (for which the percentages have fallen, as already stated), the table below (page 7) shows the breakdown of the totals for 2007 and 2008.

Carryovers of over 14 days |

| Carryovers at end 2007 | Carryovers at end 2008 |

14 to 35 days | 558 | 665 |

| 34.94% | 34.93% |

36 to 49 days | 83 | 78 |

| 5.20% | 4.10% |

50 to 70 days | 36 | 39 |

| 2.25% | 2.05% |

Over 70 days | 10 | 13 |

| 0.63% | 0.68% |

Total | 687 out of 1597 =43.02 % | 795 out of 1904 =41.76 % |

Articles 8 and 9(2): Exceptional granting of rest leave

The Commission decided on 28 April 2004 to transfer to the Director-General of DG RELEX the powers conferred a) by the Staff Regulations on the Appointing Authority, and b) by the Conditions of Employment of Other Servants on the authority responsible for concluding contracts of employment.

Since the entry into force of the new Staff Regulations (2004), exceptional granting of rest leave also applies to contract staff.

As part of its regular annual exercises, the Appointing Authority decided, exceptionally, to grant rest leave on 14 July 2006 for 2006; on 30 August 2007 for 2007; and on 1 February 2008 and 4 July 2008 for 2008. These successive decisions concerned places of employment where living conditions were considered “particularly difficult” on the basis of the parameters used to fix the living-conditions allowance each year. In 2006, for places declared to be in a state of emergency (cf. Article 10 of Annex X), the entitlement was granted in proportion to the actual duration of the crisis.

From 2007 the threshold for activating rest leave was raised to 11 points on the living conditions index [1], as follows:

11 LCI points = 6 working days over a maximum of 2 periods

12 LCI points = 9 working days over a maximum of 3 periods

13/14 LCI points = 12 working days over a maximum of 4 periods

15/16 LCI points = 15 working days over a maximum of 5 periods.

The places of rest leave were reduced to three: Brussels, Phuket (Thailand) and Darwin (Australia).

Strict application of the conditions set out in Article 8 of Annex X resulted in this decision being limited to 35 places in 2006, 30 in 2007 and 31 in 2008. See Annex I.

CHAPTER 4: EMOLUMENTS AND SOCIAL SECURITY BENEFITS

SECTION 1: EMOLUMENTS AND FAMILY ALLOWANCES

Article 10(1): Living-conditions allowance [2]

As stated above, the Commission decided on 28 April 2004 to transfer to the Director-General of DG RELEX the powers conferred on the Appointing Authority and the authority responsible for concluding contracts of employment.

2006

On 15 January 2006 the Appointing Authority fixed the living-conditions allowance rates for 2006 as shown in the table in Annex II-A:

– 3 increases (from 10% to 15%)

– 2 increases (from 15% to 20%)

– 2 increases (from 20% to 25%)

– 2 increases (from 30% to 35%), and

– 2 decreases (from 35% to 30%).

A midterm exercise also took place (Appointing Authority decision of 12 September 2006). See Annex II-B.

– Adjustment backdated to 1 January 2006.

– Adjustment backdated to 1 July 2006.

2007

On 14 February 2007 the Appointing Authority fixed the living-conditions allowance rates for 2007 (see Annex II-C):

– 1 increase (from 10% to 15%)

– 1 increase (from 15% to 20%)

– 1 increase (from 20% to 25%)

– 1 increase (from 25% to 30%)

– 4 increases (from 30% to 35%)

– 1 increase (from 35% to 40%)

– 2 decreases (from 15% to 10%)

– 1 decrease (from 20% to 15%)

– 1 decrease (from 25% to 20%)

– 4 decreases (from 30% to 25%), and

– 1 decrease (from 35% to 30%).

2008

On 9 January 2008 the Appointing Authority fixed the living-conditions allowance rates for 2008 (see Annex II-D):

– 2 increases (from 15% to 20%)

– 2 increases (from 25% to 30%)

– 2 decreases (from 20% to 15%)

– 4 decreases (from 25% to 20%), and

– 3 decreases (from 35% to 30%).

A midterm exercise also took place with effect at 1 January 2008 (Appointing Authority decision of 4 July 2008):

– 1 increase (from 30% to 35%).

Article 10(2): Additional allowance

As already stated in relation to rest leave and the living-conditions allowance, the Commission transferred to the Director-General of RELEX the powers conferred on the Appointing Authority and the authority responsible for concluding contracts of employment.

