Report from the Commission to the Council on the application of Annex X to the Staff Regulations (Council Regulation No 3019/87 of 5 October 1987) Year 2002
Date: 2003-08-11
Institutions: European Commission
Subjects: Commission Delegation, European official, expatriate worker, labour mobility, regulations for civil servants, remuneration of work, third country, working conditions

EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 11.08.2003
COM(2003) 495 final

REPORT FROM THE COMMISSION TO THE COUNCIL

on the application of Annex X to the Staff Regulations
(Council Regulation No 3019/87 of 5 October 1987)
Year 2002

 
REPORT FROM THE COMMISSION TO THE COUNCIL

on the application of Annex X to the Staff Regulations
(Council Regulation No 3019/87 of 5 October 1987)
Year 2002

INTRODUCTION

In  accordance  with  Article  101a  of  the  Staff  Regulations,  Annex  X  determines,  without
prejudice  to  the  other  provisions  of  the  Staff  Regulations,  the  special  and  exceptional
provisions  applicable  to  officials  of  the  European  Communities  serving  in  non-member
countries.

Article 14 of Annex X requires the Commission to “submit an annual report to the Council on
the application of this Annex and in particular on the  fixing of the rate of the allowance for
living conditions as provided for in Article 10”.

Since 1 January 1988, the Commission has prepared twelve reports. They cover the following
periods:  October  1987-December  1988,  1989,  1990-1991,  1992,  1993,  1994,  1995,  1996,
1997-1998, 1999, 2000 and 2001.

Reflecting the wishes of the Council, further staff redeployment took place in 2002. 

CHAPTER 1: GENERAL PROVISIONS

ARTICLE 1: RECRUITMENT

Staffing levels of External Service officials, which stood at 734 posts on 31 December 2001
(including 22 posts provided by non-Relex Directorate-Generals, 1 post frozen as a result of
its secondment to the European Reconstruction Agency, and 5 “floaters”), were increased by
114  posts  as  part  of  the  devolution  exercise  and  by  9  posts  redeployed  from  headquarters,
bringing the total to 857 posts in July 2002. The 9 posts redeployed from headquarters were :

– 

– 

– 

– 

– 

4 regional financial controllers,

2  posts  for  the  Delegation  in  China  (supervision  of  Mongolia  dossier  and
reinforcement of political section),

1 Head of Office for Afghanistan,

1 trade post for Geneva and

1 A-grade post for the opening of a Trade and Economic Office in Taiwan.

2

On  31  December  2002,  724  posts  out  of  853  were  filled,  4  non-Relex  posts  (3  Financial
Control  and  1  OLAF)  having  been  abolished  or  returned  to  headquarters.  Furthermore,
account must be taken of the redeployment of 22 vacant posts during the year (see Article 2:
Mobility) and the difficulty of filling certain posts under the second phase of the devolution
exercise. On 31 December 2002, 64 officials had been recruited for devolution posts and 19
procedures were underway to fill vacant posts. 

There was no external recruitment in 2002. 

ARTICLE 2: MOBILITY

Rotation

The rotation arrangements for 2002 covered 175 officials on the list (178 in 2001), of whom:

– 

– 

– 

– 

76 moved between delegations

63 moved from a delegation to headquarters

15 terminated their service

21 remained in their posts

(47 in 2001)

(74 in 2001)

(17 in 2001)

(40 in 2001)

The principle of alternate postings in delegations and at headquarters resulted in :

– 

– 

63 moves from a delegation to headquarters

67 moves from headquarters to a delegation

(74 in 2001)

(79 in 2001)

In all, 221 officials moved under the 2002 rotation exercise (compared to 217 in 2001). 

