Proposal for a COUNCIL REGULATION amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities

(presented by the Commission)

EXPLANATORY MEMORANDUM

Although the European institutions are unique by virtue of the role they play and the place they occupy on the international scene, they cannot be impervious to the changes taking place around them. The environment in which they operate has changed over the past 40 years: politically, organisationally and in terms of the day-to-day work performed. Social, economic and technological progress too has revolutionised traditional bureaucratic structures, decision-making processes and working methods.

The Commission as an organisation must keep abreast of these developments, even though the expectations of European citizens have grown and its tasks have expanded significantly. Thus, its methods of financial control and management have remained virtually unchanged while the actual number of dossiers dealt with has increased tenfold in ten years, and the Staff Regulations that govern the working conditions of its staff have not been substantially amended since they were adopted in 1967.

Recognising this situation, the European Councils in Berlin and Cologne charged Mr Prodi and the Commission with the task of reforming the Commission. The White Paper adopted on 1 March 2000 (COM(2000)200) outlines the strategy to be followed and defines three main priorities:

* thorough modernisation of financial management, control and audit and establishment of a system based on a clear allocation of responsibilities, underpinning an obligation to be accountable;

* introduction of a new system of strategic planning involving activity-based management, the aim being to ensure constant coordination between the tasks to be carried out and the resources required;

* modernisation of staff policy in order to ensure judicious utilisation/training/management/motivation of a highly qualified staff with a view to carrying out priority tasks.

In connection with this third priority a series of policy guidelines were adopted by the Commission on 28 February 2001. On the basis of wide-ranging consultations, both internal - with departments and staff representatives - and with the other institutions, those guidelines were clarified and developed into concrete proposals.

Some of the proposals (e.g. amending the internal provisions on training policy and the staff appraisal and promotion system) can be implemented under the existing Staff Regulations. Others, however, require amendments to the Staff Regulations and the Conditions of Employment of other servants. This proposal for a Regulation sets out those amendments.

* Through the application of common rules, the Staff Regulations ensure that there is a single European civil service. Agencies should specifically be included in the scope of the Staff Regulations in order to strengthen cooperation between institutions and agencies on staff policy in the interests of the smooth running of the Communities and the efficient use of human resources.

* The Staff Regulations define all the rights and obligations of officials. Changes are required to incorporate advances and innovations in the working environment, in particular the Charter of Fundamental Rights of the European Union and the culture of service to the citizen. Those rights and obligations must be clear and easily understood and allow precise criteria to be laid down and used by the Administration as a basis for its decisions. The following points must be clarified and simplified:

- Impartiality is a fundamental principle of public service that is recognised by the Charter of Fundamental Rights of the European Union. A better definition is needed of the obligations of officials in situations in which there might be a conflict of interests.

- Experience gained in public or elected office can be useful for both the official and the institution, but clear rules must be laid down for members of staff seeking or attaining public office.

- Confidentiality is another principle essential to the proper functioning and the reputation of the Communities. This implies obligations for former officials, which need to be better defined.

- At the same time, the institutions are determined to comply with the principle of transparency of the European civil service and to pursue a policy of openness towards the public. In order to do so, the precise boundaries of professional secrecy must be mapped out.

- Freedom of expression is a basic right of all officials. The Staff Regulations must lay down clear rules on prior authorisation for publications connected with Community policies.

* The Commission plays a leading role in the Community policy of equal opportunities in the workplace, i.e. the fight against discrimination on grounds of gender, race, religion, disability, age or sexual orientation. As an employer, it must offer its staff at least an equivalent level of protection. The Staff Regulations should be amended to ensure full compliance with that principle, for example by granting (subject to certain conditions) members of staff in a recognised partnership or a confirmed stable partnership certain advantages originally reserved for married members of staff.

* A number of amendments confirm the importance of social welfare within staff policy. The Staff Regulations is to include an explicit reference to social welfare policy. New provisions on family-related leave, in particular parental leave (which sometimes involve formal recognition of arrangements that have developed in practice), the introduction of flexible working arrangements and the introduction (subject to certain conditions) of the right to work part time will help not only to reconcile work and private life, promote equal opportunities and protect the dignity of the individual but also to increase staff motivation (and therefore productivity) and make the conditions offered to candidates for recruitment more attractive.

* New provisions will permit the problems of sexual and psychological harassment to be dealt with more effectively.

* A careers system anchored in the Staff Regulations is the best way to preserve the independence of the European civil service and incorporate different working cultures. If accompanied by a new appraisal system, more rigorous than the present one, such a career system can promote cohesion and avoid the divisiveness that undue emphasis on individual results at the expense of teamwork creates. That principle must be maintained. However, the current career structure should be reviewed to take account of profound changes in patterns of employment and work: lifelong learning has become the norm everywhere in Europe; versatility is expected as job content changes rapidly; the division into four categories based on school education has lost its relevance as the use of informatics and other technologies has become more widespread. By reorganising the careers structure and facilitating movement between categories, the proposed amendments to the Staff Regulations are aimed at improved recognition of professional experience and lifelong learning. They will ensure better correlation between performance and remuneration by offering greater incentives for good performance. Within the system of appraisal, an amendment to the Staff Regulations is necessary to create a legal framework for the appraisal of Directors and Directors-General.

* Mobility has two objectives: to satisfy the institution's requirements in terms of efficiency and organisational adjustment to a changing environment and to meet the needs of officials as regards the interest of their work, personal fulfilment and career development. Mobility can involve a change of duties within a unit or transfer to another unit, directorate or directorate-general or even outside the institution. The European institutions recognise the importance of external mobility. An amendment to the Staff Regulations is required to improve the conditions for external mobility and modernise the conditions for the granting of leave on personal grounds. A further amendment is required to create a suitable framework for the separate and transparent publication of vacant posts to be filled by transfer or by promotion/appointment.

* The quality of the European public administration must be maintained so as to permit it to perform its task in accordance with the Treaties. As in the past, the Staff Regulations must provide the Communities with staff of the highest calibre in terms of independence, competence, productivity and integrity, recruited on the widest possible geographical basis within the Union. This involves offering candidates sufficiently attractive pecuniary conditions. A recent study has shown that the remuneration of European officials in Brussels is comparable overall with that of expatriate officials of the Member States and with that of comparable staff in international organisations, but lower than that of staff working in multinational companies. Competition on the labour market is stiff. Steps must be taken to ensure that the situation does not deteriorate to the detriment of the European civil service. One of the proposed amendments is aimed at ensuring the competitiveness of the European institutions and maintaining the overall level of remuneration by incorporating into the Staff Regulations a standing method for the annual adjustment of salaries and so guarantee, in a manner similar to that of the Method of adjustment that expires in 2003, that the purchasing power of officials develops in parallel with that of national civil servants.

* Independently of the level of remuneration, amendments are required to modernise and rationalise the system of allowances. For the most part, they involve simplifying the rules and making them more transparent. In just a few cases, however, they involve the abandonment of outmoded provisions. The reimbursement of travel and mission expenses will be more in line with real costs and will be simpler to administer. The education allowance will be aligned more closely on actual expenditure. The reform of family allowances will improve the situation of families and will address in particular the problems faced by parents of young children. Weightings to be applied to that part of the salary that may be transferred to the country of origin are no longer those for the capital, but those for the country as a whole, and only in limited cases involving legal commitments.

* The major amendment involving pensions is the introduction into the Staff Regulations of an objective and systematic auditing procedure based on the strictest standards, the aim being to ensure the short-term and long-term actuarial balance of the scheme and enable pensions to be fully financed from the contributions of all the parties concerned. Other amendments are aimed at modernising the retirement, invalidity and survivor's pensions and, in particular, apply specific weightings, i.e. distinct from those applied to the remuneration of staff in active service, and at ensuring greater neutrality for the transfer of pension rights.

* The Commission must abide by its own recommendations to the Member States, particularly as regards early retirement. However, at the Commission and within the European institutions generally, the problem of early departure does not arise in the same way as it does in the Member States. At the Commission, the number of officials taking early retirement is very small, an average of only ten per year over the past ten years. The problem, therefore, is not to discourage early retirement; if anything it is almost the opposite: the European institutions' early-retirement scheme is not working. The provisions of the Staff Regulations on which it is based are over 30 years old and should be revised. The proposed amendments to the Staff Regulations are intended to modernise the scheme, bring it more closely into line with Community rules on the free movement of labour, correct certain inconsistencies and introduce more flexibility.

* Professional incompetence is not a common problem in the European institutions. Occasionally, however, some members of staff do not attain the level of performance expected of them, for a variety of reasons: lack of motivation, problems in adjusting to new tasks or working methods, etc. Procedures have been defined to detect, manage and remedy problems of professional incompetence in a preventive and positive way, the principal objective being to offer the members of staff concerned an opportunity and the means to regain an adequate level of performance. A new legal framework is proposed to deal with those officials who cannot achieve the expected level of performance.

* The new provisions to improve working conditions, job satisfaction, ways of addressing professional incompetence, and staff management will have a positive impact on absenteeism. A further amendment to the Staff Regulations is, at the same time, expected to simplify procedures for monitoring absenteeism.

* The current disciplinary arrangements have a number of shortcomings: the composition of the disciplinary board varies in each case, procedures are too lengthy, administrative procedures (in particular procedures for administrative investigations) have changed but have not been consolidated and the creation of the Anti-fraud Office (OLAF) has introduced a new dimension not covered by the Staff Regulations. Amendments to the Staff Regulations are proposed to: rationalise the way disciplinary proceedings are opened and conducted; stabilise the membership of disciplinary boards; and adjust the rules on the suspension of officials.