In 2006, 2007 and 2008 new additional allowances were paid for the following places of employment:

Delegation | Date of effect | Allowance (%) |

Iraq (Baghdad) | From 15.12.2005 | 10 |

West Bank and Gaza Strip | From 1.6.2006 | 10 |

East Timor (Dili) | From 1.7.2006 until 1.12.2006 | 10 |

Lebanon (Beirut) | From 14.7.2006 until 1.8.2006 | 5 |

Guinea (Conakry) | From 16.2.2007 until 23.3.2007 | 5 |

Chad (N'Djamena) | From 2.2.2008 until 3.2.2008From 4.2.2008 until 16.2.2008From 17.2.2008 until 15.3.2008 | 5105 |

Georgia (Tbilisi) | From 10.8.2008 until 18.8.2008 | 10 |

Pakistan | from 27.10.2008 | 5 |

Articles 11 and 12: Payment of remuneration

The currency in which remuneration to all staff covered by the Staff Regulations was paid breaks down as follows in percentage terms:

2006

– 83% opted to have their salaries paid in euros under Article 11 of Annex X to the Staff Regulations.

– 17% requested payment of part of their salary in local currency. 51% of the latter asked for the maximum allowed by the internal directives.

2007

– 82% opted to have their salaries paid in euros.

– 18% requested payment of part of their salary in local currency. 55% of the latter asked for the maximum.

2008

– 82% opted to have their salaries paid in euros.

– 18% requested payment of part of their salary in local currency. 56% of the latter asked for the maximum.

Article 13: Weightings

Since the new Staff Regulations of officials of the European Communities entered into force on 1 May 2004:

– weightings also apply to contract staff serving in third countries; and

– Article 13 of Annex X to the new Staff Regulations now requires the Council to set the weightings applicable in third countries annually.

Therefore each year the Council adopts a regulation setting the weightings applicable from the previous 1 July (year "n"). Each annual regulation is followed by two successive Commission decisions in which it adjusts certain weightings, if necessary, month by month (in two batches: [August n to January n+1] and [February n+1 to June n+1]) in order to obtain an interim solution for places of employment where prices have risen or fallen by 5% or more. Any interim adjustments made are applicable until the entry into force of a new annual Council regulation.

In 2006 the Council adopted Regulation No 351/2006 on 27 February laying down the weightings applicable from 1 July 2005 to the remuneration of officials, contract staff and temporary staff of the European Communities serving in third countries [3].

On 10 October, the Commission approved the decision adapting the weightings applicable from 1 August, 1 September, 1 October, 1 November and 1 December 2005 and 1 January 2006 [4]; and on 12 December 2006, the decision adapting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2006 [5].

In 2007 the Council adopted Regulation No 453/2007 on 25 April laying down the weightings applicable from 1 July 2006 [6].

On 18 December, the Commission approved the decision adapting the weightings applicable from 1 August, 1 September, 1 October, 1 November and 1 December 2006 and 1 January 2007 [7]; and on 11 April 2008, the decision adapting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2007 [8].

And in 2008 the Council adopted Regulation No 624/2008 on 23 June laying down the weightings applicable from 1 July 2007 [9].

On 9 December, the Commission approved the decision adapting the weightings applicable from 1 August, 1 September, 1 October, 1 November and 1 December 2007 and 1 January 2008 [10]; and on 18 March 2009, the decision adapting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2008 [11].

One important comment should be made here concerning the strengthening of international cooperation in order to improve the quality of the statistical data which form the basis for all legal instruments setting or making an interim adjustment to the salary weightings. This would also reduce budget expenditure on price surveys.

The discussions started in 2005 by the Working Party on Article 64 of the Staff Regulations concerning the possibility of increased coordination between the main public bodies active in the area of weightings were therefore continued.

In October 2008 the practical arrangements for an exchange of detailed survey data between Eurostat, the UN International Civil Service Commission and the OECD Inter-Secretariat were discussed.

Under this new approach, Eurostat would use basic UN and OECD data in addition to its own data to calculate the weightings according to the Community methodology. This would be possible from the first full annual exercise (annual Council regulation applicable from July 2010).

Article 15: Education allowances

2006

A total of EUR 4 366 738.16 was paid in education allowances A and B in the year 2005/2006. Within that total amount:

– EUR 3 985 187.46 euros was used to reimburse traditional school fees under education allowance B.

– EUR 195 650.44 was paid for reimbursements exceeding the ceiling.

The school fees in English-speaking/American systems in certain places of employment are exceptionally high and the Commission has allowed the ceiling to be exceeded, in particular in the following countries: Japan, the United States, Russia, Indonesia, China and Thailand.