Redeployment

22 posts  were reassigned  in  the  context  of  regionalising  and  reorganising  network  staff  and
opening new representations, of which:

– 

– 

– 

– 

– 

– 

– 

– 

3 management posts: Heads of Delegation: Malaysia and Singapore; Deputy Head of
Delegation: New York;

1 Chargé d’affaires ad interim post in Cuba;

2 posts for Delegations to international organisations (Vienna: political issues, New
York: monitoring of development issues);

5 operational A-grade posts: Gabon, Jamaica, Guyana, Mauritius and Burundi;

2 B-grade operational posts replaced by A-grade posts (Gabon and Swaziland);

2 posts for monitoring trade issues (Geneva) and political/trade issues (Venezuela);

5  Head  of  Administration  posts:  Afghanistan,  Malaysia,  Singapore,  Jordan  and
Tunisia (exchange of A grade for B grade between these two delegations);

2 posts of Secretary to Head of Delegation: Afghanistan and Algeria.

ARTICLE 3: RETRAINING

In 2002, 60 External Service officials posted back to one of the Relex DGs or departments at
headquarters under the rotation policy were the subject of retraining decisions.

3

CHAPTER 2: OBLIGATIONS

ARTICLE 4: CARRYING OUT DUTIES AT PLACE OF EMPLOYMENT

Nothing to report.

ARTICLE 5: ACCOMMODATION

In 2002 DG Relex continued its work on the accommodation standards applicable in non-EU
countries so that administrative responsibilities could be transferred to the Delegations. Some
of  the  standards  already  drafted  were  submitted  to  CCAM  (Advisory  Committee  on
Procurements and Contracts) for approval in 2002, but CCAM did not want to give an opinion
on the dossier because its mandate came to an end at the end of 2002.

The standards will therefore have to be submitted for approval to DG BUDG, which wishes to
receive at the same time all the revised standards for non-EU countries as well as a study of
the budgetary impact.

CHAPTER 3: WORKING CONDITIONS

ARTICLES 6, 7 AND 9: ANNUAL LEAVE

Further standardisation of these arrangements was achieved in 2001 with regard to :

– 

– 

– 

entitlement,  which  has  been  calculated  since  1998  on  the  basis  of  working  days
instead of calendar days.

and  requests  for  carryover  of  leave  from  one  year  to  the  next.  Officials  serving
abroad have continue to make an effort to use their entitlement and reduce excessive
carryover of leave, in line with the recommendation from headquarters.

The increased number of officials has had no observed effect on the number of cases
of leave of more than 35 days being carried over, which has remained stable.

4

The  table  below  shows  a  clear  fall  from  1994/95  to  2001/2002  in  carryovers  of  more  than
14 days and in particular of those between 36 and 70 days :

Year

Number of officials
concerned

1994/95
1999/2000
2000/2001
2001/2002

590
639
615
680

Carryovers of
between 14 and 35
days
180
171
208
397

Carryovers of
between 36 and 50
days
67
18
24
23

Carryovers of
between 51 and 70
days
25
8
8
19

ARTICLES 8 AND 9(2): EXCEPTIONAL GRANTING OF REST LEAVE

Under its regular annual exercise, the Commission decided on 14 February 2002 to grant rest
leave  for  the  year,  by  way  of  exception,  only  for  places  of  employment  where  living
conditions were considered “particularly difficult”, on the basis of the parameters used to fix
the living-conditions allowance each year, and for places declared to be in crisis.

Strict application of the  conditions set  out  in Article 8 of Annex X resulted in this decision
being  taken  for  28  places  of  employment  in  2002  (see  Annex  I),  as  in  2001.  For  places  in
crisis, entitlement is granted in proportion to the actual duration of the crisis.

5

CHAPTER 4: EMOLUMENTS
AND SOCIAL SECURITY BENEFITS

SECTION 1: EMOLUMENTS AND FAMILY ALLOWANCES

ARTICLE 10(1): ALLOWANCE FOR LIVING CONDITIONS

On 7 December 2001, the Commission fixed the living-conditions allowance rates for 2002 as
shown in the table in Annex II. (3 increases: Fiji from 20 to 25%, Pakistan from 25 to 35%
and  Zimbabwe  from  15  to  20%,  and  3  decreases:  Ethiopia,  Mozambique  and  Uganda  from
35 to 25%). 

