Staff Regulations of the European Union Satellite Centre
Date: 2001-12-21
Institutions: Council of the European Union
Subjects: EU office or agency, Western European Union, common foreign and security policy, rules of procedure, satellite communications, staff

L 39/44

EN

Official Journal of the European Communities

9.2.2002

TRANSLATION

STAFF REGULATIONS OF THE EUROPEAN UNION SATELLITE
CENTRE (1)

(1) Adopted by the Council by the written procedure on 21 December 2001, pursuant to Article 9(3) of Council Joint

Action No 555/CFSP of 20 July 2001 (OJ L 200, 25.7.2001, p. 5).

9.2.2002

EN

Official Journal of the European Communities

L 39/45

PRELIMINARY REMARKS

PREAMBLE

Article 1

TITLE I — GENERAL PROVISIONS

Article 2 — Provisions applicable to all staff members

Authority
Declaration
Conduct
Financial responsibility
Security

TITLE II — STATUS OF STAFF MEMBERS

CHAPTER I — GENERAL PROVISIONS

Article 3 — General provisions applicable to staff members

Privileges and immunities
Assistance and compensation
Proprietary rights
External activities
Candidacy for public or political office

CHAPTER II — RECRUITMENT AND CONTRACTS

Article 4 — Recruitment

Article 5 — Age limit for employment

Article 6 — Medical examinations

Article 7 — Contracts and length of contracts

Initial contracts
Probationary period
Termination of contracts
Compensation for loss of job
Reduced notice of termination

CHAPTER III — SALARIES AND ALLOWANCES

Article 8 — General provisions

Article 9 — Basic salary

Article 10 — Expatriation allowance

Article 11 — Family and social allowances

Household allowance
Children's and other dependants' allowance
Education allowance
Handicapped children's and other dependants' allowance
Rent allowance
Transport allowance

Article 12 — Extra duties allowance

Article 13 — Installation allowance

Article 14 — Deductions

Internal tax
Contributions to pension scheme
Contributions to supplementary insurance scheme

Article 15 — Salary advances and reimbursement

L 39/46

EN

Official Journal of the European Communities

9.2.2002

CHAPTER IV — TRAVEL COSTS

Article 16 — Installation and departure

Article 17 — Removal expenses

Article 18 — Travel on duty

CHAPTER V — INTERNAL ORGANISATION

Article 19 — Hours of work

Article 20 — Public holidays

Article 21 — Leave

Article 22 — Home leave

Article 22a — Special

leave

CHAPTER VI — REPORTS AND PROMOTION

Article 23 — General provisions

Article 24 — Procedure

Article 25 — Follow-up action on reports

CHAPTER VII — DISCIPLINARY MEASURES

Article 26 — Definitions

Article 27 — Compensation for damage

Article 28 — Notification of complaints

Article 29 — Disciplinary Board

CHAPTER VIII — APPEALS AND APPEALS BOARD

Article 30 — Appeals

CHAPTER IX — PENSION SCHEME

Article 31 — Leaving allowance

Article 32 — Retirement pension

Article 33 — Invalidity pension

Article 34 — Survivor's pension

Article 35 — Orphan's or dependant's pension

Article 36 — Provisional pensions

TITLE III — PROVISIONS APPLICABLE TO TEMPORARY STAFF

Article 37 — Statutory provisions

Article 38 — Contracts

Article 39 — Remuneration

Article 40 — Special provisions

TITLE IV — PROVISIONS APPLICABLE TO EXPERTS AND SECONDED EXPERTS

Article 41 — Statutory and financial provisions

Article 42 — Representation of staff

ANNEX I

ANNEX II

ANNEX III

ANNEX IV

ANNEX V

ANNEX VI

INDEMNITY FOR LOSS OF JOB

EXPATRIATION ALLOWANCE

CHILDREN AND OTHER DEPENDANTS

HANDICAPPED DEPENDANTS

RENT ALLOWANCE

TRAVEL COSTS AND REMOVAL EXPENSES

ANNEX VII

OFFICIAL DUTY EXPENSES

ANNEX VIII

SICK LEAVE, MATERNITY LEAVE AND OTHER SPECIAL LEAVE

ANNEX IX

ANNEX X

COMPOSITION AND PROCEDURES OF DISCIPLINARY BOARDS

APPEALS BOARD

9.2.2002

EN

Official Journal of the European Communities

L 39/47

PRELIMINARY REMARKS

The Staff Regulations of the European Union Satellite Centre have been drawn up in parallel with those of the Institute
for Security Studies, which explains the considerable similarities between the two texts. However, it must be stressed
that there are differences, owing to certain specific features of the Centre.

The Centre is an operational body, which explains for instance why staff members must, in exceptional cases assume
responsibility at a higher level than that warranted by their posts or why they have to work outside ‘normal’ working
hours.

The particular location of the Centre, in a military airbase in the host country, is the second factor which justifies
certain differences, particularly as regards security and transport.

L 39/48

EN

Official Journal of the European Communities

9.2.2002

PREAMBLE

The Satellite Centre is an agency of
affiliated to the Coordinated Organisations.

the European Union,

Article 1

The staff of the Centre comprises natural persons who hold
contracts as staff members or temporary staff. Paid experts and
trainees are subject to specific provisions listed in Title IV.

The Director of the Centre is authorised to make such amend-
ments to these Regulations as prove necessary, with the assent
of the Board.

These Regulations define the status, rights, duties and responsi-
bilities of the members of the staff of the European Union
Satellite Centre, hereinafter referred to as ‘the Centre’.

These Regulations shall apply to all staff members except
where the Board has taken decisions to the contrary in respect
of hors grade personnel.

TITLE I

GENERAL PROVISIONS

Article 2

Provisions applicable to all staff members

action or activity that may in any way undermine the dignity of
their position or the good name of the Centre.

1.

Authority

4.

Financial responsibility

Staff members shall be subject to the authority of the Director
and responsible to him for the performance of their duties,
which they shall undertake to carry out as scrupulously and
conscientiously as possible.

Staff members may be required to reimburse the Centre, either
partly or in full, any financial loss suffered by it owing to their
negligence, or because they have deliberately violated any regu-
lation or procedure approved by the Board or the Director.

2.

Declaration

5.

Security

On accepting engagement with the European Union Satellite
Centre each staff member shall subscribe to the following
declaration:

‘I solemnly undertake to exercise in all loyalty, discretion
and conscience the functions entrusted to me as member of
the staff of the European Union Satellite Centre, and to
discharge these functions with the interests of the Centre
only in view. I further undertake not to seek or accept
instructions in regard to the performance of my duties
from any government or from any authority other than the
Centre.’

3.

Conduct

Staff members shall, on engagement, acquaint themselves with
the Centre's security regulations. They shall sign a declaration
whereby they acknowledge their disciplinary and financial
responsibility in the event of non-compliance with those regu-
lations.

(a) All

staff members,

including seconded experts

and
seconded experts from third-States, may be required to
have security clearance giving them access to classified
documents in the course of their duties. A request for such
clearance will be addressed to the competent authorities by
the Centre's Security Officer. Pending official clearance,
temporary clearance may be granted by the Director.

times in a
Staff members shall conduct
manner compatible with their status as representatives of the
European Union Satellite Centre. They shall abstain from any

themselves at all

(b) Staff members shall

inform the Security Officer imme-
diately in the event of the suspected loss or compromise of
a classified document.

9.2.2002

EN

Official Journal of the European Communities

L 39/49

TITLE II

STATUS OF STAFF MEMBERS

CHAPTER I

GENERAL PROVISIONS

Article 3

— make any public statement,

in particular to any public

information body, concerning the Centre's activities,

— give lectures or engage in teaching activities directly

connected with their work at the Centre,

— accept fees or remuneration for the aforesaid activities,

— accept decorations or honours, or any material advantages

General provisions applicable to staff members

associated with these.

Staff members of the Centre are natural persons holding contracts as
defined in Chapter II, and occupying budget posts listed in the table of
staff annexed each year to the Centre's budget.

1.

Privileges and immunities

The privileges and immunities conferred on staff members are
accorded in the interests of the European Union Satellite Centre
and not for their personal convenience. They must not be used
to avoid private obligations, or as an excuse for failure to
observe the laws or police regulations of the host State.

In any incident where these privileges and immunities are
involved, the staff member concerned shall immediately report
the incident to the Director. In the event of infringement of
local legislation, the Director may decide to waive the privileges
or immunities if he deems this necessary.

2.

Assistance and compensation

The Centre shall provide assistance to staff members who, by
reason of their current appointment or duties at the Centre,
and through no fault of their own, are subject to threats,
insults, defamation or attack. Compensation for any material
damage sustained may be granted provided that:

— the staff members have not wilfully or through negligence

provoked the damage in question;

— no redress has been obtained;

— staff members make over to the Centre any claims they
in particular insurance

may have against a third party,
companies.