Reimbursements exceeding the ceiling were authorised exceptionally to ensure continuity of schooling for children attending an international school in the place of employment. In another case of applying the principle of continuity with regard to schooling, 13 officials in retraining, assigned to Brussels under Annex X, also received school expenses exceeding the ceilings for the 2005/2006 school year.

– EUR 185 900.26 was paid under education allowance A (children under 8 not attending a primary school).

In 2005/2006, the Commission launched the second education allowance A exercise. This allowance had been introduced with the reform of the Staff Regulations on 1 May 2004. Under Article 15 of Annex X, the Commission can make a contribution to the pre-school expenses of officials and contract staff serving in third countries. There were 23 authorisations to exceed the ceiling, totalling EUR 99 800. One hundred and eight applications for reimbursement below the ceiling were paid, totalling EUR 86 100.26.

The system of granting advances under education allowance B to officials and contract staff whose school fees were particularly high was maintained. All the advances granted for the 2006/2007 school year were settled within the prescribed deadlines.

Since January 2006, the first contract staff members assigned outside the EU (who received education allowances A and B and benefited under Article 15 of Annex X) were added to the numbers to be managed. This gradual increase in the numbers led in subsequent years to increased expenditure charged to the budget for education allowances A and B.

2007

A total of EUR 5 682 895.15 was paid in education allowances A and B in the year 2006/2007. Within that total amount:

– EUR 5 300 318.59 euros was used to reimburse "traditional" school fees under education allowance B.

– EUR 125 461.99 was used for reimbursements exceeding ceiling B, in the following countries in particular: Japan, the United States, Russia, India, China and Chile. Seven officials undergoing retraining received a reimbursement of this kind in 2006/2007.

– EUR 257 114.57 was used for education allowances A. For 2006/2007, 20 authorisations were granted to exceed the ceiling, totalling EUR 95 260.86. Some 154 applications for reimbursement below the ceiling were paid, totalling EUR 161 853.71.

The system of granting advances under education allowance B to officials and contract staff whose school fees were particularly high was maintained. All the advances granted for the 2006/2007 school year were settled within the prescribed deadlines.

2008

A total of EUR 7 379 411.67 was paid in education allowances A and B in the year 2007/2008. Within that total amount:

– EUR 6 910 492.18 was used to reimburse "traditional" school fees under education allowance B.

– EUR 215 292.58 was used for reimbursements exceeding the ceiling, in the following countries in particular: the United States, Russia, Thailand and China. Twelve officials undergoing retraining were also allowed to exceed the ceiling for the school year 2007/2008.

– EUR 253 626.91 was used for education allowance A. For 2007/2008, 19 authorisations were granted to exceed the ceiling, totalling EUR 102 261. One hundred and thirty-six applications for reimbursement below the ceiling were paid, totalling EUR 151 365.91.

The system of granting advances under education allowance B was maintained. All the advances granted for the 2007/2008 school year were settled within the prescribed deadlines.

In 2008, the gradual increase in numbers since January 2006 continued to lead to increased expenditure charged to the budget for education allowances (A and B).

Article 16: Installation and resettlement allowances

The overall amounts paid for these two allowances, installation and resettlement, are given below. The total in 2005 had been EUR 3 176 424.63. The increase observed for 2007 and 2008 (see below) is essentially due to the massive recruitment of new contract staff.

2006

The total for 2006 was EUR 2 783 591.28 (compared with EUR 3 176 424.63 in 2005).

Within that total amount:

· Installation allowances

– EUR 2 454 783.05 for payments in Belgium; and

– EUR 239 987.54 for payments in local currency in the places of employment (with application of economic parity).

· Resettlement allowances

– EUR 26 487.07 for payments in Belgium; and

– EUR 62 333.62 for payments in local currency in the country to which the officials resettled, with application of economic parity.

2007

The total for 2007 was EUR 4 483 952.31.

Within that total amount:

· Installation allowances

– EUR 3 602 536.30 for payments in Belgium; and

– EUR 556 527.62 for payments in local currency in the places of employment (with application of economic parity).

· Resettlement allowances

– EUR 127 873.17 for payments in Belgium; and

– EUR 197 015.22 for payments in local currency in the country to which the officials resettled, with application of economic parity.

2008

The total for 2008 was EUR 4 253 427.55.

Within that total amount:

· Installation allowances

– EUR 3 379 048.68 for payments in Belgium; and

– EUR 615 581.52 for payments in local currency in the places of employment (with application of economic parity).

