23. 2. 89 Official Journal of the European Communities No C 44/9 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation amending the Staff Regulations of officials and the 
conditions of employment of other servants of the European Communities 
COM(88) 776 final 
(Submitted by the Commission on 17 January 1989) 
(89/C 44/08) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing a Single 
Council and a Single Commission of the European 
Communities, and in particular Article 24 thereof, 
Having regard to the proposal from the Commission, 
submitted after consulting the Staff Regulations 
Committee, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Court of Justice, 
Whereas, for matters in respect of which joint 
management by the institutions is desirable, provision 
should be made to delegate to one of them the powers 
conferred on the appointing authority; 
Whereas it is desirable to establish a system of interin-
stitutional competitions, to be organized by two or more 
institutions, according to uniform criteria and resulting 
in a common reserve list; whereas provision should 
therefore be made for setting up a common joint 
committee; 
Whereas it should be possible for the limits on additional 
seniority in grade laid down in the second paragraph of 
Article 32 of the Staff Regulations to be exceeded in the 
case of a member of temporary staff appointed as a 
probationer official in order to take account of his years 
of service as a member of temporary staff; 
Whereas the arrangements governing the probationary 
period should be adjusted to enable the probationer's 
merits to be assessed more accurately; whereas the 
duration of the probationary period should therefore be 
increased; 
Whereas it is desirable to modify the end-of-probation 
dismissal procedure so that the appointing authority is 
better placed to take an informed decision; Whereas, in the event of dismissal, the former prob­
ationer' s pecuniary interests should be protected in view 
of the increase in the duration of the probationary 
period; 
Whereas it is desirable to widen the scope for seconding 
officials to temporary posts; 
Whereas it should be possible to transfer without compe­
tition from the Language Service to category A and vice 
versa, having regard to the qualifications of staff in that 
service and that category; 
Whereas the recruitment conditions and career prospects 
of law clerks at the Court of Justice should be improved; 
Whereas, in the light of experience in respect of the 
education allowance, Article 3 of Annex VII to the Staff 
Regulations should be amended; 
Whereas it is advisable to amend Article 81 of the 
conditions of employment of other servants to give the 
institutions the option of going to arbitration in the event 
of a dispute with a member of local staff serving in a 
non-member country; 
Whereas Articles 2 and 3 of Regulation (EEC, Euratom, 
ECSC) No 259/68 ('), as last amended by Regulation 
(Euratom, ECSC, EEC) No 2339/88 (2), lay down the 
Staff Regulations of officials and the conditions of 
employment of other servants of the European 
Communities respectively, 
O OJ No L 56, 4. 3. 1968, p. 1. 
(2) OJ No L 204, 29. 7. 1988, p. 5. 
No C 44/10 Official Journal of the European Communities 23. 2. 89 
HAS ADOPTED THIS REGULATION: 
CHAPTER I 
Amendments to the Staff Regulations of officials of the 
European Communities 
Article 1 
1. The following third paragraph is added to Article 2: 
'However, two or more institutions may entrust to 
one of them or to an interinstitutional body the 
exercise of the powers conferred on the appointing 
authority in respect of recruitment and of the social 
security and pension schemes.' 
2. The following Article 91a is inserted: 
'Article 91a 
Requests and complaints relating to the areas to 
which the third paragraph of Article 2 has been 
applied shall be lodged with the appointing authority 
entrusted with the exercise of powers. Any appeals 
shall be made against the institution to which that 
appointing authority is answerable.' 
3. The following is added to Article 1 (1) (a) of Annex 
III: 
'(. . ., where appropriate, common to two or more 
institutions)'. 
Article 2 
In Article 9 the following paragraph 1 (a) is inserted: 
'1 (a). For the application of certain provisions of these 
Staff Regulations, a common joint committee may 
be established for two or more institutions.' 
Article 3 
Article 2 of Annex II is replaced by the following: 
Article 2 
The joint committee or committees of an institution 
shall consist of: 
— a chairman appointed each year by the appointing 
authority, 
— members and alternates appointed at the same 
time in equal numbers by the appointing authority 
and by the Staff Committee. 