All decisions in this matter that could involve action or
payments by the Centre shall be taken by the Director, who has
a discretionary power in assessing the circumstances of the
case, what
should take and what
compensation,

if any, should be granted.

form the assistance

3.

Proprietary rights

5.

Candidacy for public or political office

(a) Staff members who for personal reasons wish to stand for
public or political office shall notify the Director of this
intention.

(b) Any staff member who stands for public or political office
shall be given unpaid leave starting on the date he declares
that he is beginning his electoral campaign.

(c) If elected, the staff member shall request termination of his
contract. Such termination shall not carry any entitlement
to loss-of-job indemnity.

(d) If he does not accept the public or political office, the staff
member shall be entitled to resume his appointment with
the same salary and seniority from which he benefited at
the time his unpaid leave began.

(e) Time spent on unpaid leave shall not count

towards
seniority or pension rights. During his leave the staff
member may be replaced by temporary staff.

CHAPTER II

RECRUITMENT AND CONTRACTS

Article 4

Recruitment

1.
Offers of employment shall be made by the Director,
except in respect of the post of Director. The Centre shall be
responsible for publishing vacant posts.

All rights, including title, copyright and patent rights, in any
work carried out by a staff member in the performance of his
official duties, shall be vested in the Centre.

Candidates under 18 or over 60 years of age will not

2.
normally be considered for engagement.

4.

External activities

Vis-à-vis outside organisations and persons, staff members shall
obtain the prior approval of the Director if they wish to:

3.
Candidates closely related by blood or marriage to a staff
member will not normally be selected for engagement. Excep-
tions may be authorised by the Director, provided that neither
of the persons concerned serves in a capacity subordinate to
the other.

L 39/50

EN

Official Journal of the European Communities

9.2.2002

Recruitment of

4.
nationals of the Member States of the European Union.

staff members

shall be limited to

5.
Staff members shall be engaged at the lowest step of the
grade of the post for which they are selected. However, the
Director may grant a higher step where this is justified.

6.
The Director shall determine which posts are to be filled
by examination or competition, and shall lay down the tests for
engagement which candidates for such posts will be required to
pass. Examining or selection boards shall be chosen by the
Director from among the staff of the Centre, to which he may
add an external examiner.

The travel and accommodation costs of candidates
7.
invited to the Centre for interview or examination shall be met
on the same conditions as those applying to staff members
travelling on duty (1).

Article 5

Age limit for employment

The age limit for employment is set at the end of the month in
which the staff member reaches the age of 65. The Director
may authorise extensions up to a maximum of 12 extra
months.

Article 6

Medical examinations

1.
Engagement of staff members shall be subject to a state-
ment from a doctor approved by the Centre certifying that the
candidate is physically fit for employment with the Centre and
for the duties of his post, and that he is free from any disability
or disease that would represent a risk to other staff members.

Staff members shall be required to undergo a medical

2.
examination each year.

3.
The doctor approved by the Centre shall provide expert
advice to the Director on the unsuitability of any staff member
to continue to occupy his post.

4.
If the results of an annual or other medical examination
show that a staff member is no longer able to carry out his
duties, his contract shall be terminated within three months
and a medical board shall be convened to establish his entitle-
ment to invalidity pension.

Article 7

Contracts and length of contracts

1.

Initial contracts

Apart from specific provisions applicable to the Director, initial
contracts given by the Centre shall be for three years. These

(1) See Annex VII.

contracts may be renewed by the Director for the same or
shorter periods, with the staff member's agreement.

2.

Probationary period

The first six months of initial contracts shall be a probationary
period beginning on the date of entry into service.

During that period, contracts may be terminated, without any
right to loss-of-job indemnity, with one month's notice given
by the Centre or the staff member.

At the end of the probationary period, or earlier, the staff
member shall receive notice in writing that his contract is
confirmed or terminated.

The probationary period shall form an integral part of the
period of the initial contract. It shall count towards seniority
and pension rights.

3.

Termination of contracts

In the situations provided for in Annex I, contracts may be
terminated or not renewed by the Centre or the staff member
himself:

(a) By the Centre,

(i) with six months' notice:

— as a result of the suppression of the budget post

occupied by the staff member,

— through a change in the nature or

functions

pertaining to the post,

— because of the professional inadequacy of the staff
member, duly recorded in two successive annual
reports, or

— through physical unfitness of the staff member that

has occurred while serving.

(ii) with a maximum of one month's notice, following any
disciplinary procedures that have established a mis-
demeanour or responsibility of the staff member as
defined in Chapter VII.

(b) By the staff member, with three months' notice for any

personal reasons that he is not required to state.

4.

Compensation for loss of jobs

Other than for disciplinary reasons, the termination or non-
renewal of a contract by the Centre shall entail:

1. for staff members with more than 10 years' service, the
settlement of deferred pension rights, accompanied by the
payment of a loss-of-job indemnity under the conditions set
out in Annex I;

2. for staff members with less than 10 years' service, the
payment of a leaving allowance, with loss-of-job indemnity
for staff members whose contracts have been prematurely
terminated, under the conditions set out in Annex I;

9.2.2002

EN

Official Journal of the European Communities

L 39/51

3. for staff members whose contracts have been terminated for
reasons of physical unfitness and whose permanent inva-
lidity has been established by an ad hoc medical board, the
granting of invalidity under the conditions laid down in the
Pension Scheme Rules.

The termination or non-renewal of a contract by a staff
member shall not entitle him to loss-of-job indemnity (1).

5.

Reduced notice of termination

If the interests of the service so require, the period of notice
stipulated at paragraph 3(a) above may be reduced; in that case
the staff member concerned shall be entitled to the payment of
an additional sum representing the salary and allowances that
he would have received if the actual date of expiry of his
contract had coincided with the end of a six-month period of
notice.

These provisions shall not apply in the case of termination for
disciplinary reasons.

CHAPTER III

SALARIES AND ALLOWANCES

Article 8

General provisions

The remuneration paid to members of the staff of the Centre
shall include basic salary, expatriation allowance, and family
and social allowances.

Contributions and deductions shall be made from these emolu-
ments in respect of internal tax, the pension scheme and social
welfare.

Staff members' current accounts shall be credited with the
amount due during the last working week of the month.

Changes in staff members' personal circumstances that may
have financial consequences shall be taken into account for the
remuneration of the month during which changes are notified
to the Centre's administrative section; changes to remuneration
already paid may not be made.

All over-payments shall be reimbursed by the staff member to
the Centre.

Article 9

Basic salary

Net basic salary shall be the amount shown for the grade and
step of a staff member in the scales approved each year by the
Board.

Gross basic salary shall correspond to net basic salary plus the
internal tax due from the staff member.

(1) For the conditions governing entitlement and calculation of loss of

job indemnity, see Annex I.

Article 10

Expatriation allowance

This allowance shall be paid to staff members in A, L and B
grades who, at the time of their first appointment, were not
nationals of the State in whose territory their permanent place
of duty is situated and who had not been continuously resident
in that State's territory for three years.

This allowance shall cease to be payable if a staff member is
transferred to the country of which he is a national.

The amount of the allowance shall be calculated in accordance
with Annex II.

Where a staff member is appointed by the Centre immediately
after having been employed in the country where he performs
his duties by another international organisation or administra-
tion, years of service with his previous employer shall be taken
into account when calculating entitlement to the allowance and
the amount.

Article 11

Family and social allowances

These allowances shall be added to basic salary monthly.

1.

Household allowance

This allowance:

(a) shall be paid to any staff member who is married,
widowed, divorced, legally separated or single and has at
least one dependant within the meaning of Annex III to
these Regulations;

(b) shall be equal to 6 % of net basic salary;

(c) in the case of a married staff member who has no depend-
ants but whose spouse is gainfully employed, the allowance
payable shall be the difference between the net basic salary
for grade B3 step 1 plus the allowance to which the staff
member would be entitled in theory, and the earned
income of the spouse. If the latter amount is equal to or
greater than the former, no allowance shall be payable;

(d) shall not be paid to a staff member whose spouse is a
member of an international organisation and has a higher
basic salary than the staff member.

2.

Children's and other dependants' allowance

This allowance:

(a) shall be paid to staff members who mainly and continu-
ously maintain either a legally recognised child or another
member of their family by virtue of a legal or judicial
obligation, or a child who has lost both parents and for
whom they have assumed responsibility;

L 39/52

EN

Official Journal of the European Communities

9.2.2002

(b) shall be a fixed amount for each dependant, set each year

in the scales approved by the Board;

monthly transport allowance. The amount of the allowance
shall be set by the Director at the beginning of each calendar
year.

