Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the Communities (COM(98)0312 C4-0332/98 98/0176(CNS)) (Consultation procedure)
Date: 1999-03-11
Institutions: Committee on Legal Affairs, European Parliament
Subjects: approximation of laws, regulations for civil servants













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51999AP0098

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the Communities (COM(98)0312 C4-0332/98 98/0176(CNS)) (Consultation procedure)  


Official Journal C 175 , 21/06/1999 P. 0246 





A4-0098/99Proposal for a Council Regulation amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the Communities (COM(98)0312 - C4-0332/98 - 98/0176(CNS))The proposal was approved with the following amendments:(Amendment 4)Recital 3a (new)>Original text>>Text following EP vote>Whereas it is of paramount importance to adopt Conditions of Employment for European Parliamentary assistants before the end of this parliamentary term in order to ensure greater transparency and to guarantee assistants uniform conditions commensurate with their job;(Amendment 26)Recital 3b (new)>Original text>>Text following EP vote>Whereas this particular expenditure for the European Parliament means that a suitable budgetary nomenclature should be introduced;(Amendment 6)Recital 4a (new)>Original text>>Text following EP vote>Whereas it is extremely important that this Regulation should enter into force when the next parliamentary term begins (1999),(Amendment 31)ARTICLE 2Article 78a (Regulation 259/68 - Conditions of employment of other servants)>Original text>By way of derogation from the provisions of this Title, the conditions and duration of recruitment and the level of remuneration of Parliamentary assistants engaged as auxiliary staff to perform services for one or more Members of the European Parliament shall be determined by the general implementing provisions adopted by the European Parliament.>Text following EP vote>1. By way of derogation from the provisions of this Title, Parliamentary assistants engaged as auxiliary staff to perform services for one or more Members of the European Parliament shall be subject to the general implementing provisions adopted by the European Parliament before the end of the present parliamentary term.>Original text>>Text following EP vote>2. These general implementing provisions shall be adopted by the European Parliament on a proposal from its committee responsible. They shall govern in particular:>Original text>>Text following EP vote>- general working conditions, including recruitment and dismissal,- remuneration,- conditions of affiliation to social security and pension schemes,- place of work,- confidentiality,- the prohibition of outside activities, including lobbying,- the prohibition of discrimination against citizens of countries that do not belong to the EU,- disputes between employers and employees and the exclusion of the European Parliament's liability for the employment relationship.>Original text>The budgetary authorities shall be notified of the general implementing provisions determining the level of remuneration, and of any amendments thereto, no later than one month before they enter into force.'>Text following EP vote>3. The budgetary authorities shall be notified in good time of the general implementing provisions determining the level of remuneration, and of any amendments thereto. They shall always take account of the timetable for the adoption of Parliament's estimates and Parliament's adoption of the budget.>Original text>>Text following EP vote>4. The annual allowance for Parliamentary assistants is intended for the remuneration of assistants and other staff, their salaries being paid directly by the European Parliament on the instructions of the Member.(Amendment 9)ARTICLE 2Article 78a(5) (new) (Regulation 259/68 - Other Servants)>Original text>>Text following EP vote>5. These provisions shall not apply to staff of Members of Parliament employed in the Member States unless specifically requested by the Member of Parliament.(Amendment 10)ARTICLE 2Article 78a(6) (new) (Regulation 259/68 - Other Servants)>Original text>>Text following EP vote>6. The relevant national legislation shall apply to situations regulated by paragraph 5, without any derogation on the grounds of the specific legal nature of the contracting parties.(Amendment 11)ARTICLE 2a (new)Article 78b (new) (Regulation 259/68 - Other Servants)>Original text>>Text following EP vote>Article 2aThe following Article is inserted after Article 78 of the Conditions of Employment of Other Servants:>Original text>>Text following EP vote>'Article 78b>Original text>>Text following EP vote>In order to meet the needs of Members of the European Parliament as regards the implementation of specific or exceptional tasks, Members of the European Parliament may engage experts and/or consultants for less than three months or at other working places. The Conditions of Employment shall not apply to such staff.¨(Amendment 13)ARTICLE 2b (new)Article 78c (new) (Regulation 259/68 - Other Servants)>Original text>>Text following EP vote>Article 2bThe following Article is inserted after Article 78 of the Conditions of Employment of Other Servants:>Original text>>Text following EP vote>'Article 78cThe contract of employment shall specify in particular:>Original text>>Text following EP vote>(a) the date on which the engagement begins,>Original text>>Text following EP vote>(b) the duration of the engagement,>Original text>>Text following EP vote>(c) the nature of the Parliamentary assistant's work,>Original text>>Text following EP vote>(d) the place of work and the working hours.¨(Amendment 15)ARTICLE 2c (new)Article 78d (new) (Regulation 259/68 - Other Servants)>Original text>>Text following EP vote>Article 2cThe following Article is inserted after Article 78 of the Conditions of Employment of Other Servants:>Original text>>Text following EP vote>'Article 78dCitizens of third countries may be engaged as Parliamentary assistants if they have a work permit that is valid in a Member State of the European Union.¨(Amendment 19)ARTICLE 2d (new)Article 78e (new) (Regulation 259/68 - Other Servants)>Original text>>Text following EP vote>Article 2dThe following Article is inserted after Article 78 of the Conditions of Employment of Other Servants:>Original text>>Text following EP vote>'Article 78eDisputes between Members of the European Parliament and Parliamentary assistants relating to the employment of the latter shall be settled by Parliament's administration in agreement with the Member concerned. If disputes cannot be settled in this way, Article 73 shall apply.¨Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the Communities (COM(98)0312 - C4-0332/98 - 98/0176(CNS))(Consultation procedure)The European Parliament,- having regard to the Commission proposal to the Council, COM(98)0312 - 98/0176(CNS) ((OJ C 179, 11.6.1998, p. 16.)),- having been consulted by the Council pursuant to Article 24 of the Treaty establishing a single Council and a single Commission (C4-0332/98),- having regard to Rule 58 of its Rules of Procedure,- having regard to the report by the Committee on Legal Affairs and Citizens' Rights and the opinions of the Committee on Budgets and the Committee on the Rules of Procedure, the Verification of Credentials and Immunities (A4-0098/99),1. Approves the Commission proposal, subject to Parliament's amendments, and will immediately begin drawing up the general implementing provisions;2. Calls on the Council to inform it if it intends to depart from the text approved by Parliament;3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;4. Instructs its President to forward this opinion to the Council and Commission.