· Resettlement allowances

– EUR 60 759.31 for payments in Belgium; and

– EUR 198 038.04 for payments in local currency in the country to which the officials resettled, with application of economic parity.

SECTION 2: RULES RELATING TO THE REIMBURSEMENT OF EXPENSES

Article 17: Reimbursement of expenses incurred in respect of removal of furniture and actual installation allowances for officials not in furnished accommodation provided by the institution

This article was not applied between 2006 and 2008.

Article 18: Temporary accommodation

The number of decisions authorising temporary accommodation was as follows: 301 in 2006, 148 in 2007 and 167 in 2008.

Article 19: Service cars/mileage allowance

This article was not applied between 2006 and 2008.

Article 20: Travel expenses for rest leave

Travel expenses for rest leave were reimbursed based on the distance between the place of employment and the place of leave determined by the Commission.

Expenditure in 2005 was EUR 700 000.

This figure was much higher in 2006 because of the increase in numbers: €1 172 554; in 2007, it was €1 972 660, while in 2008 it stood at €2 612 819. In addition to variations in air fares, the 2007 increase can be explained by a change in the rules [12], and that of 2008 by the considerable increase in the number of contract staff.

Article 21: Reimbursement of the cost of transporting personal effects, removals and storage

The processing of requests was based on the rules for the removal of personal effects, which were updated in 1997 and have been implemented since 1998.

The volume in 2006 is connected with the decentralisation of authorisations and the massive recruitment of contract staff.

Decentralisation of staff to the delegations has been in force since 2007. Thus the figures for 2007 and 2008 (see below) do not include removals from delegations.

2006

There were 642 removals, almost double the figure for 2005 (only 324 removals). The total figure is broken down as follows: 501 for officials and 141 for contract staff.

2007

There were 189 removals. Officials: 134; contract staff: 55.

2008

There were 304 removals. Officials: 166; contract staff: 138.

Article 23: Reimbursement of rent where the official is not provided with accommodation by the institution

In 2006, Article 23 was applied in 497 cases, including 40 for officials and 457 for contract staff; in 2007, the figure was 426 (54 officials, 372 contract staff); and in 2008, there were 462 cases (46 officials and 416 contract staff). The spectacular increase in the figure since 2006 is connected with the massive recruitment of new contract staff.

SECTION 3: SOCIAL SECURITY

Article 24(3): Repatriation in the event of a medical emergency or an extreme medical emergency

In 2006, 127 medical repatriations were authorised by the Medical Service, of which 4 were extreme emergencies.

In 2007, the figure rose to 168 (of which 4 were extreme emergencies).

In 2008, there were 140 medical repatriations (of which 8 were extreme emergencies).

Article 25: Accident cover for dependants of officials

The number of claims made under accident cover for dependants was: 10 claims in 2006; 5 in 2007; and 5 in 2008.

ANNEXES

ANNEX I

REST LEAVE

(Article 8 of Annex X)

Date of effect: 1 January 2006

LIVING-CONDITIONS ALLOWANCES |

Number of days and periods | Place of employment | Place of rest leave |

9 working days;a maximum of 3 periods(living-conditions allowance = 12 to 16 points) | Afghanistan | Brussels (Belgium) |

| Bangladesh | Phuket (Thailand) |

| Iraq | Brussels (Belgium) |

| Liberia | Dakar (Senegal) |

| Papua New Guinea | Darwin (Australia) |

| Central African Republic | Paris (France) |

| Sierra Leone | Dakar (Senegal) |

| Sudan | Brussels (Belgium) |

| Chad | Brussels (Belgium) |

| | |

6 working days;a maximum of 2 periods(LCA = 11 points) | Angola | Windhoek (Namibia) |

| Burundi | Mombassa (Kenya) |

| Congo | Libreville (Gabon) |

| Georgia | Vienna (Austria) |

| Guinea | Dakar (Senegal) |

| Indonesia (Banda Aceh) | Phuket (Thailand) |

| Indonesia (Jakarta) | Phuket (Thailand) |

| Mauritania | Casablanca (Morocco) |

| Nepal | Phuket (Thailand) |

| Niger | Libreville (Gabon) |

| Nigeria | Brussels (Belgium) |

| Pakistan | New Delhi (India) |

| Democratic Republic of the Congo | Libreville (Gabon) |

| East Timor | Darwin (Australia) |

| | |

3 working days;in no more than 1 period(LCA = 10 points) | Cameroon | Mombassa (Kenya) |