(c) where both spouses work for international organisations,
shall be paid to whichever of them is in receipt of house-
hold allowance or equivalent.

Definitions and the conditions under which this allowance is
granted are set out in Annex III.

3.

Education allowance

Staff members who are entitled to household allowance, and
whose dependant children, as defined in Annex III are in
full-time primary, secondary or higher education (1), shall be
entitled to an annual education allowance. The allowance shall
be equal to twice the amount of the dependant child's allow-
ance, and shall be payable for each child in one sum at the
beginning of the school year. The staff member concerned shall
provide to the administrative section all supporting evidence of
expenditure at the beginning of each school year.

4.

Handicapped children's and other dependants' allowance

(a) An allowance for handicapped children or dependants shall
be paid to staff members who are primarily and continu-
ously responsible for their care. The child or dependant
must fulfil the criteria and conditions set out in Annex III.

Article 12

Extra duties allowance

(a) An extra duties allowance may be granted by the Director
to staff members who are required, in the interests of the
service, to assume temporarily part or all of the responsibil-
ities of a staff member of a higher grade. The allowance
shall be paid on the basis of the remuneration of two
additional steps in the grade of the staff member and shall
not take effect until the Director has confirmed the staff
member's extra duties and the staff member has completed
one month's continuous service in the higher grade post.
The allowance shall be due from the actual date on which
that service began.

(b) An allowance for additional responsibility may be attached
to certain posts on a case-by-case basis by the Director if
the staff member has to assume responsibility for managing
a team of staff members of the same grade as his own. The
maximum amount of such allowance shall be set by the
Director at the beginning of each calendar year.

(b) The details of allocation and payment of the allowance are

Article 13

given in Annex IV.

5.

Rent allowance

(a) This allowance shall be paid monthly to grade B, C, A1,
A2, L1 and L2 staff members who are tenants or sub-
tenants of accommodation and who pay a rent —
excluding service charges considered to be the liability of
the tenant in the country of residence — that exceeds a
specified proportion of their emoluments.

Installation allowance

1.
An installation allowance shall be paid to staff members
whose place of residence was more than 100 kilometres from
their duty station at the time they accepted employment with
the Centre.

The amount of the allowance shall be 30 days' basic

2.
salary.

(b) The method of calculating the allowance is set out in

Annex V.

Installation allowance shall be paid in advance to the staff

3.
member when he assumes his duties at the Centre.

(c) Staff members in receipt of rent allowance shall inform the
Head of Administration and Personnel immediately of any
change in their circumstances that could affect their eligi-
bility for the allowance.

(d) The allowance shall not be paid to staff members:

— who receive a similar national benefit from the govern-

ment of which they are nationals;

— whose spouse receives a similar allowance from another

international organisation.

6.

Transport allowance

Staff members shall be required to reimburse half the
4.
installation allowance if they leave their appointment of their
own accord before two years have elapsed.

5.
The Director may authorise an exception to the provi-
sions governing reimbursement where their strict application
might cause special hardship.

Article 14

Deductions

Since the duty station is remote from residential areas and the
Satellite Centre is located in a military base which is not served
by public transport, staff of the Centre shall receive a flat-rate

(1) i.e. excluding nursery school or equivalent.

Internal tax shall amount to 40 % of the basic salary in respect
of a given grade and step. This sum shall be added to net basic
salary to give gross basic salary. This sum shall be shown as a
monthly deduction on pay slips.

1.

Internal tax

9.2.2002

EN

Official Journal of the European Communities

L 39/53

2.

Contributions to pension scheme

A monthly deduction equal to 8,3 % of net basic salary shall be
made from staff members' emoluments and paid into the
Centre's pensions budget.

3.

Contributions to supplementary insurance scheme

A monthly deduction in respect of supplementary insurance
emoluments. The
from staff members'
shall be made
percentage shall be determined, at the beginning of the year for
the following 12 months, by agreement between the Centre
and the insurance company operating the scheme. The amount
deducted shall be added to the employer's contribution and
paid at the end of the year to the company providing this
insurance.

Article 15

Salary advances and reimbursement

1.
Unless decided otherwise by the Director, the Centre's
Head of Administration and Personnel may, depending on
available cash resources, authorise interest-free advances to
members of the staff who can justify this need.

The amount of this advance shall not exceed 3 months'

2.
net basic salary.

Such advances shall be repaid by monthly deductions
3.
from staff members'
repayment must be
emoluments;
completed within ten months of the end of the month in
which the advance was granted.

CHAPTER IV

TRAVEL COSTS

Article 16

Installation and departure

Staff members shall be entitled to reimbursement of
1.
travel costs for the journey from their previous place of duty to
the location of
themselves and
in respect of
members of their family living with them.

the Centre,

The same entitlement shall apply when staff members
2.
leave the service of the Centre and return to the country where
they were in post before joining the Centre.

Reimbursement shall be made in accordance with the

3.
provisions of Annex VI, Section I of these Regulations.

Article 17

Removal expenses

1.
Staff members shall be entitled to reimbursement of the
costs of removal from their previous place of duty to the
location of the Centre.

The same entitlement shall apply when staff members leave the
service of the Centre and return to the country where they
were in post before joining the Centre.

2.
Reimbursement of costs shall cover removal of staff
members' personal household effects, excluding motor cars,
boats or other forms of transport, up to the limits, in weight
and volume, set out in Annex VI.

Reimbursement shall be made directly by the Centre, on
production of the bill by the removal firm.

Article 18

Travel on duty

Members of the staff of the Centre shall be entitled to reim-
bursement of expenses incurred in connection with travel on
official duty ordered by the Director (1).

Reimbursement shall concern travel costs proper plus accom-
modation and associated costs in the places to which staff
members are sent. The conditions, rates and other details of
reimbursement are set out in Annex VII.

CHAPTER V

INTERNAL ORGANISATION

Article 19

Hours of work

(a) The normal working hours for staff members shall be 40
hours per week, to be completed in accordance with a
general schedule set by the Director.

(b) Flexible working hours may be agreed by the Director in
accordance with staff members' personal circumstances or
the constraints of their particular work.

(c) Overtime. Overtime worked by staff members outside the
normal working hours specified in (a) shall entitle them to
time off in lieu or overtime pay. However, only overtime
worked with the prior agreement of the relevant head of
division/department shall be regarded as overtime. Every
effort shall be made to keep overtime to a minimum.

Overtime worked shall entitle the staff concerned:

(i) to time off in lieu; or

(ii) where such time off cannot be granted owing to the
requirements of the service, to overtime pay calculated
at the rate of 133 % of basic salary.

(1) Such reimbursement is representative of expenses, and should not

be seen as additional remuneration.

L 39/54

EN

Official Journal of the European Communities

9.2.2002

(d) Night work

Hours worked between 20.30 and 7.00 shall be paid at
night work rates; however,
if such hours are worked
without a break following a day's work, they shall not be
regarded as night work unless they extend into the above-
mentioned period by more than 1½ hours.

Hours of night work not exceeding the number set out in
(a) shall give entitlement to additional remuneration at the
rate of 50 % of basic salary.

Overtime worked at night shall be paid at the rate of 150 %
of overtime worked by day.

(e) If exceptional circumstances, decided at the discretion of
the Director, so require, some staff members may be
required to work at a weekend. In such cases, the hours
worked shall give an entitlement to equivalent time off, in
agreement with the Head of Administration and Personnel.

(f) Overtime or night work by officials in grades A4, L4 and
to compensation or remu-

above shall carry no right
neration.

Article 20

Public holidays

The list of public holidays shall be drawn up by the Director on
the basis of the official list of public holidays published in the
Boletin Oficial del Estado (BOE).

These public holidays
members' annual

leave entitlement.

shall not be deducted from staff

If one of these days falls on a Saturday or Sunday, the Director
may designate another day in lieu.

Article 21

Leave

1.

Annual

leave

(a) Entitlement

Staff members shall be entitled to paid annual leave at the
rate of 2,5 working days for each month of service
completed. This entitlement shall apply each calendar year.

Staff members recruited between 1 April and 30 July shall
leave from their
be entitled to an advance of 15 days'
annual entitlement if the leave is to be taken after the latter
date.

If on 31 December a staff member has, owing to the
exigencies of his work, an unexpended period of leave due,
the Director or his delegate may authorise the carrying
forward of all or part of the unexpended leave to the
following year. Any entitlement carried forward but not
taken by 31 March shall be cancelled.

(b) Administrative procedure

A record of leave taken is kept by the Centre's adminis-
trative section.

The procedure to be followed shall be set out in an internal
memorandum signed by the Director.

