COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC91) 32 final 
Brussels, 14 February 1991 
Amended proposal for a 
COUNCIL REGULATION (EECÏ 
amending the Staff Regulations of Officials and the 
Conditions of Employment of Other Servants of the European Communities 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
BnTÀKrflTlff TflOTnlïïTOl 
m O0K(88) 776 final dated 11 January 1989, the Coramission transmitted a 
proposal for a Council Regulation amending the Staff Régulations of 
Officials and the Conditions of Btrployment of Other Servants of the 
European powiff TA * ti ^s • 
The purpose of the proposal vas to streamline the management of human 
resources and provide new possibilities for staff mobility. 
On 25 October 1990 Parliament adopted a resolution proposing pertain 
changes to the proposal. Most of them are acceptable to the Commission and 
they are incorporated In the present text. 
Amended proposal for a 
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•mending the Staff Regulations of Officials and the 
Conditions of Employment of Other Servants of the European Communities 
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 interinstitutional 
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; 
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Whereas the arrangements governing the probationary period should be adjusted 
to enable the probationer's merits to be assessed more accurately; 
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 probationer'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 competition 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; 
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Whereas Articles 2 and 3 of Regulation (EEC, Euratom, ECSC) 
No 259/68/ as last amended by Regulation (Euratom, ECSC, EEC) No 3736/9CT 
lay down the Staff Regulations of Officials and the Conditions of Employment 
of Other Servants of the European Communities respectively; 
HAS A00PTE0 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 wi'th the appointing authority 
entrusted with the exercise of powers. Any appeals shall be made against the 
institution to which that appointing authority is answerable." 
10J L 56, 4.3.1968, p. 1. 
20J L 360, 22.12.1990, p.1. 
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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 1a is inserted: 
"1a. 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, 
•*•!•'•"•••* 
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- 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 vote only in the absence of a member." 
Article 4 
In Annex II, the following 3a is inserted: 
"Article 3a 
The common Joint Committee shall meet at the request either of the appointing 
authority riiirrtd to in the third paragraph of Article 2 of the Staff 
Regulations 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 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 1n the opinion of the Joint Committee." 
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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 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 , in such a way as to ensure equal representation.". 
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: 
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"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 1n Grades A1 and A2 shall serve a 
probationary period before they can be established. The period shall be 
nine months for officials in Category A, in the Language Service and in Category B 
and six months for other officials. 
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 
tne 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 S perioS 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 probationer before the enS of 
the probationary period, giving him one month's notice; the period of service 
may not, however, exceed the normal probationary period. service 
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However, the appointing authority may, in exceptional 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 two months 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 
exceptional circumstances, extend the probationary period for a maximum of 
six months, and possibly assign the probationer to another department. 
4. The total lenoth of the probationary period shall in no circumstances 
exceed fifteen months. 
5. Except where he is in a position forthwith to resume employment 
elsewhere, a dismissed probationer 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 ^r\d of their probationary period." 
«MqMMaMff» 
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Article 9 
The following third Indent is added to Article 37(1)(a): 
"- to serve temporarily in a post which 1s included in the 11st of posts 
financed from the research and investment appropriations and which the 
budgetary authorities have classified as temporary.". 
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 
simply by way of transfer without a competition, subject to a ceiling that may be set each year 
by each institution following consultation of the Joint Committee. General Implementing 
Provisions may, if necessary, be adopted by each institution under Article 110." 
Article 11 
Footnote (1) in Annex I is deleted. 
Article 12 
Article 3 of Annex VII 1s amended as follows: 
1. In the second paragraph the words "or compulsory" art inserted between 
the words "primary" and "educational establishment". 
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2. The first Indent of the third paragraph is replaced by the following: 
"-anofficial whose place of employment is at least 50 km from a 
European School, provided that the language of the place of employment 
is not the child's mother tongue or main*language*"* * V r 
3. The following new indent is inserted after the first indent-of the-
third paragraph: • * • -
"-anofficial whose child, for imperative educational reasons duly supported 
by evidence, must *iave primary or secondary level schooling otherthan that 
provided in a European School, adapted to his particular needs." 
4. The second indent of the third paragraph becomes the third indent. 
The words "in the country of which he is a national or working in his language" 
are replaced by the words "working inthe child's mother tongue or mamlanguage" and 
the words "the country of which the official is a national" are replaced by 
the words "the country of employment". 
5. The following paragraph is-inserted after the third, paragraph: * 
0 
"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 
allocances provided for in Articles 41 and 50 of the Staff Regulations or the 
allowance provided for in Article 4 of Council Regulation (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.". 
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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 that of 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. 
Done at Brussels, For the Council 
0 
JSb 
FICHE FINANCIERE 
les incidences financières de cette proposition se concentrent autour de 
l'article 12 (allocations scolaires). Elles peuvent être évaluées 
difficilement, mais en prenant une hypothèse pessimiste, les dépenses 
peuvent être chiffrées autour de 500 000 ECUS par an. 
Il est à noter que la nouvelle formulation statutaire entraînerait la 
suppression du poste budgétaire 3268 (Titre III, partie A), avec une 
économie de 122 000 ECUS (budget 1989). 
Coût budgétaire : 500 000 ECUS 
Suppression poste 3268 : 122 000 ECUS 
Dépense supplémentaire 378 000 ECUS 
+++++ 
KSN 0254-1475 
COM(91) 32 final 
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