| Côte d'Ivoire | Dakar (Senegal) |

| Guinea-Bissau | Dakar (Senegal) |

| Guyana | Cayenne (French Guyana) |

| Haiti | Santo Domingo (Dominican Republic) |

| Solomon Islands | Brisbane (Australia) |

| Kyrgyzstan | Frankfurt (Germany) |

| Laos | Phuket (Thailand) |

| Rwanda | Mombassa (Kenya) |

| Tajikistan | Frankfurt (Germany) |

| Togo | Libreville (Gabon) |

| Yemen | Dubai (United Arab Emirates) |

ALLOWANCES FOR STATES OF EMERGENCY IN 2005 |

Number of days and periods | Place of employment | Place of rest leave |

3 working days;in no more than 1 period | Afghanistan(living-conditions allowance = 14 points; emergency = 12 months in 2005) | Brussels (Belgium) |

| Saudi Arabia(living-conditions allowance = 7 points; emergency = 12 months in 2005) | Dubai (United Arab Emirates) |

| Côte d'Ivoire(living-conditions allowance = 10 points; emergency = 12 months in 2005) | Dakar (Senegal) |

| Liberia(living-conditions allowance = 12 points; emergency = 12 months in 2005) | Dakar (Senegal) |

| Serbia and Montenegro (Pristina)(living-conditions allowance = 8 points; emergency = 12 months in 2005) | Vienna (Austria) |

REST LEAVE

(Article 8 of Annex X)

Date of effect: 1 January 2007

LIVING-CONDITIONS ALLOWANCES |

Number of days and periods | Place of employment | Place of rest leave |

15 working days; | Indonesia (Banda Aceh) | Phuket (Thailand) |

a maximum of 5 periods | Iraq | Brussels (Belgium) |

(living-conditions allowance = 15-16 points) | Sudan | Brussels (Belgium) |

| Southern Sudan | Brussels (Belgium) |

| | |

12 working days; | Afghanistan | Brussels (Belgium) |

a maximum of 4 periods | Chad | Brussels (Belgium) |

(living-conditions allowance = 13-14 points) | East Timor | Darwin (Australia) |

| Yemen | Brussels (Belgium) |

| | |

9 working days; | Bangladesh | Phuket (Thailand) |

a maximum of 3 periods | Liberia | Brussels (Belgium) |

(LCA = 12 points) | Papua New Guinea | Darwin (Australia) |

| Central African Republic | Brussels (Belgium) |

| Sierra Leone | Brussels (Belgium) |

| | |

6 working days; | Angola | Brussels (Belgium) |

a maximum of 2 periods | Burundi | Brussels (Belgium) |

(LCA = 11 points) | Congo | Brussels (Belgium) |

| Côte d'Ivoire | Brussels (Belgium) |

| Djibouti | Brussels (Belgium) |

| Guinea | Brussels (Belgium) |

| Haiti | Brussels (Belgium) |

| Solomon Islands | Darwin (Australia) |

| Indonesia (Jakarta) | Phuket (Thailand) |

| Laos | Phuket (Thailand) |

| Mauritania | Brussels (Belgium) |

| Nepal | Phuket (Thailand) |

| Niger | Brussels (Belgium) |

| Nigeria | Brussels (Belgium) |

| Pakistan | Phuket (Thailand) |

| Democratic Republic of the Congo | Brussels (Belgium) |

| Sri Lanka | Phuket (Thailand) |

REST LEAVE

(Article 8 of Annex X)