(c) Leave unexpended on departure of staff members

Leave unexpended at the time staff members depart from
if the Director
the Centre shall be cancelled. However,
certifies in writing that, owing to the exigencies of work, it
was impossible for a staff member to take all his leave, the
staff member shall be entitled to a payment of one thirtieth
of his monthly net basic salary for each day of leave so
accumulated.

2.

Unpaid leave

If requested by a staff member, the Director may grant addi-
tional, unpaid leave up to a limit of 15 consecutive days.

This does not affect either seniority or pension rights.

However, the full deductions in respect of pensions and social
welfare will be made as if the staff member had been paid
normally for the period of unpaid leave.

3.

Sick leave, maternity leave and other special

leave

Special leave shall be granted, in addition to annual leave, for
illness, maternity or exceptional circumstances.

Details and the procedures to be followed are given in Annex
VIII.

Article 22

Home leave

(a) Staff members who are entitled to expatriation allowance
shall be eligible for home leave, except for those staff
members who, when appointed, held solely the nationality
of the country of employment.

1. Home leave shall amount to eight working days every
two years, plus travelling time calculated on the basis of
the fastest method of transport.

2. Home leave may be taken six months before the end of
the period to which it relates. If it is not taken within six
months after the end of the period to which it relates, it
shall be cancelled with respect to that two-year period.
The date on which home leave is actually taken, for any
given two-year period, shall not affect the date on which
the next home leave is to be taken.

3. Where a husband and wife are both employed by the
Centre and where both are entitled to home leave, it
shall be granted in accordance with the following condi-
tions:

Staff members wishing to take leave within their entitle-
ment as defined in (a), must obtain the prior authorisation
of the Director.

(i) where both have their home in the same country,
each shall be entitled to home leave in that country
every two years;

9.2.2002

EN

Official Journal of the European Communities

L 39/55

(ii) where their homes are in two different countries,
each shall be entitled to home leave in his or her
respective country every two years;

(iii) the couple's dependant children and, if appropriate,
the person accompanying those children, shall be
entitled to only one period of home leave every two
years; where the parents have their homes in two
different countries, the home leave may be taken in
either of those countries.

CHAPTER VI

REPORTS AND PROMOTION

Article 23

General provisions

(b) Staff members who take home leave shall be entitled, in
accordance with the procedures laid down in Article 18, to
payment of the return travel expenses for themselves, their
children and,
if they receive a household allowance, for
their spouses, but not to a daily allowance for the travelling
time.

1.
The work of all staff members, apart from the Director,
shall be evaluated once a year, at the latest by 15 December.

Reports shall comment on the relative proficiency of staff
members and shall provide the opportunity to congratulate
staff members or, on the contrary, warn them of shortcomings
with a view to an improvement in their service.

(c) Staff members who do not take their home leave shall have

no entitlement to compensation.

2.

Reports shall concern the following criteria:

(d) Home leave shall be granted on the following conditions:

(i) the person concerned must undertake in writing to
spend the home leave in the country of his official
home;

(ii) the person concerned must undertake in writing not to
resign from the Centre in the six months following the
end of the period to which the entitlement to home
leave relates (regardless of the date on which that leave
is actually taken);

(iii) the head of division/department must certify that he
will in all probability require the services of the staff
member during the period referred to in point (ii).

Failure to comply with point (i) will result in the staff member
concerned being obliged to reimburse to the Satellite Centre all
the payments received in connection with the home leave and
may also result in the staff member's unexpended leave being
reduced by the number of days home leave granted. The
Director may decide to derogate from the provisions in point
(ii) and point (iii) if he considers that their strict application
would expose the staff member concerned to an injustice or to
particular difficulties.

Article 22a

Special leave

(a) Staff members recalled to serve in the armed forces for a
period of training shall be entitled to special paid leave of a
maximum of two weeks a year or four weeks every two
years. Periods of recall which extend beyond these limits
shall be deducted from staff members' annual

leave.

(b) If staff members receive financial compensation from the
national authority which recalled them, the amount of such
compensation shall be deducted from their salary.

(a) diligence and punctuality,

(b) quality and speed of execution of work,

(c) initiative,

(d) propriety and human relations.

The entire evaluation shall be summarised on an annual report
form kept in the staff member's personal file.

Article 24

Procedure

1.
The Director shall designate the staff members respon-
sible for reporting on personnel wholly or partly subordinate
to them.

2. When all reports have been written, the Director shall
convene a Promotions Board, chaired by himself, which will
include all staff members who have written one or more
reports. The Head of Administration and Personnel shall attend
all meetings of the Promotions Board, and shall have a right to
vote regarding his own subordinates and a consultative role
regarding others.

3.
On the basis of the advice of the Head of Administration,
the Director shall make a definitive evaluation of each staff
member and have reports written that shall be signed by all
members of the Promotions Board.

4.
Each staff member shall be interviewed personally by the
Director, or his delegate if necessary, normally during a session
of the Promotions Board. He shall be notified of his annual
evaluation, and shall sign the report form, thus testifying that
he has been informed of it.

An annual

5.
is an administrative measure for
internal use, against which there can be no appeal to any
external body.

report

L 39/56

EN

Official Journal of the European Communities

9.2.2002

Article 25

Follow-up action on reports

his functions pending investigation, with or without pay at the
discretion of the Director.

1.
An exceptionally good report may justify exceptional
promotion to a higher step or even grade, provided that the
budgeted post allows such promotion, or the award of a finan-
cial bonus. The maximum amount of the bonus which may be
awarded shall be fixed by the Director at the beginning of each
calendar year.

Two successive adverse reports shall justify keeping the

2.
staff member at his present step for an additional year.

Two or more adverse reports may justify non-renewal of

3.
contracts.

CHAPTER VII

DISCIPLINARY MEASURES

Article 26

Definitions

Any failure by a staff member or former staff member to
1.
comply with his obligations under
the Staff Regulations,
whether intentionally or through negligence on his part, shall
make him liable to simple, financial or statutory disciplinary
action, notwithstanding the compensation he may be required
to make by virtue of Article 2(4) and Article 27 of these
Regulations.

(a) Simple disciplinary measures shall

include:

— verbal warning;

— written censure.

(b) Financial measures shall

include:

— withholding of an annual salary increment.

(c) Statutory measures shall

include:

— temporary suspension from duties entailing the with-

holding of emoluments in whole or in part;

— removal from post, involving termination of contract,
possibly accompanied by total or partial forfeiture of
loss-of-job indemnity, and possibly accompanied by
reduction or temporary suspension of benefits under
the pension scheme.

Disciplinary measures shall be decided by the Director; simple
disciplinary measures may be decided by the Head of Adminis-
tration and Personnel, acting on behalf of the Director, except
where a meeting of the Disciplinary Board is convened (1).

2.
If a charge of serious misconduct is made against a staff
member, and the Director considers that the charge is prima
facie well founded, and that the staff member's continuance in
office pending an investigation would prejudice the Centre, the
staff member concerned may be immediately suspended from

(1) In this case,
himself.

the disciplinary measure is decided by the Director

Article 27

Compensation for damage

Staff members may be required to pay compensation, either in
part or in full, for any damage sustained by the Centre through
their gross negligence or wilful act. Where the staff member
has left the Centre, this compensation may be obtained by
withholding a percentage of the benefits due under the pension
scheme, up to 70 % of the pension.

Article 28

Notification of complaints

When a proposal is made that a disciplinary measure under
Article 26 be taken against any staff member, he shall be
notified in writing within two clear days after the request for
disciplinary action has been lodged with the Director or the
Head of Administration and Personnel. Such notification shall
be accompanied by the documents relating to the ground of
the complaint against him, together with all reports written on
him.

Article 29

Disciplinary Board

Within five working days of his being notified as provided by
Article 28, the staff member concerned may make a request in
writing that his case be examined by a Disciplinary Board,
which shall be convened by the Director within five days. The
Disciplinary Board shall meet during the week following the
date of issue of the convocation.

The composition and procedures of the Disciplinary Board are
given in Annex IX.

The opinion of the Disciplinary Board shall not be binding
upon the Director.

CHAPTER VIII

APPEALS AND APPEALS BOARD

Article 30

Appeals

Serving or former staff members, or their heirs and assigns,
may appeal against decisions made by the Director. Such
appeals, or procedures arising from them, shall not stay the
execution of the decisions being complained of.

1.

Internal administrative appeals

An internal administrative appeal
is a procedure whereby a
staff member who considers that he has suffered an infringe-
ment of his rights as laid down in these Regulations submits a
reasoned request to the Director of the Centre to reverse the
decision that he considers has infringed those rights.