* The amendments provide for a new legal framework and new statutory guarantees for the legal protection of all officials who report misconduct and serious wrongdoing within the service.

* Amendments are necessary to harmonise the provisions applicable to officials in the scientific and technical services. Similarly, provisions on the staff of the Unified External Service must be adapted and clarified.

* The Conditions of Employment of other servants must be amended to harmonise them with the new provisions applicable to officials. A special amendment of the Conditions of Employment of other servants is required to improve the provisions on unemployment applicable to members of the temporary staff on termination of their service.

* One of the purposes of the Conditions of Employment of other servants is to provide a system for the replacement and support of permanent officials. The Conditions must clearly define the duties of non-permanent staff. A new type of servant needs to be introduced, namely contract staff. They will eventually replace staff in Category D and will be employed at all levels in Commission Offices and Representations, in Delegations and Agencies and in the executive agencies and other bodies created by specific legal act. After two fixed-term contracts, contract staff may be given a contract of indefinite duration. These arrangements should also make it possible to simplify the various types of contract used at present. It will continue to be possible to employ temporary staff in permanent posts.

Finally, provision is made for transitional arrangements to enable the new measures and rules to be applied gradually and to guarantee established rights.

2002/0100 (CNS)

Proposal for a COUNCIL REGULATION amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 283 thereof,

Having regard to the Protocol on the Privileges and Immunities of the European Communities,

Having regard to the proposal presented by the Commission after consulting the Staff Regulations Committee [1],

[1] OJ C [...], [...], p. [...].

Having regard to the opinion of the European Parliament [2],

[2] OJ C [...], [...], p. [...].

Having regard to the opinion of the Court of Justice [3],

[3] OJ C [...], [...], p. [...].

Having regard to the opinion of the Court of Auditors [4],

[4] OJ C [...], [...], p. [...].

Whereas:

(1) An overhaul of the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities set out in Council Regulation (EEC, Euratom, ECSC) No 259/68 [5] has become essential to adapt them to innovations in the working environment since their adoption, and to changes that have occurred in the tasks of the institutions since that time and foreseeable future changes.

[5] OJ L 56, 4.3.1968, p. 1.

(2) The Staff Regulations and Conditions of Employment underpin the existence of a single European civil service. They are aimed at ensuring that human resources are managed as effectively as possible in a European civil service characterised in particular by competence, independence, loyalty, impartiality and permanence. They serve to maintain a high-quality European public administration that can continue to carry out its tasks in accordance with the Treaties and with the principles reaffirmed by the Charter of Fundamental Rights of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities are amended as set out in Annex I (as regards the Staff Regulations of officials) and Annex II (as regards the Conditions of Employment of other servants).

Article 2

This Regulation shall enter into force on [...].

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, [...] 2002

For the Council

The President

[...]

Annex I Amendments to the Staff Regulations of officials of the European Communities

The Staff Regulations of officials of the European Communities are amended as follows:

1. Article 1 is replaced by the following:

"Article 1

These Staff Regulations shall apply to officials of the Communities."

2. The first paragraph of the former Article 1 becomes Article 1a.

3. The following Article is inserted:

"Article 1b

Save as otherwise provided in these Staff Regulations,

- the Economic and Social Committee,

- the Committee of the Regions,

- the European Ombudsman,

- the European Data Protection Supervisor and

- those Community bodies to which these Staff Regulations apply under the Community acts establishing them (hereinafter "agencies")

shall, for the purposes of these Staff Regulations, be treated as institutions of the Communities.

4. The following Article is inserted:

"Article 1c

Any reference in these Staff Regulations to a person of the male sex shall be deemed also to constitute a reference to a person of the female sex, and vice-versa, unless the context clearly indicates otherwise."

5. The former Article 1a becomes Article 1d and is amended as follows:

(a) Paragraph 1 is replaced by the following:

"1. In the application of these Staff Regulations, any discrimination shall be prohibited, in particular that based on gender, race, colour, ethnic or social origin, genetic features, language, religion, convictions, political opinions or any other opinions, membership of a national minority, wealth, birth, age, disability or sexual orientation.

For the purposes of these Staff Regulations, non-marital partnerships shall be treated as marriage provided that all the conditions listed in Article 1(2)(c) of Annex VII are fulfilled."

(b) In paragraph 2 the following phrase is inserted after "women in working life":

" which shall be an essential element to be considered in the implementation of all aspects of these Staff Regulations,"

(c) The following paragraphs 4, 5 and 6 are added:

"4. For the purposes of paragraph 1 a person has a disability if he has a physical or mental impairment that is permanent or likely to be so. The impairment shall be determined under the procedure set out in Article 33.

A person with a disability is qualified for employment if he can perform the essential functions of the job when reasonable accommodation is made.

Reasonable accommodation, in relation to the essential functions of the job, shall mean the provision or the modifying of devices, services or workplaces or the changing of practices and procedures in order to help a person with a disability to the efficient performance of his duties, provided it does not impose an undue burden on the institution.

5. In so far as the principle of equal treatment as set out above is concerned, where a person to whom these Staff Regulations apply establishes facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the institution to prove that there has been no breach of the principle of equal treatment.

6. While respecting the principle of non-discrimination and the principle of proportionality, any limitation of their application must be justified on objective and reasonable grounds and must be aimed at legitimate objectives in the general interest in the framework of staff policy. Such objectives may in particular justify stipulating a mandatory retirement age and a minimum age for drawing a retirement pension."

6. The following Article is inserted:

"Article 1e

The institutions shall pursue a social welfare policy for their officials, including retired officials, covering social assistance, social protection, the provision of social infrastructures and appropriate health and safety standards, wherever possible exceeding the minimum laid down in any applicable national provisions. This social policy shall be implemented in close co-operation with the Staff Committee, by establishing multiannual action plans. On the basis of multiannual estimates of needs, the budgetary authority shall make available appropriate means."

7. Article 2 is amended as follows:

(a) The current text of the first paragraph becomes paragraph 1.

(b) The second and third paragraphs are deleted.

(c) The following paragraph 2 is added:

"2. However, one or more institutions may entrust to any one of them or to an inter-institutional body the exercise of some or all of the powers conferred on the Appointing Authority."

(7a) Article 4 is amended as follows:

In the third paragraph, "transfer, promotion or an internal competition" is replaced by "transfer or promotion" and "three European Communities" is replaced by "other institutions, and/or an internal competition shall be organised"

8. Articles 5 and 6 are replaced by the following:

"Article 5

1. The posts covered by the Staff Regulations shall be classified, according to the nature and importance of the duties to which they relate, in an administrators' function group (hereinafter "AD") and an assistants' function group (hereinafter "AST").

2. Function group AD shall comprise twelve grades, corresponding to administrative, advisory, linguistic and scientific duties. Function group AST shall comprise eleven grades, corresponding to executive, technical and clerical duties.

3. Appointment shall require at least

(a) in function group AST

- a post-secondary education diploma or

- an advanced level of secondary education and appropriate professional experience of at least three years, or

- equivalent professional experience.

(b) in function group AD

- a university degree awarded after a course of at least three years and appropriate professional experience of at least one year or a further year of university studies beyond the third year or

- equivalent professional experience.

4. A table showing types of posts is given in Annex I, point A. By reference to this table, each institution shall define the duties and powers attaching to each post after consulting the Staff Regulations Committee.

5. Identical conditions of recruitment and service career shall apply to all officials belonging to the same function group.

Article 6

1. The establishment plan appended to the section of the budget relating to each institution shall indicate the number of posts in each grade.

2. The establishment plan shall guarantee that for each institution each year the possibilities of promotion from a given grade to the next higher grade correspond at least to the number of officials in the lower grade in active employment under Article 35(a), on secondment in the interests of the service under Article 38, on leave for military service under Article 35(e) or on parental leave or family leave under Article 35(f) on 1 January of the preceding year, multiplied by the percentage laid down in the establishment plan in Annex I, point B, for the lower grade.

9. Article 7 is amended as follows:

(a) In paragraph 1, "category or service" is replaced by "function group".

(b) In the second sentence of paragraph 2, "post in a career bracket in his category or service which is higher than his substantive career bracket"

is replaced by

"post in a grade in his function group which is higher than his substantive grade".

(c) In the second sentence of paragraph 2, "in the starting grade" is deleted.

(d) In the second sentence of paragraph 2, "career bracket" is replaced by "grade".

10. Article 9 is amended as follows:

(a) In paragraph 1, point (a), the following indent is inserted after the third indent:

"- one or more Joint Advisory Committees on professional incompetence, as appropriate for the number of officials at the places of employment;".

(b) The second subparagraph of paragraph 2 is replaced by the following:

"The staff of the institution shall be notified of the list of members of these bodies."

(c) In paragraph 5, the point

(b) "on dismissals for incompetence;"

and

"The Committee shall ensure that the periodic reports on staff members are made in a uniform manner within any one institution."

are deleted.

Point (c) becomes point (b), and the following sentence is added at the end of paragraph 5: "It may be instructed by the Appointing Authority to ensure that the periodic reports on staff members are made in a uniform manner within the institution."

(d) The following paragraph is added:

"6. The opinion of the Joint Advisory Committee on professional incompetence shall be sought for the application of Article 51."