ARTICLE 10(2): ADDITIONAL ALLOWANCE

Commission  Decisions  allocated  additional  allowances  in  2002  to  officials  in  the  following
posts:

Country

Date of effect:
Starting 

Crisis level or end

Afghanistan (Kabul)
Algeria (Algiers)

West Bank - Gaza
Strip (East
Jerusalem)
Colombia (Bogota)

Côte d’Ivoire
(Abidjan)
India (New Delhi)

Pakistan (Islamabad)

Sierra Leone
(Freetown)

Yugoslavia-  Pristina
(Task Force)

from 1.2.2002
from 4.11.1993
from 10.12.1993
from 1.5.2000
from 1.4.2002
from 12.4.2002
from 1.8.2002

from 5.9.2002

from 18.10.2002

from 3.6.2002
from 1.9.2002
from 19.9.2001
from 1.2.2002
from 30.5.2002
from 1.10.2002
from 27.5.1997
from 1.8.1998
from 24.12.1998
from 1.11.1999
from 7.5.2000
from 1.10.2000
from 1.7.1999

10%
5%
10%
5%
End
5%
End

5%

5%

5%
End
5%
End
5%
End
10%
5%
10%
5%
10%
5%
5%

Number of officials
concerned
8

3

4

5

6

10

4

3

20

ARTICLES 11 AND 12: ARRANGEMENTS FOR THE PAYMENT OF REMUNERATION

The  currency  in  which  officials’  remuneration  was  paid  in  2002  breaks  down  as  follows  in
percentage terms:

6

– 

– 

– 

73%  opted  to  have  their  salaries  paid  in  euros  under  Article  11  of  Annex  X  to  the
Staff Regulations;

21.5% requested  payment of  part of their  remuneration in local currency.  Of these,
45% asked for the maximum allowed by the internal directives relating to Article 12
of  Annex  X  (80%)  and  the  remainder  opted  for  percentages  varying  between  11%
and  78%.  In  2002,  a  90%  maximum  limit  continued  to  apply  in  Japan  under  the
second  paragraph  of  Article  1  of  the  internal  directives  relating  to  Article  12  of
Annex X to the Staff Regulations;

lastly,  under  the  second  paragraph  of  Article  12  of  Annex  X,  5.5%  requested
payment of part of their remuneration in a currency other than that of their place of
employment  (Russia,  Ukraine,  Georgia  and  Kazakhstan),  on  the  basis  of  the
necessary supporting documents.

ARTICLE 13: WEIGHTINGS

On 24 July 2002, the Council adopted Regulation No 1522/20021 laying down the weightings
applicable  to  the  remuneration  of  officials  of  the  European  Communities  serving  in  third
countries  from  1  January  2002,  and  on  15  January  2003,  Regulation  No  101/20032  laying
down the weightings applicable from 1 July 2002.

On  20  November  20023  the  Commission  approved  the  decision  adjusting  the  weightings
applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2002.

ARTICLE 15: EDUCATION ALLOWANCE

A  total  of  EUR  3  815  860  was  paid  in  education  allowances  in  the  year  2001/2002.  The
system of paying advances on education allowances to staff incurring particularly high costs
was retained. All the advances granted for the 2001/2002 school year were settled within the
prescribed deadlines.

As in previous years, the relatively high exchange rate for the yen prompted the Commission
to allow the maximum annual reimbursement to be exceeded for the 2001/2002 school year in
the case of officials serving in Japan whose children attended an international school there.

1

2

3

OJ L 229, 27.8.2002, p. 1.
OJ L 16, 22.1.2003, p. 1.
OJ L 321, 26.11.2002, p. 45.

7

                                                
The  combination  of  a  general  increase  in  education  costs  and  the  unfavourable  euro-dollar
exchange  rate  prompted  the  Commission  to  allow  the  maximum  reimbursement  to  be
exceeded in other places of employment too.

However,  these  authorisations  were  granted  on  an  exceptional  basis  and  only  for  children
following  a  course  of  education  at  the  place  of  employment  and  attending  an  international
school  offering  the  European  or  international  baccalaureate,  i.e.  the  Lycée  Français,  British
School, Deutsche Schule or American/International School.