9.2.2002

EN

Official Journal of the European Communities

L 39/57

The Director shall acknowledge this appeal and reply within
five clear days of receipt of the request.

In the event of a negative reply, the staff member may request
mediation. Such mediation is not obligatory.

2. Mediation

The mediator shall be a qualified,
independent legal expert
appointed by the Director for a renewable period of three
years.

He shall be provided by the Director and the staff member
concerned with all documents he considers necessary for an
examination of the case.

He shall submit his conclusions within 15 days of the date on
which he has been apprised of the case.

These conclusions shall not be binding on either the Director
or the staff member.

The costs of mediation shall be borne by the Centre if the
conclusions are refuted by the Director; 50 % of the costs shall
be borne by the staff member if it is he who refuses to accept
the findings.

3.

Contentious appeals

Having exhausted the possibilities of the first resort (an internal
administrative appeal), staff members shall be at liberty to seek
a settlement before the Centre's Appeals Board.

The composition, operation and specific procedures of that
body are given in Annex X.

4.

Decisions of the Appeals Board

Decisions of
parties. There shall be no appeal from them.

the Appeals Board shall be binding on both

(a) The Board may
complained of.

annul, or

confirm,

the decisions

(b) The Board may incidentally order the Centre to compensate
any material damage sustained by the staff member starting
from the day the annulled decision began to have effect.

(c) It may further rule that the Centre shall reimburse, within
limits to be fixed by the Board, justified expenses incurred
by the claimant, as well as expenses relating to transport
and subsistence incurred by witnesses who have been
heard. These expenses shall be calculated on the basis of
Article 18 and Annex VII of these Regulations.

CHAPTER IX

PENSION SCHEME

All of the relevant rules and conditions are contained in the Centre's
Pension Scheme Rules, in accordance with the pension scheme of the
Coordinated Organisations.

The Pension Scheme Rules are an integral part of the Staff Regula-
tions of the Centre. Articles 31 to 36 below are only a summary of
the main provisions of the Pension Scheme Rules, the full text of
which prevails.

Article 31

Leaving allowance

A staff member

leaving the Centre before having
1.
completed 10 years' service (1) shall be entitled to a leaving
allowance (as provided for in the Pension Scheme Rules).

2.

The allowance shall be made up of two components:

— an amount equal to one month and a half of his last net
basic salary multiplied by the number of years (or part
years) of service;

— the aggregate amount deducted from his monthly salary in
respect of pension contributions, together with compound
interest at the rate of 4 % per annum.

Article 32

Retirement pension

Staff members having completed 10 or more years actual
1.
the Centre (2) shall be entitled to a retirement
service at
pension. After the ten-year point, staff members shall be enti-
tled to exercise their right to an immediate or deferred pension
at any time.

2.
The amount of the pension shall be proportional to the
number of years' reckonable service. It shall be paid monthly to
staff members in the form of an annuity.

3.
Barring any exceptional decision taken by the Director,
staff members shall automatically receive a pension once they
reach the age of 65 if they have served at least 10 years.

Article 33

Invalidity pension

1.
In accordance with Article 6(4) of these Regulations, a
staff member who is recognised to be suffering from perma-
nent invalidity that totally prevents him from performing the
duties attached to his employment, shall be entitled to an
invalidity pension.

The amount of the invalidity pension shall be equal to the
2.
retirement pension to which the staff member would have been
entitled at the age limit laid down in these Regulations if he
had continued to serve until that age and without the need for
a minimum of 10 years' service under Article 32(1). It shall be
payable to the staff member monthly in the form of an annuity
beginning on the 1st of the month following the date on which
the invalidity is officially recognised.

(1) Years of previous reckonable service in another Coordinated Organi-
sation shall be taken into account when calculating this entitlement,
provided that the staff member did not receive this allowance in his
previous post.

(2) Years of previous reckonable service in another Coordinated Organi-
sation shall be taken into account when calculating this entitlement,
provided that the staff member joined the Centre not more than six
months after having left his post in the other organisation.

L 39/58

EN

Official Journal of the European Communities

9.2.2002

Article 34

Survivor's pension

1. Where a staff member still serving or entitled to an
invalidity or immediate or deferred retirement pension dies, the
surviving spouse shall be entitled to a survivor's pension.

2.
This pension shall be payable monthly to the surviving
widow or widower in the form of an annuity beginning on the
1st of the month following the date on which the serving staff
member died (1).

3.
Entitlement to a survivor's pension shall cease at the end
of the month during which the survivor's death occurs or
during which the latter ceases to satisfy the conditions for
entitlement to the pension.

Article 35

Orphan's or dependant's pension

1. Where a staff member still serving or entitled to an
invalidity or an immediate or deferred retirement pension dies,
his children or other dependants shall be entitled to a pension
under the terms laid down in the Pension Scheme Rules.

‘Children or other dependants’ shall mean persons satis-
2.
fying the conditions specified in Annex IV to the Staff Regula-

tions. Children born not more than 300 days after the death of
the staff member shall also be entitled to the pension.

3.
Entitlement to the pension shall cease at the end of the
month during which the child or other dependant ceases to
satisfy the conditions for entitlement to the allowance for a
child or dependant.

Article 36

Provisional pensions

1. Where a serving staff member or former staff member in
receipt of a retirement or invalidity pension, has been missing
for more than a year in circumstances justifying a presumption
of death, the spouse or persons recognised as dependants may
provisionally be awarded a survivor's pension, or orphan's
pension, as appropriate.

2.
The provisions of paragraph 1 shall apply to persons
recognised as dependants of a widowed spouse in receipt of a
survivor's pension who has been missing for more than one
year.

3.
Provisional pensions under paragraphs 1 and 2 shall be
converted into definitive pensions when the death of the staff
member or spouse has been established officially or when that
person has been declared missing by a final court decision.

TITLE III

PROVISIONS APPLICABLE TO TEMPORARY STAFF

Article 37

— Chapter V: Articles 19 (hours of work) and 20 (public

Statutory provisions

Temporary staff are auxiliary personnel recruited in principle for short
periods. They do not have the status of international staff, and are
entirely subject to the laws and regulations of the host State and the
State of which they are nationals.

Temporary staff are employees who do not occupy budg-

1.
eted posts defined in the Centre's establishment table.

These employees shall be subject to the provisions of

2.
Title I and the following provisions of Title II:

— Chapter I: Article 3(2) (assistance and compensation), (4)
(external activities) and (5) (candidacy for public or political
office)

— Chapter II: Articles 5 (age limit for employment) and 6

(medical examinations)

— Chapter III: Article 15 (salary advances)

— Chapter IV: Articles 17 (removal expenses) and 18 (travel

on duty)

(1) Or beginning on the date that payment of a salary to the deceased

staff member ceased.

holidays)

— Chapter VII: Article 27 (compensation for damage)

— Chapter VIII: (appeals) — subject to Article 40(3)

Article 38

Contracts

Temporary staff shall be engaged for a period of 1 to 6
months. Contracts shall be renewable under the same condi-
tions. The Centre and the temporary staff member may termi-
nate contracts by giving 10 clear days' notice.

Article 39

Remuneration

The remuneration of

temporary staff shall be fixed
1.
it shall be made up of a net monthly salary
contractually;
excluding any additional allowances, whatever the family or
social situation of the person concerned.

As temporary staff do not benefit

2.
scheme, no deduction shall be made in respect of it.

from the pension

9.2.2002

EN

Official Journal of the European Communities

L 39/59

At the beginning of the year the remuneration of tempo-
3.
rary staff shall be increased by the same percentage as that
granted to staff members by the Board.

Article 40

Special provisions

1.

Installation and departure expenses

2.

Leave

Temporary staff shall be entitled to one and a half days' leave
per month served.

3.

Disputes

Internal disputes concerning the rights and remuneration of
temporary staff shall be dealt with under the appeals proced-
ures described in Article 30 of these Regulations.

Temporary staff may not claim reimbursement of installation
or departure expenses for their families.

All other disputes shall come within the jurisdiction of the
ordinary courts of the host State.

TITLE IV

PROVISIONS APPLICABLE TO EXPERTS AND SECONDED EXPERTS

Article 41

Statutory and financial provisions

sions of the Annex to the Council Joint Action on the estab-
lishment of a European Union Satellite Centre.

1.
Experts and seconded experts shall have the status of
visitors to the Centre. They shall be subject to the provisions of
Title I of these Regulations, with which they shall acquaint
themselves on appointment.

2.
Their overall remuneration shall be fixed from the begin-
ning of their activities at the Centre; it shall be paid in succes-
sive portions, as defined by the Director, in accordance with
the results of the work for which they have been engaged or
accepted.