11. In the first paragraph of Article 10 the following sentence is inserted after the first sentence:

"The agencies shall be jointly represented in accordance with rules to be fixed by agreement between them and the Commission."

The second paragraph is replaced by the following:

"The Committee shall be consulted by the Commission on all proposals to revise the Staff Regulations; it shall deliver its opinion within the time set by the Commission. Before consultation, concertations on the Commission's proposals shall be held in accordance with the rules established by the Commission after negotiation with the trade unions and staff associations. In addition to the functions conferred upon the Committee by these Staff Regulations, it may put forward suggestions for revising the Staff Regulations. The Committee shall meet at the request of its President, of an institution or of the staff committee of an institution.

(11a) The following Article 10b is inserted:

"The trade unions and staff associations referred to in Article 24b shall act in the general interest of the staff without prejudice to the sphere of competence of the staff committees.

On the basis of rules established by one or more institutions, after negotiation with the trade unions and staff associations referred to in Article 24b, such unions and associations may negotiate and conclude agreements on behalf of the staff."

12. The following sentence is added to the first paragraph of Article 11:

"He shall carry out the duties assigned to him objectively, impartially and in keeping with his duty of loyalty to the Communities."

13. The following Article is inserted after Article 11:

"Article 11a

1. An official shall not, in the performance of his duties and save as hereinafter provided, deal with a matter in which, directly or indirectly, he has any personal interest such as to impair his independence, and, in particular, family and financial interests.

2. Any official to whom it falls, in the performance of his duties, to deal with a matter referred to above shall immediately inform the Appointing Authority. The Appointing Authority shall take any appropriate measure, and may in particular relieve the official from responsibility in this matter.

3. An official may neither keep nor acquire, directly or indirectly, in undertakings which are subject to the authority of the institution to which he belongs or which have dealings with that institution, any interest of such kind or magnitude as might impair his independence in the performance of his duties."

14. Article 12 is replaced by the following:

"Article 12

"An official shall refrain from any action or behaviour which might reflect adversely upon his position.

15. The following Articles are inserted:

"Article 12a

1. Officials shall refrain from any form of psychological or sexual harassment.

2. "Psychological harassment" means any improper conduct that takes place over a period, is repetitive or systematic and involves physical behaviour, spoken or written language, gestures or other acts that are intentional and that may undermine the personality, dignity or physical or psychological integrity of any person.

3. "Sexual harassment" means conduct relating to sex which is unwanted by the person to whom it is directed and which has the purpose or effect of offending that person or creating an intimidating, hostile, offensive or disturbing environment. Sexual harassment shall be treated as discrimination based on gender, as referred to in Article 1d(1).

Article 12b

1. Subject to Article 15, an official wishing to engage in an outside activity, whether paid or unpaid, or to carry out any assignment outside the Communities, shall first obtain the permission of the Appointing Authority. Permission shall be refused only if the activity or assignment in question is such as to interfere with the performance of the official's duties or is incompatible with the interests of the institution.

2. An official shall notify the Appointing Authority of any changes in a permitted outside activity or assignment, which occur after the official has sought the permission of the Appointing Authority under paragraph 1. Permission may be withdrawn if the activity or assignment no longer meets the conditions referred to in the last sentence of paragraph 1."

16. In Article 13 "continue in his post, be transferred to another post or be required to resign" is replaced by "continue in his post or be transferred to another post."

17. Article 14 is deleted.

18. Article 15 is replaced by the following:

"Article 15

1. An official who intends to stand for public office shall notify the Appointing Authority. The Appointing Authority shall decide, in the light of the interests of the service, whether the official concerned:

- should be required to apply for leave on personal grounds, or

- should be granted annual leave, or

- may be authorised to discharge his duties on a part-time basis, or

- may continue to discharge his duties as before.

2. An official elected or appointed to public office shall immediately inform the Appointing Authority. The Appointing Authority shall, having regard to the interests of the service, the importance of the office, the duties it entails and the remuneration and reimbursement of expenses incurred in carrying out those duties, take one of the foregoing decisions. If the official is required to take leave on personal grounds or is authorised to discharge his duties on a part-time basis, the period of such leave or part-time working shall correspond to the official's term of office.

19. The second, third and fourth paragraphs of Article 16 are replaced by the following paragraph:

"Officials intending to engage in an occupational activity within two years of leaving the service shall inform their institution thereof. If that activity is related to the work carried out by the official during the last three years of service and could lead to a conflict with the interests of the institution, the Appointing Authority may, having regard to the interests of the service, either forbid him from undertaking it or give its approval subject to any conditions it thinks fit. The institution shall notify its decision within 30 working days of receiving the notification, after consulting the Joint Committee, which shall give its opinion within the time specified by the institution. If no decision is notified within 30 working days, it shall be deemed to be favourable."

20. Article 17 is replaced by the following:

"Article 17

1. An official shall exercise the greatest discretion with regard to all facts and information not already made public or accessible to the public which come to his knowledge in the course of or in connection with the performance of his duties. He shall not in any manner whatsoever disclose any document or information which has come to his knowledge in the course of, or in connection with, the performance of his duties to any person not authorised to have access to such document or information, unless that document or information has already been made public or is accessible to the public.

2. An official shall continue to be bound by these obligations after leaving the service."

21. The following Article is inserted:

"Article 17a

Without prejudice to Articles 12 and 17, an official who intends to publish or cause to be published, whether alone or with others, any matter dealing with the work of the Communities shall notify the Appointing Authority in writing in advance. The Appointing Authority may refuse permission only where it is able to demonstrate with full reasons that the matter is liable seriously to prejudice the interests of the Communities. The Appointing Authority shall notify the official of its decision within 30 working days. If no decision is notified within the specified period, authorisation shall be deemed to have been granted."

22. Article 18 is amended as follows:

(a) The current text becomes paragraph 1.

(b) In paragraph 1 the following sentence is added:

"The Community shall have the right to acquire compulsorily the copyright in such works."

(c) The following paragraphs are added:

"2. Any invention made by an official in the course of or in connection with the performance of his duties shall be the undisputed property of the Community. The institution may, at its own expense and on behalf of the Community, apply for and obtain patents therefor in all countries. Any invention relating to the work of the Community made by an official during the year following the expiration of his term of duty shall, unless proved otherwise, be deemed to have been made in the course of or in connection with the performance of his duties. Where inventions are the subject of patents, the name of the inventor or inventors shall be stated.

3. The institution may in appropriate cases award a bonus, the amount of which shall be determined by the institution, to an official who is the author of a patented invention."

23. In Article 20 the following sentence is added:

"The official shall notify the Appointing Authority of his address and inform it immediately of any change of address."

24. The last paragraph of Article 21 is deleted.

25. The following Article is inserted:

"Article 21a

1. An official who receives orders which he considers to be irregular or likely to give rise to serious difficulties shall inform his immediate superior, who shall, if the information is given in writing, reply in writing. Subject to paragraph 2, if the immediate superior confirms the orders and the official believes that such confirmation does not constitute a reasonable response to the grounds of his concern, the official shall refer the question in writing to the hierarchical authority immediately above. If the latter confirms the orders in writing, the official shall carry them out unless they constitute a breach of criminal law or of the relevant safety standards.

2. If the immediate superior considers that the orders must be executed promptly, the official shall carry them out unless they constitute a breach of criminal law or of the relevant safety standards. At the request of the official, the immediate superior shall be obliged to give such orders in writing."

26. The following Articles are inserted:

"Article 22a

1. Any official who, in the course of or in connection with the performance of his duties, becomes aware of evidence which gives rise to a presumption of the existence of illegal activity, including fraud or corruption, detrimental to the interests of the Communities, or of conduct relating to the discharge of professional duties which may constitute a serious failure to comply with the obligations of officials of the Communities liable to result in disciplinary or, in appropriate cases, criminal proceedings, or of a failure by any other person to comply with any similar obligation he may have towards an institution, including members of institutions and any other person at the service of an institution in any manner whatsoever or carrying out services for an institution, shall without delay inform his Head of Service or Director-General or, if he considers it useful, the Secretary-General, or the persons in equivalent positions, or the European Anti-Fraud Office direct.

2. Any official receiving such information shall without delay transmit to the European Anti-Fraud Office any evidence of which he is aware from which the existence of the irregularities referred to in paragraph 1 may be presumed.

3. An official shall not suffer any adverse consequences from the institution as a result of having communicated the information referred to in paragraphs 1 and 2, provided that he acted reasonably and honestly.

4. Paragraphs 1 to 3 shall not apply, in the Court of Justice, to documents, deeds, reports, notes or information in any form whatsoever held or created in the course of proceedings in legal cases, whether pending or closed.

Article 22b

1. An official who further discloses information as defined in Article 22a to the President of the Commission or of the Court of Auditors or of the Council of Ministers or of the European Parliament, or to the European Ombudsman, shall not as a result suffer any adverse consequences from the institution to which he belongs provided that all of the following conditions are met:

(a) the official honestly and reasonably believes that the information disclosed, and any allegation contained in it, are substantially true; and

(b) the official has previously disclosed the same information to the European Anti-Fraud Office or to his own institution and has allowed a reasonable period of time for the Office or that institution to take appropriate action.

2. For the purposes of paragraph 1, point (b), and subject to paragraph 3, a reasonable period shall be the period which the Office or the institution, as the case may be, has indicated as being necessary to carry out the investigations and, where necessary, take appropriate action. The official shall be duly informed.