As was the case last year, the purpose of enrolling a child at one of these schools should be to
ensure continuity in its schooling. In line with this principle of continuity in education, four
officials undergoing  retraining were  accordingly  also  allowed  to  exceed  the  maximum  limit
during the 2001/2002 school year.

The total amount paid over and above the maximum for the 2001/2002 school year (including
Japan) came to EUR 195 875.

ARTICLE 16: INSTALLATION AND RESETTLEMENT ALLOWANCES

During 2002 :

– 

– 

231  installation  allowances  were  paid  to  officials  newly  posted  to  delegations,
including 194 in euros to bank accounts in Belgium and 37 in the local currency of
the place of employment with the weighting applied; and

17  resettlement  allowances  to  officials  permanently  leaving  employment,  of  which
2 in  euros  to  bank  accounts  in  Belgium  and  15  in  the  currency  of  the  country  of
resettlement with the weighting applied.

The total amount paid was EUR 3 011 812.79, of which :

– 

– 

EUR 2 155 105.49 was for payments in Belgium and

EUR 856 707.30 for payments in local currency with the weighting applied.

8

SECTION 2: RULES RELATING TO REIMBURSEMENT OF
EXPENSES

ARTICLE 17: REIMBURSEMENT  OF  EXPENSES  INCURRED  IN  RESPECT  OF  REMOVAL  OF
FURNITURE AND ACTUAL INSTALLATION ALLOWANCES FOR OFFICIALS NOT IN
FURNISHED ACCOMMODATION PROVIDED BY THE INSTITUTION

This article was not used in 2002.

ARTICLE 18: TEMPORARY ACCOMMODATION

318 decisions authorising temporary accommodation were taken in 2002 (compared to 187 in
1998, 163 in 1999, 195 in 2000 and 184 in 2001).

ARTICLE 19: STAFF CARS/MILEAGE ALLOWANCE

The  rules  for  the  use  of  vehicles,  in  force  since  1996  and  revised  in  1998,  still  apply.  The
amount of the mileage allowance has not changed (EUR 0.26 per km and EUR 0.36 per km
for 4WDs).

ARTICLE 20: TRAVEL EXPENSES FOR REST LEAVE

Travel expenses for rest leave were reimbursed on the basis of the distance between the place
of employment and the place of leave determined by the Commission. Where the place of rest
leave was disregarded, reimbursement could be claimed up to the same amount. Expenditure
in 2002 amounted to EUR 494 129.

ARTICLE 21: REIMBURSEMENT  OF  THE  COST  OF  TRANSPORTING  PERSONAL  EFFECTS,

REMOVALS AND STORAGE

There were 358 removals in 2002 (266 in 1998, 237 in 1999, 278 in 2000 and 324 in 2001),
under  the  rules  for  the  removal  of  personal  effects  which  were  updated  in  1997  and
implemented at the beginning of 1998.

ARTICLE 23: REIMBURSEMENT  OF  RENT  WHERE  THE  OFFICIAL  IS  NOT  PROVIDED  WITH

ACCOMMODATION BY THE INSTITUTION

Article 23 currently applies in 15 cases (10 in 1999, 8 in 2000 and 7 in 2001). 

9

SECTION 3: SOCIAL SECURITY

ARTICLE 24(3): REPATRIATION IN THE EVENT OF A MEDICAL EMERGENCY OR AN EXTREME

MEDICAL EMERGENCY

In 2002, 24 medical repatriations were authorised by the Medical Service, of which 19 were
emergencies and 5 extreme emergencies. 9 of the 24 cases were settled in 2002 for a total of
EUR 34 314.16. 18 cases from 2001 were also settled in 2002 for a total of EUR 37 785.86.
The SOS Air Ambulance annual premium cost EUR 11 845 in 2002.

ARTICLE 25: ACCIDENT COVER FOR DEPENDANTS

There were two claims in 2002 under the accident cover for dependants.

CHAPTER 6: TRANSITIONAL PROVISIONS

ARTICLE 27: TRANSITIONAL PROVISIONS RELATING TO REMUNERATION

NB.: This article has been obsolete since October 1992.