3.
Appointed experts shall be entitled to reimbursement of
travel expenses for themselves only when they arrive at the
Centre and when they leave it. Exceptionally, and as decided by
the Director, this reimbursement may be paid to a trainee.

4.
Seconded experts from third States shall have the status
of visitors to the Centre. They shall be subject to the provisions
of Title I of these Regulations, with which they shall acquaint
themselves on appointment, without prejudice to the provi-

Article 42

Representation of staff

(a) A general meeting of all members of

the staff, held
annually, shall, in accordance with a procedure approved
by the Director, elect a Staff Committee to act as the staff's
executive body.

(b) The Staff Committee shall:

1. defend the professional interests of all staff of the Satel-

lite Centre;

2. make proposals for improving the well-being of the

staff;

3. make suggestions regarding social, cultural and sporting

activities for the staff;

4. represent all staff members vis-à-vis staff associations of

other international organisations.

L 39/60

EN

Official Journal of the European Communities

9.2.2002

ANNEX I

INDEMNITY FOR LOSS OF JOB

References:

(a) Article 7 of the Staff Regulations.

(b) Annex V to the 78th Report of the Coordinating Committee of Government Budget Experts, August

1972.

1. Circumstances in which the indemnity is awarded

An indemnity for loss of job (1) may be awarded to a staff member whose contract is terminated for one of the
following reasons:

(a) suppression of the budgeted post;

(b) changes in the duties of the budgeted post occupied by the staff member of such a nature that he no longer

possesses the required qualifications;

(c)

the withdrawal from the Board of the Member State of which the staff member is a national;

(d) the transfer of the headquarters of the Centre, by a distance of over 100 km, from the location where the staff
member was engaged, and the refusal of the staff member to be transferred since such an eventuality was not
foreseen in his contract;

(e)

the withdrawal of security clearance (2) from the staff member for reasons other than disciplinary ones.

The indemnity shall not be due if:

(f)

the staff member has obtained another post at the same grade at the Centre;

(g) the staff member has obtained a new appointment in another international organisation in the same locality;

(h) the staff member, as a public employee of a Member State, has obtained re-integration and remuneration in his

national administration within 30 days following the termination of his contract by the Centre;

(i)

the staff member's contract has been terminated as a result of a disciplinary procedure.

2. Payment of the indemnity to staff members having served less than 10 years at the Centre (3)

Provided that their current contract has not come to an end, such staff members shall be entitled to an indemnity
amounting to 50 % of their net monthly remuneration multiplied by the number of months (4) remaining up to the
expiry of the term of their contract, up to a maximum of 5 months' remuneration. Net remuneration shall be taken to
mean basic salary plus all additional allowances and indemnities paid monthly.

3. Payment of the indemnity to staff members having served more than 10 years at the Centre (3)

Such staff members shall be entitled to an indemnity equal to 100 % of their net monthly remuneration per year of
service at the Centre, up to a maximum of 24 months.

The amount of the indemnity shall not represent a number of months (4) which exceeds the period that the staff
member would have to serve before reaching the age limit specified in Article 5 of these Regulations.

(1) As distinct from leaving allowance, which represents merely the settlement of pension rights.
(2) Only in cases where the post occupied requires such clearance.
(3) Or 10 years accumulated uninterrupted service at the Centre and another international organisation.
(4) Or fractions of months, expressed in thirtieths.

9.2.2002

EN

Official Journal of the European Communities

L 39/61

ANNEX II

EXPATRIATION ALLOWANCE

1. Staff members so entitled under Article 10 of the Staff Regulations shall receive a monthly expatriation allowance. The

amount of the allowance shall be:

(a) for staff members entitled to household allowance:

— 18 % of the reference salary during the first ten years' service;
— 17 % of the reference salary during the eleventh year of service;
— 16 % of the reference salary during the twelfth year of service;
— 15 % of the reference salary as from the fourteenth year of service;

(b) for staff members not entitled to household allowance:

— 14 % of the reference salary during the first ten years' service;
— 13 % of the reference salary during the eleventh year of service;
— 12 % of the reference salary during the twelfth year of service;
— 11 % of the reference salary as from the fourteenth year of service.

2. The reference salary shall be the net basic salary payable at step 1 of staff members' grades.

3. Expatriation allowance shall not be lower than the basic salary payable at grade B3 step 1.

ANNEX III

CHILDREN AND OTHER DEPENDANTS

1. Dependant children

(a) A legitimate, legally recognised natural or adopted child deemed to be a dependant of a staff member is a child
whose continuous maintenance and education are ensured by that staff member, and who lives continuously with
the family, in the same locality that the staff member is in post or in the locality where the other parent lives.

(b) The staff member concerned must submit to the administrative section copies of documents legally certifying that

the child is dependent on him for material support.

(c) A child shall not be considered a dependant of the staff member:

— when it attains the age of 26;
— when, before reaching that age,
— where the staff member or spouse caring for the child receives, under his or her national laws or regulations, or

income or fees in its own right;

it is in receipt of a salary,

those of the host country, an allowance of the same nature;

(d) The administrative section shall be entitled to demand that official or notarial documents that it deems necessary to

establish a right to the corresponding allowances be produced.

2. Other dependants

(a) A person other than a dependant child as defined in paragraph 1 may be considered a staff member's dependant

on the following conditions:
— he is a parent or other close relative by blood or marriage;
— he lives continuously with the staff member or his spouse, or is regularly admitted to an institution giving

specialist medical care;

— the person concerned does not have adequate resources of his own to support himself.

(b) The staff member concerned must provide the administrative section with valid evidence that the person is

dependent on him for material support.

(c) The administrative section shall be entitled to demand that official or notarial documents that it deems necessary to

establish a right to the associated allowances be produced.

L 39/62

EN

Official Journal of the European Communities

9.2.2002

ANNEX IV

HANDICAPPED DEPENDANTS

1. A dependant is deemed to be handicapped if it is established by medical evidence that he is suffering from a serious
and permanent disability necessitating either special care or supervision not provided free of charge, or special
education or training.

2. The decision to pay the allowance shall be made by the Director after consulting a board which he shall constitute for
the purpose, and which shall include at least one medical practitioner. The Director's decision shall specify the period
for which the allowance is to be paid, subject to review.

3. The criterion for entitlement to the provisions of these Regulations shall be the serious and continuing impairment of

the physical or mental activities.

Dependant persons may thus be deemed to be handicapped where they suffer from:

— serious or chronic affection of the central or autonomic nervous system, however caused, such as diseases of the

brain, myopathy and autonomic paralysis;

— serious affection of the locomotor system;

— serious affection of one or more sensory systems;

— chronic and disabling mental

illness.

The above list shall not be deemed to be exhaustive. It is given by way of indication only, and shall not be taken as a
basis for assessing the degree of disability or incapacity.

4. The amount of the allowance shall be equal to the amount of the allowance for a dependant child, and shall be

additional thereto.

5. In the event that the staff member concerned or his household is entitled to a similar allowance under a national or
international scheme, the amount of the allowance payable by the Centre shall be the amount by which the rate
payable under these Regulations exceeds the amount payable under the national or international scheme.

ANNEX V

RENT ALLOWANCE

1. The amount of the allowance shall be a proportion of the difference between the actual rent paid, excluding all charges

mentioned in Article 11(5)(a), and a sum calculated as follows:

(a) 15 % of net basic salary for staff members of grades C and B, up to and including B.4;

(b) 20 % of net basic salary for staff members of grades B.5 and B.6;

(c) 22 % of net basic salary for staff members of grades A.1 and L.1.

2. The said proportion shall be:

(a) 50 % for single staff members and married staff members with no dependants;

(b) 55 % for staff members with one dependant;

(c) 60 % for staff members with two or more dependants.

3. The allowance shall not exceed:

(a) 10 % of net basic salary of the staff member concerned in the case of grades C to B.4 inclusive;

(b) 15 % of net basic salary in the case of grades B.5 and B.6, and A.1 and L.1.

Net basic salary shall be deemed to mean the actual basic salary as given in the annual scales agreed by the Board, but excluding any
other additions to or deductions from remuneration.

9.2.2002

EN

Official Journal of the European Communities

L 39/63

ANNEX VI

TRAVEL COSTS AND REMOVAL EXPENSES

SECTION I — Travel costs of staff members and their families between their place of residence and duty station

1. Staff members whose place of residence is more than 100 km from their duty station shall be entitled, subject to the

provisions of Article 22 of these Regulations, to reimbursement of the actual costs of travel:

(a) on taking up their appointment, for travel from their place of residence to their duty station;

(b) on transfer from the duty station where they were recruited to another duty station more than 100 km away;

(c) on leaving their appointment:

— either for travel from their duty station to their place of residence at the time they were recruited;

— or, for travel from their duty station to a place of residence other than that mentioned above, provided that the

expenditure to be reimbursed is not greater.