3. Paragraph 2 shall not apply where the official can demonstrate that the period or periods indicated by the Office or the institution is or are unreasonable having regard to all the circumstances of the case.

4. Paragraphs 1 to 3 shall not apply, in the Court of Justice, to documents, deeds, reports, notes or information in any form whatsoever held or created in the course of proceedings in legal cases, whether pending or closed.

Article 22c

The protection provided under Articles 22b is without prejudice to any personal liability which the official making the disclosure may incur under the relevant national provisions."

27. In Article 23, "grade A 1 to A 4" is replaced by "grade AD 12 to AD 16".

28. The third and fourth paragraphs of Article 24 become Article 24a.

29. The former Article 24a becomes Article 24b.

30. In the third paragraph of Article 25, "shall at once be posted in the premises of the institution to which the official belongs and shall be published in the Monthly Staff Bulletin of the Communities" is replaced by "shall be brought to the attention of the staff in the institution to which the official belongs."

31. Article 26 is amended as follows:

(a) In the third paragraph the following is added after "letter":

"to the last address communicated by the official."

(b) In the fourth paragraph the following is inserted after "religious views":

"or to his racial or ethnic origin or sexual orientation unless provided or approved by the official himself."

(c) In the sixth paragraph "and to take copies of them if necessary" is inserted after "file".

(d) In the seventh paragraph, "or on a secure electronic medium" is inserted after "administration".

At the end of the seventh paragraph "before the Court" is deleted.

32. The following Article is inserted after Article 26:

"Officials shall have the right to acquaint themselves with their medical files, in accordance with arrangements to be laid down by the institutions."

33. The second paragraph of Article 27 is deleted.

34. Article 29 is amended as follows:

(a) Points (a), (b) and (c) of paragraph 1 are replaced by the following:

"(a) whether the post can be filled by

(i) transfer or

(ii) promotion

within the institution;

(b) whether requests for transfer have been received from officials of the same grade in other institutions, and/or whether to hold a competition internal to the institution, which shall be open only to officials and temporary staff as defined in Article 2 of the Conditions of Employment of other servants of the European Communities;"

(b) In paragraph 2, "grade A 1 or A 2 officials" is replaced by the following:

"senior officials (Directors-General or their equivalent in grade AD 16 or AD 15 and Directors or their equivalent in grade AD 15 or AD 14)"

35. Article 31 is replaced by the following:

"Article 31

1. Candidates selected shall be appointed to the grade of the function group set out in the notice of the competition they have passed.

2. Without prejudice to Article 29(2), officials shall be recruited only at grades AST 1 to AST 4 or AD 5 to AD 8."

36. In Article 32, the second paragraph is replaced by:

"The Appointing Authority may allow additional seniority up to a maximum of 24 months to take account of his professional experience. General implementing provisions shall be adopted to give effect to this Article."

37. The first subparagraph of Article 34(1) is replaced by the following:

"Officials shall serve a nine-month probationary period before they can be established."

38. In Article 35 the following point (f) is added:

"(f) parental leave or family leave".

39. Article 37 is amended as follows:

(a) In the second indent of point (a) of paragraph 1, "or with an elected President of one of the institutions or organs of the Communities or the elected Chairman of one of the political groups in the European Parliament" is replaced by "or the elected President of one of the institutions or organs of the Communities, or one of the political groups in the European Parliament or the Committee of the Regions, or a group in the Economic and Social Committee".

(b) The following paragraph is inserted before the final paragraph: "Any official on active service or on leave on personal grounds may apply for or be offered secondment in the interests of the service."

40. Article 39 is amended as follows:

(a) In point (d), second subparagraph, "the invalidity or the survivor's pension" is replaced by "the invalidity allowance or survivor's pension".

(b) Point (e) becomes point (f)

(c) The following new point is inserted:

"(e) During the period of secondment, the official shall retain his rights to advancement to a higher step;"

(d) In point (f) "category or service" is replaced by "function group".

41. Article 40 is amended as follows:

(a) In the second subparagraph of paragraph 2, "two" is deleted.

(b) The words "of one year each" are deleted. The following sentence is added:

"Extensions may be for periods not exceeding one year."

(c) The third and fourth subparagraphs of paragraph 2 are deleted.

(d) In the second subparagraph of paragraph 3 the first sentence is replaced by the following:

"However, an official who is not engaged in a gainful activity may, not later than one month following that in which the leave on personal grounds begins, apply to continue to be covered in accordance with those Articles, provided that he bears half the cost of the contributions required to cover the risks referred to in Articles 72(1) and 73(1) for the first year of the leave on personal grounds and the full cost during the remainder of such leave. Cover in accordance with Article 73 shall be available only if cover has been obtained in accordance with Article 72. The contributions shall be calculated by reference to the official's last basic salary."

(e) In point (d) of paragraph 4, "category or service" is replaced by "function group" and "or placed on secondment" is inserted after "effectively reinstated".

42. Article 41(3) is amended as follows:

(a) In the second subparagraph, "category or service" is replaced by "function group".

(b) In the sixth subparagraph, "for pensions" is inserted after "at the rate fixed".

43. A new Section 6 entitled "Parental or family leave" is inserted after Article 42, and the following Articles 42a and 42b are inserted:

"Article 42a

An official shall be entitled to up to six months of parental leave without basic salary for every child, to be taken during the first twelve years after the birth or adoption of the child. The duration of the leave may be doubled for single parents recognised under general implementing provisions adopted by the institutions. The minimum leave taken at any one time shall not be less than one month.

During parental leave, the official's membership of the social security scheme shall continue; the acquisition of pension rights, dependent child allowance and education allowance shall be maintained. The official shall retain his post, and continue to be entitled to advancement to a higher step or promotion in grade. The leave may be taken as full-time or half-time leave. Where parental leave is taken in the form of half-time leave, the maximum period provided for in the first paragraph shall be doubled. During parental leave, the official shall be entitled to an allowance of [EUR750] [6] per month or 50% of such sum if on half-time leave but may not engage in any other gainful employment. The full contribution to the social security scheme provided for in Articles 72 and 73 shall be borne by the institution and calculated on the basis of the basic salary of the official. However, in the case of half-time leave this provision shall apply only to the difference between the full basic salary and the proportionally reduced basic salary. For the part of the basic salary actually received, the official's contribution shall be calculated by using the same percentages as if he were in full-time employment.

[6] See footnote 8.

The allowance shall be [EUR1 000] [7] per month, or 50% of such sum if the official is on half-time leave, for the single parents referred to in the first paragraph and during the first three months of parental leave where such leave is taken by the father during maternity leave or by either parent immediately after maternity leave or during or immediately after adoption leave. The above amounts shall be adapted in line with remuneration.

[7] See footnote 8.

Article 42b

In the case of medically certified serious illness or handicap of an official's spouse, relative in the ascending line, relative in the descending line, brother or sister, the official shall be entitled to a period of family leave without basic salary. The total period of such leave shall not exceed nine months over the official's entire career.

The second paragraph of Article 42a shall apply"

44. Article 43 is amended as follows:

(a) In the first paragraph, "with the exception of those in grades A1 and A2," is deleted.

(b) The following paragraph is inserted as the second paragraph:

"As of grade 4, for officials in function group AST, the report may also contain an opinion as to whether, on the basis of performance, he has the potential to carry out an administrator's function."

45. In Article 44 the following paragraph is added:

"If an official is appointed head of unit, director or director-general in the same grade, he shall benefit from advancement by one step in that grade at the time the appointment comes into effect. This advancement shall lead to an increase in his basic monthly salary corresponding to the percentage between the first and the second step in each grade. If the increase is less or if the official at that time is already in the last step of his grade, he shall receive an increase in basic salary ensuring such increase until his next promotion comes into effect."

46. Articles 45 and 46 are replaced by the following:

"Article 45

Promotion shall be by decision of the Appointing Authority in the light of Article 6(2). It shall be effected by appointment of the official to the next higher grade in the function group to which he belongs. Promotion shall be exclusively by selection from among officials who have completed a minimum of two years in their grade, after consideration of the comparative merits of the officials eligible for promotion. When considering comparative merits, the Appointing Authority may take account of the responsibilities fulfilled by them."

"Article 45a

1. From grade 5, an official in function group AST may be transferred to function group AD within the meaning of Article 29 on condition, in particular, that he has successfully completed a set of training modules at a higher level which ensure that he has reached a level equivalent to that required under Article 5(3). The institutions shall adopt general implementing provisions for these arrangements, and in particular for training and transfer. Such provisions shall take account of career development.

2. Such transfer shall not affect the grade and step occupied by the official.

Article 46

An official appointed to a higher grade in accordance with Article 45 shall be placed in the initial step in that grade. However, officials in grades AD 9 to AD 13 carrying out the duties of head of unit who are appointed to a higher grade in accordance with Article 45 shall be placed in the second step of the new grade. The same arrangement shall apply to any official:

- who upon promotion is appointed director or director-general or

- who is director or director-general to whom the last sentence of the second paragraph of Article 44 applies."

47. The following point (g) is inserted in Article 47:

"(g) termination-of-service measures;"

The former point (g) becomes point (h).

48. The following Article is inserted after Article 47:

"Article 47a

1. In order to deal with exceptional circumstances, in particular enlargement of the Union to admit new Member States, departmental reorganisation or redeployment of staff following a change in priorities, the Appointing Authority may decide to apply measures to terminate definitively the service of a fixed number of officials who so request, such arrangements being known as a "termination-of-service scheme".

