9.8.83 Official Journal of the European Communities No C 213/7 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation amending the conditions of employment of other 
servants of the European Communities 
(Submitted by the Commission to the Council on 28 July 1983) 
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 Par­
liament, 
Having regard to the opinion of the Court of Justice, 
Whereas Article 2 and Article 3 of Council Regu­
lation (EEC, Euratom, ECSC) No 259/68 (*), as last 
amended by Regulation (EEC, Euratom, ECSC) No 
440/83 (2), lay down the Staff Regulations of officials 
and the conditions of employment of other servants 
of the European Communities respectively; whereas it 
is for the Council, acting by a qualified majority on a 
proposal from the Commission and after consulting 
the other institutions concerned, to amend the Staff 
Regulations and the conditions of employment; 
Whereas, in the light of experience gained in applying 
the said Staff Regulations and the said conditions of 
employment, certain provisions of the conditions of 
employment should be amended, notably in respect of 
research staff, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The conditions of employment of other servants of 
the European Communities are hereby amended as 
follows: 
C) OJNoL56, 4. 3. 1968, p. 1. 
O OJ No L 53, 26. 2. 1983, p. 1. 1. The following paragraph is added to Article 8: 
'The contracts of temporary staff engaged for a 
fixed period may be renewed not more than once 
for a fixed period. Any further renewal shall be 
for an indefinite period.' 
2. The first paragraph of Article 11 is replaced by 
the following: 
'Articles 11 to 26 of the Staff Regulations, 
concerning the rights and obligations of officials, 
shall apply by analogy. However, where a 
member of the temporary staff holds a contract 
for a fixed period, the duration of leave on 
personal grounds referred to in the second 
paragraph of Article 15 of the Staff Regulations 
shall be limited to the remainder of the term of 
the contract.' 
3. The third paragraph of Article 14 is replaced by 
the following: 
'Not less than one month before the expiry of the 
probationary period, a report shall be made on 
the ability of the member of the temporary staff 
to perform the duties pertaining to his post and 
also on his conduct and efficiency in the service. 
This report shall be communicated to the person 
concerned, who shall have the right to submit his 
comments in writing. A member of the temporary 
staff whose work has not proved adequate to 
justify his retention in his post shall be dismissed. 
A report on the probationary member of 
temporary staff may be made at any time during 
the probationary period if his work is proving 
obviously inadequate. The report shall be 
communicated to the person concerned, who 
shall have the right to submit his comments in 
writing. On the basis of the report the authority 
authorized to conclude contracts of engagement 
may decide to dismiss the member of the 
temporary staff before the end of the 
probationary period, by giving him one month's 
notice; the period of service may not, however, 
exceed the normal probationary period. 
^oCP2t^ official journal of the European communities ^.8.83 
Adismissedmemberof the temporary staff shall 
beentitledtocompensationequaltoone^thirdof 
his basic salary pe^ month of probation 
completedB 
^ in Articled 
^ the words ^three months^ at the end of the 
first paragrapharereplacedbytheword^Sm 
months^ 
^ The following three paragraphs are added^ 
^hileamember of the temporary staff is on 
unpaid lea^e his membership of the social 
security scheme provided for in Article 28 
shall be suspended. 
Plowe^er, a member of the temporary staff 
who provides evidence that he cannot be 
cohered by any other public scheme of 
insurance against the risks referred to in 
Article 28 may, not later than one month 
following that in which unpaid lea^e begins, 
apply to continue to be cohered in 
accordance with that Article, provided that he 
bears half the cost of the contributions 
required to co^er the risks referred to in 
Article 28 for the durationof his lea^the 
contributions shallbecalculatedby reference 
to his last basic salary. 