2. Reimbursement of the travel costs mentioned in paragraph 1 shall be totally or partially refused in the following cases:

(a) where entitlement has not been established at the time a staff member takes up his appointment;

(b) if all or part of the expenditure in question has been paid by a government or other body;

(c) where a staff member leaves his appointment, if the journey does not take place within a period of three months
starting from the date the staff member's duties cease, or if the application for reimbursement has not been
received by the administrative section within 30 days of the journey;

(d) when the staff member's duties cease, if the person concerned has resigned before completing twelve months'

service at the Centre.

3. Staff members who satisfy the conditions listed in paragraphs 1 and 2, and who receive household allowance, shall

also be entitled to:

(a) reimbursement of travel costs actually incurred by their spouse and dependant children when they join the staff

member at his duty station;

(b) reimbursement of travel costs actually incurred by their spouse and dependant children when they move from one
duty station to another duty station situated over 100 km away, if the duration of the transfer is unspecified but
exceeds two months;

(c) reimbursement of travel costs actually incurred by their spouse and dependant children when their duties cease,
except that the reimbursement may be refused if the staff member resigns before having completed twelve months'
service at the Centre.

4. Spouses and dependant children (1) shall be deemed to be of the same grade as the staff member concerned.

SECTION II — Removal expenses

1. Staff members whose place of residence is more than 100 km from their duty station shall be entitled to the
reimbursement of expenses actually incurred for the removal of their household effects on the following occasions:

(a) on taking up their appointment;

(b) on transfer of indefinite duration exceeding two months from one duty station to another duty station that is over

100 km away;

(c) when leaving the Centre, except that the reimbursement may be refused if the staff member resigns before having

completed twelve months' service at the Centre.

2. Reimbursement of expenses incurred for removal of household effects, including packing, shall be made up to the

following limits:

(a) For staff members entitled to household allowance:

6 000 kg

or 40 m3

Plus 750 kg or 5 m3 per child residing with the staff member.

(1) Or dependants in the sense given in the provisions of Annex IV.

L 39/64

EN

Official Journal of the European Communities

9.2.2002

(b) For staff members not entitled to household allowance:

4 000 kg

or 27 m3

To claim expenses under the provisions of this Section, staff members must submit to the Head of Administration and
Personnel, for prior approval, at least two estimates of removal expenses, from different companies, together with an
inventory of their household effects (1). Reimbursement shall be made only within the limits of the entitlement and on
the basis of the lower estimate.

3. Staff members may only claim reimbursement under this Section if the expenditure in question is not reimbursable by

a government or other authority.

(1) The two estimates must refer to the same weight (or volume), transported over the same distance.

9.2.2002

EN

Official Journal of the European Communities

L 39/65

ANNEX VII

OFFICIAL DUTY EXPENSES

Staff members travelling on official Centre duty shall be entitled to reimbursement of all of their travel costs and to a daily allowance
to cover subsistence when away from their place of duty in accordance with the provisions of Article 18 of these Regulations.

Section I — Means of transport

Travel by staff members on duty shall be performed by the most economic means available, subject to the derogations
provided for in this Section (1).

Air and rail travel are considered to be the normal means of transport. The Director may, however, authorise staff
members on official duty to use a private or official car, in particular when a doctor certifies that they cannot travel by air
for medical reasons, and that travel by rail

is either not possible, too long or too expensive.

If a staff member travelling on official duty chooses, and is authorised, to travel by means other than the most economic
available, the following rules shall apply:

— he shall be entitled only to reimbursement of the cost of the journey by the most economic means of transport;

— he shall be entitled to subsistence allowance only for the length of time he would have taken had his journey been

made by the most economic means available;

— working time taken by him in consequence of such travel in excess of the time which would have been taken had he

travelled by the most economic means available will count against his annual

leave entitlement.

1. A i r

t r a v e l

Except where authorised by the Director, all travel shall be in ‘economy’ class or the equivalent.

2. R a i l

t r a v e l

(a) Grades A4 and L4 and above shall be entitled to first class travel;

(b) all other staff shall travel second class;

(c) for journeys by rail involving night travel of a minimum duration of six hours, staff members shall be entitled to
reimbursement of the costs of sleeping berths, but not of sleeping compartments; if the latter are used, staff
members shall be entitled to reimbursement of the costs of 1st or 2nd class sleeping berths, depending on their
grade;

(d) the Director may authorise staff members of lower grades to travel with staff members of higher grades where this

facilitates the transaction of official business;

in such cases reimbursement shall be at the higher rate.

3. R o a d j o u r n e y s — u s e o f p r i v a t e c a r s

(a) Staff members may be authorised to travel by private car in the interests of the Centre. In such cases, they shall be
entitled to an allowance per kilometre calculated on the basis of the quickest usual route. The allowance shall be
calculated on the basis of the rate applying in the country where the Centre is located, irrespective of the country
or countries where the travel takes place. The rates in use shall be promulgated in an administrative memor-
andum (2).

(b) If the staff member concerned has been authorised to carry other members of the Centre, he shall be paid an
additional allowance per kilometre equal to 10 % of the rate of the kilometric allowance for each passenger (3); if
the route followed involves special charges (such as tolls, or transport of the car by ship or car ferry), such charges
shall be reimbursed on production of supporting vouchers, except for any costs of air travel.

(c) Staff members using their own cars must show beforehand that they hold an insurance policy covering third party

risks and risks to passengers in particular.

(d) In the event of an accident, the Centre will not refund the cost of any damage to property.

(1) These provisions may be extended to temporary staff, as decided by the Director.
(2) The total sum paid may not exceed the amount that the Centre would otherwise have had to disburse.
‘passengers’ shall not be entitled to any reimbursement of travel costs.
(3) In such cases,

L 39/66

EN

Official Journal of the European Communities

9.2.2002

Section II — Subsistence allowance for staff members travelling on official duty

1. Staff members travelling on official duty shall be entitled to subsistence allowance at the rates decided each year by the

Board.

However, the Director may authorise:

(a) special rates for countries where the cost of living is higher or lower than the normal rates;

(b) the payment of subsistence allowance at a higher rate than that to which staff members would normally be

entitled if this will facilitate the transaction of official business;

(c) the payment of an allowance if sick leave has to be granted during the mission, except where the mission is being

carried out in the place where the staff member lives.

2. Subsistence allowance shall be calculated as follows:

(a) staff members shall be entitled to one day's subsistence allowance for each complete 24-hour period of duty (1);

(b) no subsistence allowance shall be payable for periods of less than 4 hours;

(c) where the period of duty is 4 hours or more but less than 8 hours, the staff member shall be entitled to
one-quarter of the daily allowance. He shall likewise be entitled to one-quarter of the daily allowance in respect of
any period of 4 hours or more but less than 8 hours in excess of any complete period of 24 hours;

(d) where the period of duty is 8 hours or more without hotel accommodation, the staff member shall be entitled to
one-half of the daily allowance. He shall likewise be entitled to one-half of the daily allowance in respect of any
period of 8 hours or more but less than 24 hours in excess of any complete period of 24 hours;

(e) where the mission necessarily involves hotel accommodation, the staff member concerned may be paid the full

daily allowance;

(f) a notional period shall be added to the actual journey time for the purpose of calculating subsistence allowance to

allow for travelling time to the main station or airport. This period shall be as follows:

— 2 hours for train journeys;

— 3 hours for air travel.

3. R e d u c e d s u b s i s t e n c e a l l o w a n c e

The allowance shall be reduced:

(a) when the journey involves meals or overnight accommodation: by 15 % for each main meal and by 50 % for

overnight accommodation provided in the fare;

(b) by three-tenths if a staff member travels by night ferry, sleeping berth or compartment, by rail or air, for the

period covered by the travel;

(c) by three-tenths if a staff member travels on official duty to the town of his official home when his family is still in

residence there;

(d) by three-quarters when accommodation is provided by an external body.

4. A d d i t i o n s t o s u b s i s t e n c e a l l o w a n c e

The allowance shall be deemed to cover all the expenses liable to be incurred by a staff member travelling on duty,
except the expenses listed below, for which additional reimbursement may be claimed:

(a) visa fees and similar charges arising directly from travel on official duty;

(b) excess luggage charges authorised expressly by the Director;

(c) postal, telegraphic and long-distance telephone charges incurred for official purposes;

(d) hospitality expenses incurred by staff members in conformity with conditions laid down by the Director;

(e) taxi fares, provided the Director has given his prior approval and evidence of the expenditure is produced;

If in certain circumstances the expenditure on accommodation exceeds 60 % of the daily subsistence allowance, the
Centre may reimburse the excess amount partially or totally on presentation of vouchers and sufficient proof that
additional expenditure was unavoidable. This reimbursement may not exceed 30 % of the daily subsistence allowance.