The number of officials eligible under the scheme shall be determined and authorised by the competent budgetary authority within the framework of the budget procedure.

A termination-of-service scheme may be offered only to officials aged over 50 who have completed at least 10 years of service and who voluntarily apply for the scheme.

The officials accepted shall be selected from among the applicants on the basis of the interests of the service by the Appointing Authority after the Joint Committee has delivered an opinion.

2. Officials whose service is terminated under the scheme shall receive an allowance and be covered by the joint sickness insurance scheme as laid down in Annex IV.

During the period of entitlement to the allowance up to a maximum of six years, officials whose service is terminated under the scheme shall continue to acquire further retirement pension rights on the basis of the salary for their grade and step, provided they have, during the said period, paid the contribution provided for in the Staff Regulations on the basis of that salary, and subject to the condition that the total pension may not exceed the maximum amount laid down in the second paragraph of Article 77. For the purposes of Article 5 of Annex VIII, the said period shall be deemed to be a period of service.

Income received by an official from any new employment during this period shall be deducted from the allowance provided for in the first subparagraph if that income and the allowance together exceed the total remuneration last received by the official calculated by reference to the table of salaries applicable on the first day of the month for which the allowance is to be paid.

The fifth to ninth subparagraphs of Article 41(3) shall apply."

49. Article 48 is amended as follows:

(a) In the third paragraph, "category A and the Language Service" is replaced by

"function group AD"

(b) In the third paragraph, "the other categories" is replaced by "function group AST".

50. In the first paragraph of Article 49, the reference to Article 13 is deleted.

51. Article 50 is amended as follows:

(a) In the first paragraph the phrase "An official holding a post in grades A 1 or A 2" is replaced by "A senior official as defined in Article 29(2)".

[amendment which does not concern the English version]

(b) In the third paragraph, "who is not assigned to another post in his category or service corresponding to his grade" is deleted.

(c) In the sixth paragraph, "Article 9 of Annex VIII" is replaced by "Article 8 of Annex VIII".

52. The title of Section 4, "Dismissal for incompetence", is replaced by "Procedures for dealing with incompetence".

53. Article 51 is replaced by the following:

"Article 51

1. Each institution shall define procedures to identify, deal with and remedy cases of incompetence in a timely and positive fashion. Once these procedures have been exhausted, an official who, on the basis of consecutive career development reports, still proves incompetent in the performance of his duties may be dismissed, downgraded or classified in a lower function group at the same grade or a lower grade.

The Appointing Authority may, however, offer to classify the official in a lower grade or function group.

2. Any proposal to dismiss, downgrade or classify an official in a lower function group shall set out the reasons on which it is based and shall be communicated to the official concerned.

3. The official shall have the right to obtain his personal file and to copy all documents relating to the procedure. He shall have at least fifteen days from the date of receipt of the proposal to prepare a defence. He may be assisted by a person of his choice. The official may submit written comments. Upon request, he may be heard by the Joint Advisory Committee referred to in Article 9(6). The official may also call witnesses.

4. The institution shall be represented before the Joint Advisory Committee by an official designated for that purpose by the Appointing Authority. That official shall have the same rights as the official concerned.

5. In the light of the proposal and any written and verbal statements from the official concerned or from witnesses, the Joint Advisory Committee shall deliver by a majority a reasoned opinion stating the measure which it considers appropriate in the light of the facts established at its request. It shall forward that opinion to the Appointing Authority and to the official concerned within two months of the date on which the matter is referred to it. The chairman shall not vote on decisions of the Joint Advisory Committee, except in procedural matters and where votes are tied.

The Appointing Authority shall take a decision within two months of receipt of the Joint Advisory Committee's opinion, after hearing the official. The decision shall be substantiated. It shall indicate the date on which it takes effect.

6. An official dismissed for incompetence shall, for the period defined in paragraph 7, be entitled to a monthly dismissal allowance equal to the basic monthly salary of an official in the first step of grade 1. The official shall also be entitled during the same period to the family allowances provided for in Article 67 of the Staff Regulations. The household allowance shall be calculated on the basis of the basic monthly salary of an official in grade 1 in accordance with Article 1 of Annex VII.

The allowance shall not be paid if the official resigns after the start of the procedure referred to in paragraphs 1, 2 and 3 or if he is entitled to the immediate payment of a full pension.

7. The period during which the payments referred to in paragraph 6 are to be made shall be:

- three months where the official has completed less than five years' service at the date on which the dismissal decision is taken;

- six months where the official has completed at least five years' service but less than ten;

- nine months where the official has completed at least 10 years' service but less than 20;

- 12 months where the official has completed over 20 years' service.

8. Officials who are downgraded or classified in a lower function group on grounds of incompetence may after a period of six years ask for all references to that measure to be deleted from their personal files.

9. Officials shall be entitled to reimbursement of reasonable expenses incurred on their initiative in the course of the proceedings, including fees payable to a defending adviser not belonging to the institution, where the proceedings provided for in this Article end without any decision being taken on their dismissal, downgrading or classification in a lower function group."

54. The first paragraph of Article 52 is amended as follows:

In the introductory wording, "Article 50" is replaced by "Articles 47a and 50".

55. In Article 54, "career bracket or the next higher bracket" is replaced by

"grade or the next higher grade".

56. Article 55a is replaced by the following:

"Article 55a

1. An official may request authorisation to work part time.

The Appointing Authority may grant such authorisation if this is compatible with the interests of the service.

The official shall be entitled to authorisation in the following cases:

- to care for a child aged 8 or under,

- to care for a child aged from 8 to 12, if the reduction in working time is no more than 10 % of normal working time,

- to care for a seriously ill or handicapped spouse, relative in the ascending line, relative in the descending line, brother or sister,

- to take part in further training, or

- as of the age of 55 during the last five years before retirement.

However, where part-time is requested under the fourth and fifth indents, the Appointing Authority may refuse authorisation or postpone its date of effect in exceptional circumstances and for overriding service-related reasons.

Where authorisation is granted for the reasons mentioned in the fourth indent, the total of all such periods shall not exceed five years over the official's career.

2. The Appointing Authority shall reply to the official's request within 60 days.

3. The rules governing part-time work and the procedure for granting authorisation are laid down in Annex IVa."

57. The following Article is inserted after Article 55a:

"Article 55b

An official may request authorisation to work half-time in the form of job-sharing in a post identified by the Appointing Authority as appropriate for that purpose. The authorisation to work half-time by job-sharing shall not be limited in time. It may, however, be withdrawn by the Appointing Authority in the interests of the service giving the official six months' notice. Likewise, the Appointing Authority may, on application of the official concerned and giving him at least six months' notice, withdraw the authorisation. In this case, the official may be transferred to a different post.

Article 3, except for the last sentence of subparagraph 2, of Annex IVa and Article 59a shall apply.

The Appointing Authority may lay down detailed rules for the application of these provisions."

58. Article 56 is amended as follows:

(a) In the second paragraph, "Categories A and B and in the Language Service" is replaced by "function group AD".

(b) In the third paragraph, "Categories C and D" is replaced by "function group AST".

59. The following Article is inserted after Article 56b:

"Article 56c

Special allowances may be granted to certain officials to compensate for particularly arduous working conditions.

The Council shall, on a proposal from the Commission presented after seeking the opinion of the Staff Regulations Committee, determine the categories of beneficiaries, and the rates and conditions of such special allowances."

60. Article 58 is replaced by the following:

"Article 58

Pregnant women shall, in addition to the leave provided for in Article 57, be entitled on production of a medical certificate to twenty weeks of leave. The leave shall start not earlier than six weeks before the expected date of confinement shown in the certificate and end not earlier than 14 weeks after the date of confinement. In the case of multiple or premature birth or the birth of a handicapped child, the duration shall be of 24 weeks. Premature birth for the purposes of this provision is a birth taking place before the end of the 34th week of pregnancy."

61. Article 59 is replaced by the following:

"1. An official who provides evidence of being unable to carry out his duties by reason of illness or accident shall be entitled to sick leave.

The official concerned shall notify his institution of his incapacity as soon as possible and at the same time state his present address. He shall produce a medical certificate if he is absent for more than three days. This certificate must be sent on the fifth day of absence at the latest, as evidenced by the date as postmarked. Failing this, and unless failure to send the certificate is due to reasons beyond his control, the official's absence shall be considered as unauthorised. He may at any time be required to undergo a medical examination arranged by the institution. If the examination cannot take place for reasons attributable to the official, his absence shall be considered as unauthorised as from the date that the examination is due to take place."

If the official considers the conclusions of the medical examination arranged by the Appointing Authority to be unjustified on medical grounds, he or a doctor acting on his behalf may within two days submit to the institution a request that the matter be referred to an independent doctor for an opinion. The institution shall immediately transmit the request to another doctor agreed upon by the official's doctor and the institution's medical officer. Failing such agreement within five days of the request, the institution shall select a person from a list of independent doctors to be established for this purpose each year by common consent of the Appointing Authority and the Staff Committee. The official may within two working days object to the institution's choice, whereupon the institution may choose another person from the list, which choice shall be final. The independent doctor's opinion given after consultation of the official's doctor and the institution's medical officer shall be binding.