^ioreo^er, temporary staff as defined in 
Article2^,^and^whopro^e that they 
cannot acquirepension rights under another 
pension scheme may apply to continue to 
acquire further pension rights throughout the 
period of unpaid lea^e, provided they bear 
the cost ofacontribution equal to three times 
the rate laid down in Article^theircontri 
butions shall be calculated by reference to the 
basic salary for their grade and stepB 
^. Articlet8 is replaced by the following^ 
rhe contract ofamember of the temporary staff 
who is called up for military service or for reserve 
training or is recalled to ser^e in the armed forces 
shall be suspended^ fo^r temporary staff engaged 
for a fi^ed period the suspension may in no 
circumstances exceed the duration of the 
contract. 
Amember of the temporary staff who is called up 
for military service shall cease to receive his 
remuneration but shall retain his right under 
these conditions of employment to advancement toahigher step. Ide shall alsoretain his right to 
retirement pension if, after completing his 
military service, he pays up his pension contri 
butions retroactively. 
Amemberofthetemporarystaffwho is called up 
forreser^etrainingor isrecalledtoser^e inthe 
armedforcesshall, during theperiodof training 
or recall, continue to receive his remuneration 
subject to deduction of an amount equal to his 
service payB 
D. In Article 20, the fourth paragraph andthe scale 
of basic monthly salaries are deleted. 
B5 The following sentence is added to Article 2^^ 
^Howe^er^the twelvemonth ruleshall not apply 
if amember of the temporary staff isassignedto 
a new place of employment and is obliged to 
change his place of residence asaresultB 
8.1nArticle2^ 
^ the following subparagraph is added to 
paragraph n .Plowe^er, a member of the 
temporary staff who is required to change his 
place of residence following transfer toanew 
place of employment shall receive three^thirds 
of the rate laid down in Article ^ of Anne^ 
VN to the ^taff Regulations^ 
^ the figure of Bfrs^OOO inthe first indent of 
paragraph ^ is replaced by Bfrs ^000 and 
thefigureof Bfrs ^OOOinthesecondindent 
is replaced by Bfrs 22 000 
^. The following sentence is added to Article 2^ 
^ldowe^er,amember of the temporary staff who 
is engaged for a fi^ed period of less than 12 
months, or who is deemed by the authority 
referred to inthe firstparagraph of Articled to 
be engaged for an equivalent period if his 
contract is for an indefinite period, and who 
furnishese^idence that hemust change hisplace 
of residence shall be entitled to the daily 
subsistene allowance for the duration of his 
contract or forama^imum of one yearB 
10. Thefirstparagraphof Article28 isreplacedby 
the following^ 
^Articles B2 and ^ of the ^taff Regulations, 
concerning sickness and accident co^er, shall 
apply by analogy to temporary staff during the 
period of employment, during sick lea^e and 
during theperiods of unpaidlea^ereferredtoin 
9.8.83 Official Journal of the European Communities No C 213/9 
Article 17; Article 72 of the Staff Regulations, 
concerning sickness cover, shall apply by analogy 
to temporary staff in receipt of invalidity pension 
and to recipients of a survivor's pension.' 
11. In Article 47(1) (b) the sentence Tor temporary 
staff whose engagement has been renewed, the 
period of notice shall be increased to six .months' 
is inserted after the sentence 'Such period of 
notice shall be not more than three months nor 
less than one month.' 
12. Article 48 is replaced by the following: 
'Article 48 
Employment, whether for a fixed or for an 
indefinite period, may be terminated by the 
institution without notice: 
(a) during or at the end of the probationary 
period in accordance with Article 14; 
(b) if the servant ceases to satisfy the 
requirements of Article 12 (2) (a) and (d). 
However, if the servant ceases to satisfy the 
requirements of Article 12 (2) (d), his 
contract may be terminated only in 
accordance with Article 33; (c) if the servant is unable to resume his duties at 
the end of a period of paid sick leave as 
provided for in Article 16. In such case the 
servant shall receive an allowance equal to his 
basic salary plus family allowances at the rate 
of two days per month of service completed.' 
TRANSITIONAL PROVISION 
Article 2 
The provisions of this Regulation shall apply to 
temporary staff in service when this Regulation comes 
into force. 
FINAL PROVISION 
Article 3 
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.