The common joint committee for one or more 
institutions shall consist of: 
— a chairman appointed by the appointing authority 
referred to in the third paragraph of Article 2 of 
the Staff Regulations, — members and alternates appointed in equal 
numbers by the appointing authorities of the 
institutions represented on the common joint 
committee and by the Staff Committees. 
The procedures for instituting the common joint 
committee shall be adopted by agreement between 
the institutions represented on the common joint 
committee, after consulting their Staff Committee. 
An alternate shall sit only in the absence of a 
member.' 
Article 4 
In Annex II, the following Article 3a is inserted: 
Article 3 a 
The common joint committee shall meet at the 
request either of the appointing authority referred to 
in the third paragraph of Article 2 of the Staff Regu­
lations or of an appointing authority or a Staff 
Committee of one of the institutions represented on 
that joint committee. 
The proceedings of the common joint committee 
shall be valid only if all members or, in their absence, 
their alternates are present. 
The chairman of the common joint committee shall 
not vote save on questions of procedure. 
The opinion of the common joint committee shall be 
communicated in writing to the appointing authority 
within the meaning of the third paragraph of Article 
2 of the Staff Regulations, to the other appointing 
authorities and to their Staff Committees within five 
days of its adoption. 
Any member of the common joint committee may 
require that his views be recorded in the opinion of 
the joint committee.' 
Article 5 
The following paragraph is added to Article 1 (1) of 
Annex III: 
'Notice of open competitions common to two or 
more institutions shall be drawn up by the appointing 
authority referred to in the third paragraph of Article 
2 of the Staff Regulations, after consulting the 
common joint committee.' 
Article 6 
The following new second paragraph is inserted in 
Article 3 of Annex III: 
'For open competitions common to two or more 
institutions, the Selection Board shall consist of a 
chairman appointed by the appointing authority 
referred to in the third paragraph of Article 2 of the 
23. 2. 89 Official Journal of the European Communities No C 44/11 
Staff Regulations and of members appointed by the 
appointing authority referred to in the third 
paragraph of Article 2 of the Staff Regulations on a 
proposal from the institutions, as well as of members 
appointed by agreement between the Staff 
Committees of the institutions.' 
The second and third paragraphs become the third and 
fourth paragraphs respectively. 
Article 6a 
General provisions for giving effect to Articles 2 to 6 of 
this Regulation shall be drawn up in accordance with the 
first paragraph of Article 110 of the Staff Regulations. 
Article 7 
The following third paragraph is added to Article 32: 
'Members of the temporary staff graded in 
accordance with the grading criteria adopted by the 
institution shall retain the seniority acquired in that 
capacity if they are appointed officials in the same 
grade immediately following the period of temporary 
service.' 
Article 8 
Article 34 is replaced by the following: 
Article 34 
1. Officials other than those in grades A 1 and A 2 
shall serve a probationary period before they can be 
established. The period shall be nine months for 
officials in all categories or grades. 
Where during his probationary period an official is 
prevented, by sickness, maternity leave under Article 
58, or accident, from performing his duties for a 
continuous period of one month or more, the 
appointing authority may extend his probationary 
period by the corresponding length of time. 
2. A report on the probationer may be made at 
any time during the probationary period if-his work 
is proving obviously inadequate. 
This report shall be communicated to the person 
concerned, who shall have the right to submit his 
comments in writing with a period of eight days. The 
report and the comments shall be transmitted 
immediately,by the probationer's immediate superior 
to the appointing authority, which shall, within a 
period of three weeks, obtain the opinion of the Joint 
Reports Committee on the action to be taken. The 
appointing authority may decide to dismiss the prob­
ationer before the end of the probationary period, 
giving him one month' s notice; the period of service 
may not, however, exceed the normal probationary 
period. However, the appointing authority may, in excep­
tional circumstances, authorize continuation of the 
probationary period and assign the official to another 
department. In this case the new assignment must be 
for at least six months; it shall be subject to the limits 
set out in paragraph 4. 
3. Not less than one month before the expiry of 
the probationary period, a report shall be made on 
the ability of the probationer to perform the duties 
pertaining to his post and also on his efficiency and 
conduct in the service. This report shall be 
communicated to the probationer, who shall have the 
right to submit his comments in writing within a 
period of eight days. 