(1) These periods are to be counted as from the date and time of departure from the Centre or the staff member's home up to the
date and time of return to the Centre or home. If the staff member is on leave before the beginning of the mission, the date and
time to be taken are those when the mission began, and if the staff member is on leave immediately after the end of the mission,
the date and time to be used are those when the mission ended.

9.2.2002

EN

Official Journal of the European Communities

L 39/67

ANNEX VIII

SICK LEAVE, MATERNITY LEAVE AND OTHER SPECIAL LEAVE

1. Absence for health reasons and sick leave

(a) Staff members absent owing to sickness or accident for more than three consecutive days shall be required to

produce a medical certificate within three days of ceasing work.

(b) Absences occasioned by sickness or accident that last no more than three days and for which no medical certificate
is provided may, if they exceed nine working days in any one calendar year, entail a corresponding reduction in the
annual leave due to the staff member concerned or a corresponding reduction in his emoluments if he has already
taken his annual

leave in full.

(c) Staff members absent owing to sickness or accident shall be entitled, on production of a medical certificate, to sick

leave with full pay and allowances for a maximum period of thirteen consecutive weeks.

(d) Continuous absence due to sickness or accident exceeding thirteen consecutive weeks may be regarded by the

Director as grounds for termination of contract.

(e) Frequent recurrence of short periods of illness may be regarded by the Director as grounds for termination of

contract.

(f) The Director of the Centre may at any time require the staff member concerned to undergo a medical examination.

2. Infectious diseases, vaccination and accidents

(a) Any staff member contracting an infectious disease must absent himself from duty and report the circumstances
immediately to the Head of Administration and Personnel. If an infectious disease is reported among the family or
intimate friends of a staff member, the latter must immediately inform the Head of Administration and Personnel
and conform to such health precautions as may be prescribed by that officer. All staff members who have been in
contact with a person who has contracted an infectious disease and are as a result obliged to absent themselves
from duty shall be entitled to all of their emoluments; such absence shall not be deducted from either their sick
leave or annual

leave entitlements.

(b) Staff members shall submit to any preventive vaccinations or inoculations that may be required.

(c) All accidents to staff members, whether incurred at work or outside the Centre, however trifling they may appear
at the time, must be reported immediately by the staff member to the Head of Administration and Personnel,
together with the names and addresses of any witnesses.

3. Special leave, marriage leave and maternity leave

(a) Special leave with full or part pay, not exceeding eight working days per year, or without pay, may be granted by

the Director of the Centre for exceptional or urgent private reasons.

(b) Special leave of six days with full pay shall be granted on the occasion of the marriage of a staff member.

(c) Maternity leave on full pay, and not to be charged against sick or annual leave, shall be granted to staff members
on production of an appropriate medical certificate. Maternity leave shall be for sixteen weeks, beginning six weeks
before the expected date of birth. If the birth occurs after the expected date, the leave shall be extended until the
expiry of ten weeks following the birth.

L 39/68

EN

Official Journal of the European Communities

9.2.2002

ANNEX IX

COMPOSITION AND PROCEDURES OF DISCIPLINARY BOARDS

1. Composition of the Disciplinary Board

The Disciplinary Board shall consist of:

(a) a grade A or L staff member nominated by the Director, other than the Head of Administration and Personnel or

the person to whom the staff member concerned is responsible, as Chairman;

(b) a staff member nominated by the Director;

(c) a staff member of the same grade as the staff member concerned and nominated by him;

(d) the Head of Administration and Personnel, acting as legal adviser, without the right to vote.

2. Procedure

(a) The Disciplinary Board shall take note of all the documents relevant to the consideration of the case. It shall, if he
so requests, hear the interested party. The interested party may have the assistance of, or be represented by, a staff
member. The Disciplinary Board shall also hear any person it deems advisable to summon.

(b) The Disciplinary Board shall act in private. Its members shall not divulge any information which may have come to

their knowledge during the proceedings, or any particulars of the proceedings.

(c) The Disciplinary Board shall give its reasoned opinion to the Director. That opinion shall include a recommenda-

tion as to whether a sanction is appropriate, and if so the severity of that sanction.

9.2.2002

EN

Official Journal of the European Communities

L 39/69

ANNEX X

APPEALS BOARD

A. Jurisdiction

The Appeals Board shall have authority to settle disputes arising out of violations of these Regulations or of the
contracts provided for in Article 7. To that end it shall have jurisdiction with regard to appeals brought by serving or
former staff members, or by their heirs and assigns, against a decision of the Director.

B. Composition and status

(a) The Appeals Board shall be composed of a Chairman and two members. They may be replaced by deputies. The

Chairman or one of the members and one of their deputies must have legal qualifications.

(b) The Chairman, his deputy, the members and their deputies shall be appointed by the Board of the Centre, for a
period of two years, from outside the staff of the Centre. If any of these is at any time unable to serve, a new
appointment shall be made for the unexpired term.

(c) No meeting of the Appeals Board is in order unless the Chairman, or his deputy, and two members, or their

deputies, are present.

(d) The members of the Board shall be fully independent in the exercise of their duties.

(e) The emoluments of the Chairman, members and deputies shall be fixed by the Board of the Centre.

(f) The Appeals Board shall establish its own rules subject to the provisions of this Annex.

C. Secretariat of the Board

(a) The Secretary of the Board shall be appointed by the Director and shall be a member of the staff of the Centre.

(b) In the exercise of his duties, the Secretary of the Board shall act as a registrar and shall be subject only to the

authority of the Board.

D. Appeals

(a) Appeals submitted to the Board shall only be admissible if the appellant has previously failed to obtain satisfaction

through an internal administrative appeal to the Director.

(b) The appellant shall have a period of twenty days from notification of the decision complained of or the date of
rejection of the mediator's findings in which to submit a written request that such decision be withdrawn or
modified by the Appeals Board. That request shall be addressed to the Centre's Head of Administration and
Personnel, who shall acknowledge receipt of it and initiate the procedure for convening the Board.

(c) Appeals must be lodged with the Secretariat of the Appeals Board within two months of the date of notification of
the decision complained of. Nevertheless, in exceptional cases, in particular where pensions are concerned, the
Appeals Board may admit appeals lodged within one year of the date of notification of the decision complained of.

(d) Appeals must be in writing; they must state all grounds of appeal put forward by the appellant and supporting

documentary evidence must be produced at the same time.

(e) Appeals shall not stay the execution of the decisions complained of.

E. Preliminary procedure

(a) Appeals shall be transmitted immediately to the Director, who must make his comments thereon in writing. A
copy of these comments shall, within one month from the date of lodging the appeal, be communicated to the
Secretary of the Board, and to the appellant, who within twenty days may make a reply in writing, a copy of
which shall be communicated immediately to the Director by the Secretary of the Board.

(b) Appeals, together with the memorandums and the documentary evidence in support, the comments of the
Director and the appellant's reply, if any, shall be communicated to the members of the Board by its Secretariat
within three months of the lodging of the appeal and at least fifteen days before the date of the meeting at which
they are to be considered.

F. Convening of the Board

The Appeals Board shall be convened by its Chairman. It shall in principle consider appeals submitted to it within four
months of the date on which they were lodged.

L 39/70

EN

Official Journal of the European Communities

9.2.2002

G. Meetings of the Board

(a) The meetings of the Appeals Board shall be held in private (unless the Board decides otherwise). The Board shall

deliberate in secret.

(b) The Director or his representative, together with the appellant, shall attend the proceedings and may make oral

statements in support of the grounds adduced in their memorandums.

(c) The Appeals Board may require the production of any document that it deems useful for the consideration of the
appeal before it. Documents so produced must also be communicated to the Director and the appellant.

(d) The Board shall hear the parties and such witnesses as it deems may usefully depose in the proceedings. Any staff
member called as a witness must appear before the Board and may not refuse to give the required information.

(e) Persons attending a meeting of the Board shall in no case divulge any facts coming to their notice or any opinions

expressed during the proceedings.

H. Decisions of the Board

(a) In exceptional circumstances, the Board may make an interim order staying the execution of the measure

complained of, pending a final decision in accordance with following paragraphs.

(b) Decisions shall be taken by majority vote. They must be rendered in writing and must state the grounds on which
they are based. There shall be no appeal from them, and they shall be enforceable for both parties within one clear
day of their notification.

(c) The Board may, however, be requested to rectify a clerical or accidental mistake in a decision rendered. Requests

for rectification must be submitted within six months of the date when the mistake was noted.