Date of effect: 1 January 2008

LIVING-CONDITIONS ALLOWANCES |

Number of days and periods | Place of employment | Place of rest leave |

15 working days; | Indonesia (Banda Aceh) | Phuket (Thailand) |

a maximum of 5 periods | Iraq | Brussels (Belgium) |

(living-conditions allowance = 15-16 points) | Sudan | Brussels (Belgium) |

| Southern Sudan | Brussels (Belgium) |

| | |

12 working days; | Afghanistan | Brussels (Belgium) |

a maximum of 4 periods | Chad | Brussels (Belgium) |

(living-conditions allowance = 13-14 points) | East Timor | Darwin (Australia) |

| Yemen | Brussels (Belgium) |

| | |

9 working days; | Bangladesh | Phuket (Thailand) |

a maximum of 3 periods | Liberia | Brussels (Belgium) |

(LCA = 12 points) | Papua New Guinea | Darwin (Australia) |

| Central African Republic | Brussels (Belgium) |

| Sierra Leone | Brussels (Belgium) |

| | |

6 working days; | Angola | Brussels (Belgium) |

a maximum of 2 periods | Burundi | Brussels (Belgium) |

(LCA = 11 points) | Comoros | Brussels (Belgium) |

| Congo | Brussels (Belgium) |

| Côte d'Ivoire | Brussels (Belgium) |

| Djibouti | Brussels (Belgium) |

| Eritrea | Brussels (Belgium) |

| Guinea | Brussels (Belgium) |

| Haiti | Brussels (Belgium) |

| Solomon Islands | Brussels (Belgium) |

| Laos | Phuket (Thailand) |

| Nepal | Phuket (Thailand) |

| Niger | Brussels (Belgium) |

| Nigeria | Brussels (Belgium) |

| Pakistan | Phuket (Thailand) |

| Democratic Republic of the Congo | Brussels (Belgium) |

| Sri Lanka | Phuket (Thailand) |

ANNEX II

LIST A OF PLACES OF EMPLOYMENT AND LIVING-CONDITIONS ALLOWANCE RATES

Date of effect: 1.1.2006

40% | 35% | 30% | 25% | 20% | 15% | 10% | No allowance |

Afghanistan | Angola | Albania | Saudi Arabia | South Africa | Argentina | Netherlands Antilles | Australia |

Bangladesh | Burundi | Algeria | Belarus | Former Yugoslav Republic of Macedonia | Botswana | Barbados | Canada |

Iraq | Cameroon | Armenia | Benin | Bosnia and Herzegovina (Sarajevo) | Bulgaria | Brazil | Croatia |

Liberia | Congo | Burkina Faso | Bolivia | Bosnia and Herzegovina (Banja Luka) | Chile | Morocco | United States (New York) |

Papua New Guinea | Côte d'Ivoire | Cambodia | Cape Verde | South Korea | China (Hong Kong) | Mauritius | United States (Washington) |

Central African Republic | Georgia | Djibouti | China (Beijing) | Cuba | Costa Rica | Tunisia | Norway |

Sierra Leone | Guinea | Ethiopia | West Bank – Gaza Strip | El Salvador | Japan (Tokyo) | Uruguay | New Zealand |

Sudan | Guinea-Bissau | India | Colombia | Gabon | Jordan | | Switzerland |

Chad | Guyana | Kazakhstan (Almaty) | Egypt | Honduras | Lebanon | | |

| Haiti | Kazakhstan (Astana) | Ecuador | Israel | Namibia | | |

| Solomon Islands | Mali | Eritrea | Kiribati | New Caledonia | | |

| Indonesia (Banda Aceh) | Mozambique | Gambia | Lesotho | Paraguay | | |

| Indonesia (Jakarta) | Uzbekistan | Ghana | Malaysia | Dominican Republic | | |

| Kyrgyzstan | Serbia and Montenegro (Pristina) | Guatemala | Mexico | Romania | | |

| Laos | Sri Lanka | Fiji | Micronesia | Senegal | | |

| Mauritania | Tanzania | Jamaica | Montenegro | Singapore | | |

| Nepal | Vietnam | Japan (Naka) | Samoa | Taiwan | | |

| Niger | Zambia | Kenya | Serbia and Montenegro (Belgrade) | Trinidad and Tobago | | |

| Nigeria | | Madagascar | Swaziland | Turkey | | |

| Pakistan | | Malawi | Syria | | | |

| Democratic Republic of the Congo | | Republic of Moldova | Thailand | | | |

| Rwanda | | Nicaragua | Tonga | | | |

| Tajikistan | | Uganda | Vanuatu | | | |

| East Timor | | Panama | | | | |

| Togo | | Peru | | | | |

| Yemen | | Philippines | | | | |

| | | Russia | | | | |

| | | Suriname | | | | |

| | | Ukraine | | | | |

| | | Venezuela | | | | |

| | | Zimbabwe | | | | |

LIST B OF PLACES OF EMPLOYMENT AND LIVING-CONDITIONS ALLOWANCE RATES*

Date of effect: 1.7.2006 (* except Indonesia (Banda Aceh), East Timor and Trinidad and Tobago: 1.1.2006)

40% | 35% | 30% | 25% | 20% | 15% | 10% | No allowance |

Afghanistan | Angola | Albania | Saudi Arabia | South Africa | Argentina | Barbados | Australia |

Bangladesh | Burundi | Algeria | Belarus | Former Yugoslav Rep. of Macedonia | Botswana | Brazil | Canada |

Indonesia (Banda Aceh) * | Cameroon | Armenia | Benin | Bosnia and Herzegovina (Banja Luka) | Bulgaria | Morocco | Croatia |