Should it recommend dismissal or, in exceptional 
circumstances, extension of the probationary period, 
the report and the comments shall be transmitted 
immediately by the probationer's immediate superior 
to the appointing authority, which shall, within a 
period of three weeks, consult the Joint Reports 
Committee on the action to be taken. 
A probationer whose work has not proved adequate 
for establishment in his post shall be dismissed. 
However, the appointing authority may, in excep­
tional circumstances, extend the probationary period 
for a maximum of six months, and possibly assign the 
probationer to another department. 
4. The total length of the probationary period 
shall in no circumstances exceed 15 months. 
5. Except where he is in a position forthwith to 
resume employment elsewhere, a dismissed prob­
ationer shall receive compensation equal to three 
months' basic salary if he has completed more than 
one year's service, two months' basic salary if he has 
completed at least six months' service and one 
month's basic salary if he has completed less than six 
months' service. 
6. The provisions of paragraphs 2 to 5 shall not 
apply to officials who resign before the end of their 
probationary period.' 
Article 9 
The following third indent is added to Article 37 (1) (a): 
'— to serve temporarily in a post which is included in 
the list of posts financed from the research and 
investment appropriations and which the budgetary 
authorities have classified as temporary.' 
No C 44/12 Official Journal of the European Communities 23. 2. 89 
Article 10 
Article 45 is amended as follows: 
1. paragraph 2 is replaced by the following: 
'2. An official may move to a higher category only 
following a competition;' 
2. the following paragraph 3 is added: 
'3. An official may move from the Language 
Service to category A and vice versa by straight­
forward transfer not involving a competition, subject 
to a ceiling set each year by the institution concerned 
following consultation of the joint committee.' 
Article 11 
Footnote (') in Annex I is deleted. 
Article 12 
Article 3 of Annex VII is amended as follows: 
1. in the second paragraph, 'or compulsory' is inserted 
between 'primary' and 'educational establishment'; 
2. the first indent of the third paragraph is replaced by 
the following: 
'— an official whose place of employment is at least 
50 kilometres from a European School, provided 
that the language of the place of employment is 
not the child's main language.'; 
3. the following new indent is inserted after the first 
indent of the third paragraph: 
'— an official whose child, for imperative educational 
reasons duly supported by evidence, must have 
primary or secondary level schooling other than 
that provided in a European School, adapted to 
his particular needs.'; 
4. the second indent of the third paragraph becomes the 
third indent. 'In the country of which he is a national 
or working in his language' is replaced by 'working in 
the child's main language' and 'the country of which 
the official is a national' is replaced by 'the country of 
employment.'; 
5. the following paragraph is inserted after the third 
paragraph: 
'Exceptionally, the maximum prescribed in the first 
paragraph may be quadrupled in the case of the 
official referred to in the second indent of the third paragraph if he can prove that his child's education 
involves a heavy financial burden.'; 
6. the following paragraph is inserted after the fourth 
paragraph: 
'An official in receipt of a retirement pension, an 
invalidity pension, the allowances provided for in 
Articles 41 and 50 of the Staff Regulations or the 
allowance provided for in Article 4 of Council Regu­
lation (ECSC, EEC, Euratom) No 3518/85 shall 
continue to receive the education allowance to which 
he was entitled on the day preceding termination of 
service or temporary suspension of active 
employment, for a maximum period of three years 
from that date, subject to the same conditions, with 
the exception of the conditions relating to entitlement 
to the expatriation allowance.' 
CHAPTER II 
Amendments to the conditions of employment of other 
servants of the European Communities 
Article 13 
Article 81 is replaced by the following: 
'Article 81 
1. Any dispute between the institution and a 
member of the local staff serving in a Member State 
of the European Communities shall be submitted to 
the competent court in accordance with the laws in 
force in the place where the servant performs his 
duties. 
2. Any dispute between the institution and a 
member of the local staff serving in a non-member 
country shall be submitted to an arbitration board 
under the conditions defined in the arbitration clause 
contained in the servant's contract.' 
CHAPTER III 
Final provisions 
Article 14 
This Regulation shall enter into force on the day 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.