2. If, over a period of 12 months, an official is absent for up to three days because of sickness for a total of more than 12 days, he shall produce a medical certificate for any further absence because of sickness.

3. The Appointing Authority may refer to the Invalidity Committee the case of any official whose sick leave totals more than 12 months in any period of three years.

4. An official may be required to take leave after examination by the institution's medical officer if his state of health so requires or if a member of his household is suffering from a contagious disease.

In cases of dispute, the procedure laid down in the third subparagraph of paragraph 1 shall apply.

5. Officials shall undergo a medical check-up every year either by the institution's medical officer or by a medical practitioner chosen by them.

In the latter case, the practitioner's fees shall be payable by the institution up to a maximum fixed for a period of no more than three years by the Appointing Authority after consulting the Staff Regulations Committee.

62. Article 59a is replaced by the following:

"Article 59a

The annual leave of an official who is authorised to work part time shall, for as long as he is so authorised, be reduced proportionally."

In Article 66 the table is replaced by the following [8]:

[8] The amounts concerning remuneration in Annexes I and II are based on the amounts specified in the Staff Regulations in [July 2001] and shall be updated automatically on the basis of the adjustments of those amounts decided by the Council between [July 2001] and the date of entry into force of this Regulation.

>TABLE POSITION>

63. Article 66a is deleted.

64. In the first paragraph of Article 68, "under Article 41 and 50" is replaced by "under Articles 41, 47a and 50".

65. In Article 68a ,"half-time" is replaced by "part time".

66. Article 70 is amended as follows:

(a) In the first paragraph, "dependent children"

is replaced by

"children dependent on the deceased at the time of the death."

(b) In the second paragraph, "or an invalidity allowance"

is inserted after

"pension".

(c) In the second paragraph, "or allowance " is inserted after "in respect of the deceased's pension ".

67. Article 70a is deleted.

68. Article 72 is amended as follows:

(a) The following subparagraphs are inserted after the first subparagraph of paragraph 1:

"Under the sickness insurance scheme, recognised partners shall be treated as spouses even if the condition laid down in the fourth indent of Article 1(2)(c) of Annex VII hereto is not met.

The institutions may, under the Rules referred to in the first indent of paragraph 1, confer on one of their number the power to lay down the rules governing the reimbursement of expenses in accordance with the procedure laid down in Article 110."

(b) In paragraph 1a, first sentence,

"he cannot be covered by any other public scheme of sickness insurance"

is replaced by:

"he is not in gainful employment".

(c) In paragraph 1b,

"he or she cannot be covered by any other public scheme of sickness insurance"

is replaced by:

"he or she is not in gainful employment".

(d) In paragraph 2, "invalidity pension" is replaced by "invalidity allowance".

(e) Paragraph 2a is replaced by the following:

"2a. The following shall likewise be entitled to the benefits provided for in paragraph 1, on condition that they are not in gainful employment:

- former officials entitled to retirement pensions who leave the service of the Communities before reaching the age of 60,

- persons entitled to a survivor's pension as a result of the death of a former official who leaves the service of the Communities before reaching the age of 60.

The contribution referred to in paragraph 1 shall be calculated by reference to the former official's pension before application, where appropriate, of the reduction coefficient provided for in Article 9 of Annex VIII to the Staff Regulations.

However, persons entitled to an orphan's pension shall not receive the benefit provided for in paragraph 1 unless they apply for it. The contribution shall be calculated by reference to the orphan's pension."

(f) The following paragraphs are inserted after paragraph 2a:

2b. In the case of persons entitled to a retirement pension or a survivor's pension, the contribution referred to in paragraphs 2 and 2a may not be less than that calculated by reference to the basic salary corresponding to the first step in grade 1.

2c. Officials dismissed in accordance with Article 51 and not entitled to a retirement pension shall likewise be entitled to the benefits provided for in paragraph 1, on condition that they are not gainfully employed and that they bear half the contribution calculated by reference to their last basic salary."

69. The heading of Chapter 3 in Title V is replaced by "Pensions and invalidity allowance".

70. Article 78 is amended as follows:

(a) In the first paragraph, "pension" is replaced by "allowance" and "his career bracket" is replaced by "his function group".

(b) The second to fifth paragraphs are replaced by the following:

"Article 52 shall apply by analogy to recipients of an invalidity allowance. If the recipient of an invalidity allowance retires before the age of 65 without having reached the maximum pension entitlement, the general rules on retirement pensions shall be applied. The amount of the retirement pension shall be based on the salary for the grade and step occupied by the official when he became an invalid.

The invalidity allowance shall be equal to 70% of the official's last basic salary. However, it may not be less than the minimum subsistence figure.

The invalidity allowance shall be subject to contributions to the pension scheme.

Where the invalidity arises from an accident in the course of or in connection with the performance of an official's duties, from an occupational disease, from a public-spirited act or from risking his life to save another human being, the invalidity allowance may not be less than 120% of the minimum subsistence figure. In such cases, moreover, contributions to the pension scheme shall be paid in full from the budget of the institution or body referred to in Article 1b."

71. Article 79 is amended as follows:

(a) In the first and second paragraphs, "widow" is replaced by "surviving spouse" and "her husband" is replaced by "the deceased".

(b) In the first paragraph "of the retirement or invalidity pension" is replaced by "of the retirement pension or invalidity allowance".

72. Article 79a is deleted.

73. Article 80 is amended as follows:

(a) In the first paragraph "a retirement or invalidity pension" is replaced by "a retirement pension or invalidity allowance" and "the dependent children within the meaning of Article 2 of Annex VII" is replaced by "the children dependent on the deceased within the meaning of Article 2 of Annex VII at the time of his death".

(b) The fourth paragraph is replaced by the following:

"For persons treated as dependent children within the meaning of Article 2(4) of Annex VII, the orphan's pension may not exceed an amount equal to twice the dependent child allowance."

(c) The following paragraph is inserted after the fourth paragraph:

"Where a child has been adopted, the death of the natural parent who has been replaced by the adoptive parent shall not give rise to payment of an orphan's pension."

(d) In the sixth paragraph, "under Article 50" is replaced by "under Articles 47a or 50".

(e) The following paragraph is added:

"Persons in receipt of an orphan's pension may not receive more than one such pension from the Community. Where a surviving child has entitlement to more than one Community pension, he shall receive the pension providing the higher or highest amount."

74. The first paragraph of Article 81 is amended as follows:

(a) "at the age of 60 years or later" is deleted.

(b) "invalidity pension" is replaced by "invalidity allowance".

The following sentence is added:

"These allowances shall be paid to recipients of a survivor's pension only in respect of the children dependent on the deceased official or former official at the time of death."

In Article 81a(1)(e), "Article 41 or 50 of these Staff Regulations" is replaced by "Article 41, 47a or 50 of these Staff Regulations".

75. Article 82 is amended as follows:

(a) Paragraph 1 is amended as follows:

i. The second subparagraph is amended as follows:

- "They" is replaced by "Pensions".

- "for pensions" is inserted between "rate" and "fixed for the country".

- "has his residence" is replaced by "has established his main residence".

- The following sentence is added: "This rate shall be determined in accordance with the arrangements laid down in Annex XI."

ii. In the fourth subparagraph, "in the manner provided for in the second paragraph of Article 63 of the Staff Regulations" is deleted.

(b) Paragraph 2 is amended as follows:

i. "Should the Council, in accordance with Article 65(1), decide" is replaced by "Where the Council, in accordance with Article 65(1), decides".

ii. "increase remunerations" is replaced by "adapt remunerations".

iii. "it shall, acting in accordance with the procedure set out in Article 65(3), at the same time decide on an appropriate increase in pensions." is replaced by "the same adaptation shall be applied to pensions."

(c) The following paragraph 3 is added:

"3. The provisions of paragraphs 1 and 2 shall apply by analogy to recipients of an invalidity allowance.".

76. Article 83(4) is deleted.

77. The following Article is inserted:

"Article 83a

"1. The scheme shall be kept in balance in accordance with the detailed rules set out in Annex XII.

2. Decentralised Community bodies not funded out of the budget of the Communities shall pay into that budget the entire amount of the contributions needed to finance the scheme.

3. On the occasion of the five-yearly actuarial assessment in accordance with Annex XII and in order to ensure the balance of the scheme, the Council shall decide on the rate of contribution and any change to the pensionable age.

4. Each year the Commission shall present to the Council an updated version of the actuarial assessment, in accordance with Article 1(2) of Annex XII. Where it is shown that there is a gap of at least 0.25 points between the rate of contribution currently applied and the rate required to maintain actuarial balance, the Council shall consider whether the rate should be adapted, in accordance with the arrangements laid down in Annex XII.

5. For the purposes of paragraphs 3 and 4 of this Article, the Council shall act by a qualified majority on a proposal from the Commission as provided for in the first indent of Article 205(2) of the Treaty establishing the European Community. For the purposes of paragraph 3, the Commission's proposal shall be presented after consultation of the Staff Regulations Committee."

78. In Article 85 the following paragraph is added:

"The request for recovery must be made no later than five years from the date on which the sum was paid. Where the Appointing Authority is able to establish that the recipient deliberately misled the administration with a view to obtaining the sum concerned, the request for recovery shall not be invalidated even if this period has elapsed."

79. In Article 85a(2), sixth indent, "invalidity pensions" is replaced by "invalidity allowances".

80. Article 86(2) and (3) are replaced by the following:

"2. Where the Appointing Authority or the Anti-Fraud Office becomes aware of evidence of failure within the meaning of paragraph 1, they may launch administrative investigations to verify whether such failure has occurred.