Iraq | Congo | Burkina Faso | Bolivia | Bosnia and Herzegovina (Sarajevo) | Chile | Mauritius | United States (New York) |

Liberia | Côte d'Ivoire | Cambodia | Cape Verde | South Korea | China (Hong Kong) | Tunisia | United States (Washington) |

Papua New Guinea | Georgia | Comoros * | China (Beijing) | El Salvador | Costa Rica | Uruguay | Norway |

Central African Republic | Guinea | Djibouti | West Bank – Gaza Strip | Gabon | Japan (Tokyo) | | New Zealand |

Sierra Leone | Guinea-Bissau | Eritrea * | Colombia | Israel | Jordan | | Switzerland |

Sudan | Guyana | Ethiopia | Cuba * | Kiribati | Lebanon | | |

Southern Sudan * | Haiti | India | Egypt | Lesotho | Namibia | | |

Chad | Solomon Islands | Kazakhstan (Almaty) | Ecuador | Malaysia | New Caledonia | | |

East Timor | Indonesia (Jakarta) | Kazakhstan (Astana) | Gambia | Mexico | Panama * | | |

| Kyrgyzstan | Kosovo (Pristina) | Ghana | Micronesia | Paraguay | | |

| Laos | Mali | Guatemala | Montenegro | Dominican Republic | | |

| Mauritania | Mozambique | Honduras * | Samoa | Romania | | |

| Nepal | Uzbekistan | Fiji | Serbia and Montenegro (Belgrade) | Senegal | | |

| Niger | Sri Lanka | Jamaica | Swaziland | Singapore | | |

| Nigeria | Tanzania | Japan (Naka) | Syria | Taiwan | | |

| Pakistan | Vietnam | Kenya | Thailand | Turkey | | |

| Democratic Republic of the Congo | Zambia | Madagascar | Tonga | | | |

| Rwanda | | Malawi | Trinidad and Tobago * | | | |

| Tajikistan | | Republic of Moldova | Vanuatu | | | |

| Togo | | Nicaragua | | | | |

| Yemen | | Uganda | | | | |

| | | Peru | | | | |

| | | Philippines | | | | |

| | | Russia | | | | |

| | | Suriname | | | | |

| | | Ukraine | | | | |

| | | Venezuela | | | | |

| | | Zimbabwe | | | | |

* Revised following 2006 mid-term review.

LIST C OF PLACES OF EMPLOYMENT AND LIVING-CONDITIONS ALLOWANCE RATES

Date of effect: 1.1.2007

40% | 35% | 30% | 25% | 20% | 15% | 10% | No allowance |

Afghanistan | Angola | Albania | Algeria | South Africa | Argentina | Barbados | Australia |

Bangladesh | Azerbaijan | Burkina Faso | Saudi Arabia | Former Yugoslav Republic of Macedonia | Botswana | Brazil | Canada |

Indonesia (Banda Aceh) | Burundi | Cambodia | Armenia | Bosnia and Herzegovina (Banja Luka) | Chile | Bulgaria | Croatia |

Iraq | Cameroon | Ethiopia | Belarus | Bosnia and Herzegovina (Sarajevo) | China (Hong Kong) | Mauritius | United States (New York) |

Liberia | Comoros | India | Benin | Cape Verde | Costa Rica | Romania | United States (Washington) |

Papua New Guinea | Congo | Kazakhstan (Astana) | Bolivia | South Korea | Japan (Tokyo) | Tunisia | Norway |

Central African Republic | Côte d'Ivoire | Kosovo (Pristina) | China (Beijing) | El Salvador | Jordan | Uruguay | New Zealand |

Sierra Leone | Djibouti | Mali | West Bank – Gaza Strip | Israel | Malaysia | | Switzerland |