"3. Disciplinary rules and procedures and the rules and procedures covering administrative investigations shall be laid down in Annex IX to the Staff Regulations."

81. Articles 87, 88 and 89 are deleted.

82. Article 90(3) and (4) are deleted.

83. The following Articles are inserted:

"Article 90a

Any person to whom these Staff Regulations apply may submit to the Director of the Anti-Fraud Office a request within the meaning of Article 90(1), asking the Director to take a decision relating to him in connection with investigations by the Office. Such person may also submit a complaint within the meaning of Article 90(2) against an act adversely affecting him in connection with investigations by the Office.

Article 90b

Any person to whom these Staff Regulations apply may submit to the European Data Protection Supervisor a request or a complaint within the meaning of Article 90(1) and (2), within his sphere of competence.

Article 90c

Requests and complaints relating to the areas to which Article 2(2) has been applied shall be lodged with the Appointing Authority entrusted with the exercise of powers."

84. In Article 91a,

the first sentence is deleted;

The second sentence is amended to read:

Any appeals relating to the areas in which Article 2(2) has been applied shall be made against the institution to which the Appointing Authority entrusted with the exercise of powers is answerable."

85. Articles 92, 93 and 94 are replaced by the following:

"Article 92

This Title lays down the special provisions applicable to officials of the Communities who occupy posts paid from appropriations in the research and investment budget and classified in accordance with Annex I.A.

Article 93

Special allowances may be granted to some of the officials covered by Article 92 to compensate for particularly arduous working conditions.

The Council shall, on a proposal from the Commission, determine the rates and conditions of such special allowances and the staff who shall receive them.

Article 94

By way of derogation from the second paragraph of Article 56a and the second paragraph of Article 56b, and in exceptional cases only because of the exigencies of the service, safety regulations or national or international obligations, the Appointing Authority shall designate the officials covered by Article 92 who shall be entitled to benefit from the provisions of these Articles."

86. Articles 95, 96, 97, 98, 99, 100, 101, 102, 106 and 107 are repealed.

87. The following Article is inserted:

"Article 107a

Transitional provisions are set out in Annex XIII."

88. Article 110 is amended as follows:

(a) The first paragraph becomes paragraph 1, the second paragraph becomes paragraph 3 and the third paragraph becomes paragraph 4.

(b) In paragraph 1 the following sentence is added:

"Agencies shall adopt the appropriate implementing rules for giving effect to these Staff Regulations, after consultation of the relevant Staff Committee and in agreement with the Commission."

The following paragraph 2 is inserted:

"2. For the purposes of the adoption of rules by agreement between the institutions, agencies shall not be treated as institutions. However, the Commission shall consult the agencies before the adoption of these rules."

(c) In paragraph 4 the following sentence is added:

"Agencies shall be jointly represented in these consultations in accordance with rules to be fixed by agreement between them."

89. Annex I is replaced by the following:

"Annex I: Types of posts

A. Types of posts in each function group, as provided for in Article 5(3)

>TABLE POSITION>

B. Minimum promotion rates as referred to in Article 6(2)

>TABLE POSITION>

90. Annex II is amended as follows:

(a) In Article 1 the following sentence is inserted after the first sentence of the second paragraph:

"However, the institution may decide that the conditions for election are to be determined in accordance with the preference of the staff of the institution as expressed in a referendum."

(b) In the fourth paragraph of Article 1, "categories of officials and of all services" is replaced by "function groups".

(c) In Article 3a, "the third subparagraph of Article 2" is replaced by "Article 2(2)".

(d) Section 3: Disciplinary Board is deleted.

(e) In the first paragraph of Article 10, "and the Staff Committee, each appointing the same number" is inserted after "Appointing Authority".

(f) In Article 10, "senior officials of the institution" is replaced by "officials of the institution in function group AD."

(g) The following Section is added:

"Section 6: Joint Advisory Committee for professional incompetence

Article 12

The Joint Advisory Committee for professional incompetence shall comprise a chairman and at least two members, who shall be officials of grade AD 14 at least. Half of the members shall be designated by the Staff Committee and half by the Appointing Authority. The chairman shall be appointed by the Appointing Authority from a list of candidates drawn up in concertation with the Staff Committee.

When the case concerns an official in grade AD 14 or lower, the Joint Advisory Committee shall include two further members from the same function group and of the same grade as the official in question, designated in the same way as the permanent members.

Where the Joint Advisory Committee is called upon to examine the case of a senior management official within the meaning of Article 29(2), a special ad hoc Joint Advisory Committee shall be set up, comprising two members appointed by the Staff Committee and two members appointed by the Appointing Authority, who shall be of a grade at least equal to that of the official concerned.

The Appointing Authority and the Staff Committee shall agree on an ad hoc procedure to designate the further members referred to in the second paragraph who must sit for cases involving an official posted to a country outside the Union or a member of contract staff."

91. Annex III is amended as follows:

(a) Article 1(1) is amended as follows:

i. In the third subparagraph, "the third subparagraph of Article 2" is replaced by "Article 2(2)".

ii. In the second subparagraph, "and the function group and grade offered;" is added to point (c).

iii. In the second subparagraph, point (i), "Article 28(a)" is replaced by "Article 28(1)(a)".

(b) Article 3 is amended as follows:

i. The first subparagraph is replaced by the following:

"The Selection Board shall consist of a chairman designated by the Appointing Authority and of members designated by the Appointing Authority and the Staff Committee, each designating the same number."

ii. In the second subparagraph, "the third subparagraph of Article 2" is replaced by "Article 2(2)".

iii. In the fourth paragraph,

"function group and" is added after "whose".

(c) In Article 4, "Article 28(a), (b) and (c)" is replaced by "Article 28(1)(a), (b) and (c)".

92. Annex IV is amended as follows:

(a) In the title, ", 47a" is inserted after "Article 41".

(b) The sole Article is amended as follows:

i. Paragraph 2 is replaced by the following:

"2. Officials whose service is terminated under Article 47a of the Staff Regulations shall be entitled, during a specified period depending on age and years of service, on the basis of the table in paragraph 5, to a monthly allowance of:

70% of their basic salary in the first four years,

60% of their basic salary thereafter."

ii. In paragraph 3, "in Articles 41 or 50" is replaced by "in Articles 41, 47a or 50".

iii. Paragraph 1a becomes paragraph 4.

iv. In the first subparagraph of that paragraph, "referred to in Articles 41, 47a and 50 of the Staff Regulations" is inserted after "official" and "cannot be covered by any other public scheme against the same risks" is replaced by "is not gainfully employed."

93. Annex IVa is replaced by the following:

"Annex IVa

Part-time work

Article 1

The request for authorisation to work part time shall be submitted by the official through the official's immediate superior at least two months before the requested date, except in duly justified urgent cases.

Authorisation may be granted for a minimum of one month and a maximum of three years, without prejudice to the cases referred to in Articles 15 and the fifth indent of the third subparagraph of Article 55a(1).

The authorisation may be renewed on the same terms. Applications for renewal shall be made by the official concerned at least two months before expiry of the period for which the authorisation was granted. Part-time work may not be less than half the normal working time.

A period of part-time work shall start on the first day of a month, except in duly justified cases.

Article 2

The Appointing Authority may, at the request of the official concerned, withdraw the authorisation before expiry of the period for which it is granted. The date of withdrawal may not be more than two months after the date proposed by the official or four months after that date if the part-time work was authorised for more than one year.

The Appointing Authority may, in exceptional cases and in the interests of the service, withdraw the authorisation before the expiry of a period for which it is granted, giving the official two months' notice.

Article 3

An official shall be entitled, during the period for which part-time work is authorised, to a percentage of his remuneration corresponding to the percentage of the normal time worked. However, the percentage shall not be applied to the dependent child allowance, the basic amount of the household allowance or the education allowance.

Contributions to the sickness insurance scheme shall be calculated by reference to the basic salary payable to an official working full time. Contributions to the pension scheme shall be calculated by reference to the basic salary received by an official working part time. The official may also request that contributions to the pension scheme be calculated by reference to the basic salary payable to an official working full time, in accordance with Article 83.

During the period of part-time work, the official may not work overtime or engage in any other gainful activity.

Article 4

Notwithstanding the first sentence of the first paragraph of Article 3, officials aged over 55 authorised to work half time in preparation for retirement shall receive a reduced basic salary equal to the higher of the two amounts obtained by applying the following percentages to the full-time basic salary:

- either 60%

- or the percentage corresponding to years of service within the meaning of Articles 2, 3, 4, 5, 9 and 9a of Annex VIII at the beginning of the period of half-time work, plus 10%.

Officials who make an application under this Article shall be required, when they cease to work half-time, either to retire or to repay the amount exceeding 50% of the basic salary received during the period of half-time work.

Article 5

The Appointing Authority may lay down detailed rules for the application of these provisions."