Sudan | Eritrea | Mozambique | Colombia | Lesotho | Morocco | | |

Southern Sudan | Georgia | Uzbekistan | Cuba | Lebanon | Namibia | | |

Chad | Guinea | Tanzania | Egypt | Mexico | New Caledonia | | |

East Timor | Guinea-Bissau | Togo | Ecuador | Micronesia | Panama | | |

Yemen | Guyana | Zambia | Gabon | Montenegro | Paraguay | | |

| Haiti | Zimbabwe | Gambia | Samoa | Dominican Republic | | |

| Solomon Islands | | Ghana | Serbia | Senegal | | |

| Indonesia (Jakarta) | | Guatemala | Swaziland | Singapore | | |

| Kyrgyzstan | | Honduras | Syria | Taiwan | | |

| Laos | | Fiji | Thailand | Turkey | | |

| Mauritania | | Jamaica | Trinidad and Tobago | | | |

| Nepal | | Kazakhstan (Almaty) | Vanuatu | | | |

| Niger | | Kenya | | | | |

| Nigeria | | Madagascar | | | | |

| Pakistan | | Malawi | | | | |

| Democratic Republic of the Congo | | Republic of Moldova | | | | |

| Rwanda | | Mongolia | | | | |

| Sri Lanka | | Nicaragua | | | | |

| Tajikistan | | Uganda | | | | |

| | | Peru | | | | |

| | | Philippines | | | | |

| | | Russia | | | | |

| | | Suriname | | | | |

| | | Ukraine | | | | |

| | | Venezuela | | | | |

| | | Vietnam | | | | |

LIST D OF PLACES OF EMPLOYMENT AND LIVING-CONDITIONS ALLOWANCE RATES

Date of effect: 1.1.2008

40% | 35% | 30% | 25% | 20% | 15% | 10% | No allowance |

Afghanistan | Angola | Burkina Faso | Albania | Armenia | South Africa | Barbados | Australia |

Bangladesh | Burundi | Cambodia | Algeria | Former Yugoslav Republic of Macedonia | Argentina | Brazil | Canada |

Indonesia (Banda Aceh) | Cameroon | West Bank – Gaza Strip | Saudi Arabia | Belarus | Botswana | Bulgaria | Croatia |

Iraq | Comoros | Ethiopia | Benin | Bosnia and Herzegovina (Banja Luka) | Chile | Mauritius | United States (New York) |

Liberia | Congo | Georgia | Bolivia | Bosnia and Herzegovina (Sarajevo) | China (Hong Kong) | Romania | United States (Washington) |

Papua New Guinea | Côte d'Ivoire | India | Colombia | Cape Verde | South Korea | Tunisia | Norway |

Central African Republic | Djibouti | Kazakhstan (Astana) | Cuba | China | Costa Rica | Uruguay | New Zealand |

Sierra Leone | Eritrea | Kyrgyzstan | Egypt | El Salvador | Japan (Tokyo) | | Switzerland |

Sudan | Guinea | Kosovo (Pristina) | Ecuador | Israel | Jordan | | |

Southern Sudan | Guinea-Bissau | Mali | Gabon | Lesotho | Malaysia | | |

Chad | Guyana | Mozambique | Gambia | Lebanon | Morocco | | |

East Timor | Haiti | Uzbekistan | Ghana | Mexico | Namibia | | |

Yemen | Solomon Islands | Philippines | Guatemala | Micronesia | New Caledonia | | |

| Indonesia (Jakarta) | Tanzania | Honduras | Montenegro | Panama | | |

| Laos | Togo | Fiji | Dominican Republic | Paraguay | | |

| Mauritania | Zambia | Jamaica | Samoa | Singapore | | |

| Nepal | Zimbabwe | Kazakhstan (Almaty) | Senegal | Taiwan | | |

| Niger | | Kenya | Serbia | Turkey | | |

| Nigeria | | Madagascar | Swaziland | | | |

| Pakistan | | Malawi | Syria | | | |

| Democratic Republic of the Congo | | Republic of Moldova | Thailand | | | |

| Rwanda | | Nicaragua | Trinidad and Tobago | | | |

| Sri Lanka | | Uganda | Ukraine | | | |

| Tajikistan | | Peru | Vanuatu | | | |

| | | Russia | | | | |

| | | Suriname | | | | |

| | | Venezuela | | | | |

| | | Vietnam | | | | |

[1] Since the 2004 Staff Regulations distinguish between difficult places of employment and very difficult places of employment, it was decided (in agreement with the trade unions and staff associations) to review the threshold for activating rest leave, as of 2007. The threshold has therefore been raised to 11 points and the number of rest periods increased (as stated above).

[2] Since the entry into force of the new Staff Regulations (2004), contract staff are entitled to the living-conditions allowance and exceptional rest leave.

[3] OJ L 59, 1.3.2006, p. 1.

[4] OJ L 279, 11.10.2006, p. 27.

[5] OJ L 354, 14.12.2006, p. 39.

[6] OJ L 109, 26.4.2007, p. 22.

[7] OJ L 15, 18.1.2008, p. 29.

[8] OJ L 112, 24.4.2008, p. 26.

[9] OJ L 172, 2.7.2008, p. 1.

[10] OJ L 335, 13.12.2008, p. 94.

[11] OJ L 80, 26.3.2009, p. 14.

[12] Reduction in the number of rest places, sometimes further away than in the past.

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