94. Annex V is amended as follows:

(a) Article 6 is amended as follows:

i. In the seventh indent of the first paragraph, "birth or" is deleted.

ii. The following indents are inserted after the seventh indent of the first paragraph:

"- birth of a child: 10 days, to be taken during the fourteen weeks following birth;

- death of the wife during maternity leave: a number of days corresponding to the remaining maternity leave; if the deceased wife is not an official, the remaining maternity leave is determined by applying the provisions of Article 58 of the Staff Regulations, by analogy."

iii. The following indent is inserted after the former eighth indent of the first paragraph:

"- very serious illness of a child, as certified by a doctor, or hospitalisation of a child aged 12 or under: up to five days;".

iv. The following indents are inserted after the former ninth indent of the first paragraph:

"- adoption of a child: 20 weeks, rising to 24 weeks in the case of the adoption of a handicapped child:

Every adopted child shall confer entitlement to only one period of special leave, which may be shared between the adoptive parents if both are officials. It shall be granted only if the official's spouse engages in a gainful activity at least half-time. If the spouse works outside the EU institutions and benefits from comparable leave, a corresponding number of days shall be deducted from the official's entitlement.

The Appointing Authority may, in case of necessity, grant additional special leave in cases where the national legislation of the country in which the adoption procedure takes place and which is not the country of employment of the adopting official requires a stay of one or both adoptive parents.

Special leave of 10 days shall be granted if the official does not benefit from the full special leave of 20 or 24 weeks by reason of the first sentence of this indent; this additional special leave shall be granted only once for each adopted child."

v. The following paragraph is added:

"For the purposes of this Article, a recognised partner shall be treated as the spouse even if the condition laid down in the last indent of Article 1(2), point (c) of Annex VII is not fulfilled."

(b) Article 7 is amended as follows:

i. The second and third paragraphs are deleted.

ii. The former fifth paragraph is replaced by the following:

"The preceding provisions shall apply to officials whose place of employment is within the territories of the Member States. If the place of employment is outside these territories, the travelling time shall be fixed by special decision taking into account particular needs."

95. In Articles 1 and 3 of Annex VI, "categories C and D" is replaced by "function group AST".

96. Annex VII is amended as follows:

(a) Article 1 is amended as follows:

i. Paragraph 1 is replaced by the following:

"1. The household allowance shall be set at a basic amount of EUR[140,27] [9], plus 2% of an official's basic salary."

[9] See footnote 8.

ii. Paragraph 2, point (c) becomes paragraph 2, point (d).

iii. The following paragraph 2, point (c) is inserted:

"(c) an official who is registered as a stable non-marital partner, provided that:

- the couple produces a legal document recognised as such by a Member State acknowledging their status as non-marital partners,

- neither partner is in a marital relationship or in another non-marital partnership,

- the partners are not related in any of the following ways: parent, child, grandparent, grandchild, brother, sister, aunt, uncle, nephew, niece, father-in-law, son-in-law, daughter-in-law;

- the couple has no access to legal marriage in a Member State; a couple shall be considered to have access to legal marriage for the purposes of this indent only where the members of the couple meet all the conditions laid down by the legislation of a Member State permitting marriage of such a couple;".

iv. In the new paragraph 2, point (d), "laid down in (a) and (b)" is replaced by "laid down in (a), (b) and (c)".

v. In the first sentence of paragraph 3, "the third step of grade C 3" is replaced by "the second step of grade 3".

(b) In Article 2(1), "[EUR232.73] [10]" is replaced by "[EUR306.51]".

[10] See footnote 8.

(c) Article 3 is amended as follows:

i. The current text becomes paragraph 1.

ii. The first subparagraph of paragraph 1 is replaced by the following:

"Subject to the conditions laid down in the general implementing provisions, an official shall receive an education allowance equal to the actual education costs incurred by him up to a maximum of [EUR207.98] [11] per month for each dependent child, within the meaning of Article 2(2) above, who is in regular full-time attendance at a primary or secondary school that charges fees or at an establishment of higher education. The requirement of attendance at a school that charges fees shall not apply to the reimbursement of the cost of transport to and from school."

[11] See footnote 8.

iii. The first sentence of the third subparagraph is replaced by the following:

"Irrespective of whether the educational establishment charges fees or not, the allocation paid shall be subject to a ceiling of twice the maximum prescribed in the first subparagraph for:".

iv. The following is added to the second indent of the third subparagraph:

"or where the child attends a higher education establishment in a country other than that of the official's place of employment;

- in the same conditions as in the foregoing two indents, persons entitled to the allowance who are not in active service, taking account of the place of residence instead of the place of employment."

v. The following paragraph 2 is added:

"2. For each dependent child within the meaning of Article 2(2), an official shall be entitled to a pre-school allowance of [EUR74.87] [12] a month. Entitlement to the pre-school allowance shall end at the end of the month preceding that in which the child starts to attend primary school. The first sentence of the last indent of paragraph 1 shall apply."

[12] See footnote 8.

(d) Sections 2a and 2b are deleted.

(e) Article 5(1) is amended as follows:

i. The first subparagraph is replaced by the following:

"1. An installation allowance equal to two months' basic salary in the case of an official who is entitled to the household allowance, and equal to one month's basic salary in other cases shall be paid to an established official who qualifies for reimbursement of removal expenses as provided for in Article 9 of this Annex, or who furnishes evidence that a change in the place of residence was required in order to satisfy the requirements of Article 20 of the Staff Regulations."

ii. In the second subparagraph, "or other servants" is inserted after "husband and wife who are officials".

(f) Article 6(1) is amended as follows:

In the first sentence of the first subparagraph, "who satisfies the requirements of Article 5(1)" is replaced by "who provides evidence of a change of residence".

In the second sentence of the first subparagraph "or other servants" is inserted after "husband and wife who are officials".

(g) Article 7(2) is replaced by the following:

"2. The basis for calculating the reimbursement shall be the first-class rail fare on the shortest and most economical habitual route by rail between the place of employment and the place of recruitment or origin.

Where the route referred to in the first subparagraph exceeds 500 km and in cases where the usual route includes a sea crossing, the official concerned shall be entitled, on production of the tickets, to reimbursement of the cost of travel by air in business class or equivalent. Where a means of transport other than those mentioned above is used, calculation of reimbursement shall be based on the cost by rail, excluding sleeper accommodation. Where calculation on this basis is not possible, the terms of reimbursement shall be determined by special decision of the Appointing Authority."

(h) Article 8 is amended as follows:

i. Paragraphs 1 and 2 are replaced by the following:

"1. Officials shall be entitled to be paid in each calendar year a sum equivalent to the cost of travel from the place of employment to the place of origin as defined in Article 7 for themselves and, if they are entitled to the household allowance, for the spouse and dependants within the meaning of Article 2.

Where a husband and wife are both officials of the Communities, 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 provisions; 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 one or other of them.

Where an official marries during a given year and thereby becomes entitled to the household allowance, the travel expenses payable for the spouse shall be calculated in 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 official concerned liable to make repayment.

Travel expenses for children aged two to ten years shall be calculated on the basis of half of the kilometric allowance and half the flat-rate supplement, the children being deemed for the purposes of calculation to have completed their second or tenth year on 1 January of the current year.

2. The flat-rate payment shall be based on an allowance per kilometre of distance between the official's place of employment and place of recruitment or origin; such distance to be calculated according to the method laid down in the first indent of Article 7(2).

The kilometric allowance [13] shall be:

[13] See footnote 8.

EUR0 for every km from 0 to 200 km

[EUR0.3117] for every km from 201 to 1000 km

[EUR0.5195] for every km from 1001 to 2000 km

[EUR0.3117] for every km from 2001 to 3000 km

[EUR0.1039] for every km from 3001 to 4000 km

EUR0 for every km over 4 000 km

To the above kilometric allowance a flat-rate supplement shall be added, amounting to:

[EUR155.86] if the distance by train between the place of employment and the place of origin is between 725km and 1 450 km,

[EUR311.72] if the distance by train between the place of employment and the place of origin is greater than 1 450 km,

The above kilometric allowances and flat-rate supplements shall be adapted every year in the same proportion as remuneration."

ii. Paragraph 4 is replaced by the following:

"4. The preceding provisions shall apply to officials whose place of employment is within the territories of the Member States of the European Union. Officials whose place of employment is outside the territory of the Member States of the European Union shall be entitled for themselves and, if they are entitled to receive the household allowance, for their spouse and other dependants within the meaning of Article 2, in each calendar year, to repayment of travel expenses to their place of origin, or to repayment of travel expenses to another place not exceeding the expense of travel to the place of origin. However, if the spouse and the persons referred to in Article 2(2) do not live with the official at the place of employment, they shall be entitled each calendar year to reimbursement of travel expenses from the place of origin to the place of employment or to another place not exceeding the cost of the former journey.

These travel expenses shall be reimbursed in the form of a flat-rate payment based on the cost of air travel in the class immediately superior to economy class."

(i) The first sentence of Article 9(1) is replaced by the following:

"The expenses incurred in respect of removal of furniture and personal effects, including the cost of insurance against ordinary risks (breakage, theft, fire), shall be reimbursed to officials who are obliged to change their place of residence owing to taking up their duties, or to transfer to a different place of employment, and who have not been reimbursed in respect of the same expenses from another source."

(j) Article 10 is amended as follows:

i. Paragraph 1 is replaced by the following:

"1. Where an official furnishes evidence that a change in the place of residence is required in order to satisfy the requirements of Article 20 of the Staff Regulations, such official shall be entitled for a period specified in paragraph 2 to a subsistence allowance per calendar day as follows:

Official entitled to receive household allowance: [EUR32.21] [14].

[14] See footnote 8.

Official not entitled to receive household allowance: [EUR25.98] [15].

[15] See footnote 8.

The above scale shall be reviewed each time remunerations are revised