10

ANNEX I

DETERMINATION OF ENTITLEMENT TO REST LEAVE
(Article 8 of Annex X)
Effective date: 1 January 2002

COUNTRY

Afghanistan
Albania
Algeria
Angola
Bangladesh
Burundi
Cambodia
Cameroon
Central African Republic
Comoros
Congo (Brazzaville)
Congo (Kinshasa)
Georgia
Guinea-Bissau
Guinea (Conakry)
Equatorial Guinea
Kazakhstan
Liberia
Mauritania
Niger
Nigeria (Abuja)
Pakistan
Papua New Guinea
Rwanda
Sierra Leone
Sudan
Chad
Togo

PLACE

Brussels (Belgium)
Rome (Italy)
Paris (France)
Windhoek (Namibia)
Phuket (Thailand)
Mombassa (Kenya)
Phuket (Thailand)
Libreville (Gabon)
Libreville (Gabon)
Antananarivo (Madagascar)
Libreville (Gabon)
Libreville (Gabon)
Vienna (Austria)
Dakar (Senegal)
Dakar (Senegal)
Libreville (Gabon)
Frankfurt (Germany)
Dakar (Senegal)
Casablanca (Morocco)
Libreville (Gabon)
Libreville (Gabon)
Brussels (Belgium)
Darwin (Australia)
Mombassa (Kenya)
Dakar (Senegal)
Mombassa (Kenya)
Dakar (Senegal)
Libreville (Gabon)

FREQUENCY
3 x 5 days
3 x 5 days
3 x 5 days
2 x 5 days
3 x 5 days
3 x 5 days
1 x 5 days
1 x 5 days
3 x 5 days
2 x 5 days
2 x 5 days
2 x 5 days
2 x 5 days
1 x 5 days
2 x 5 days
2 x 5 days
1 x 5 days
3 x 5 days
2 x 5 days
2 x 5 days
1 x 5 days
1 x 5 days
3 x 5 days
1 x 5 days
3 x 5 days
3 x 5 days
3 x 5 days
1 x 5 days

11

ANNEX II

PLACES OF POSTING
AND LIVING-CONDITIONS ALLOWANCE RATES
(Article 10 of Annex X)
Effective date: 1 January 2002

(Fiji and Zimbabwe on 1.1.2001, Singapore on 1.11.2001, Cambodia, Nepal and Paraguay on 1.12.2001)

20%

FYROM
BOLIVIA
BOSNIA AND
HERZEGOVINA
BULGARIA
SOUTH KOREA
GABON
LESOTHO
MEXICO
ROMANIA
SWAZILAND
THAILAND
VANUATU
YUGOSLAVIA
(Belgrade)

ZIMBABWE

15%

SOUTH AFRICA
BOTSWANA
CHILE
CHINA
(HONG KONG)
COSTA RICA
ISRAEL (TEL AVIV)
JAMAICA 
JAPAN (TOKYO)
JORDAN
LEBANON
NEW CALEDONIA
PARAGUAY
SENEGAL
SINGAPORE
SYRIA
TURKEY

0%

CANADA
CYPRUS
MALTA
NORWAY
SWITZERLAND
USA-NEW YORK
USA-
WASHINGTON

10%
NETHERLANDS
ANTILLES
ARGENTINA
AUSTRALIA
BARBADOS
BRAZIL
CROATIA
DOMINICAN
REPUBLIC
ESTONIA
HUNGARY
LATVIA
LITHUANIA
MOROCCO
MAURITIUS
NAMIBIA
POLAND
SLOVAKIA
SLOVENIA
CZECH REPUBLIC
TRINIDAD &
TOBAGO
TUNISIA
URUGUAY

35%

AFGHANISTAN
ALBANIA
ALGERIA
ANGOLA
BANGLADESH
BURKINA FASO
BURUNDI
CAMBODIA
CAMEROON
CENTRAL  AFRICAN
REPUBLIC
COMOROS
CONGO
(BRAZZAVILLE)
CONGO (KINSHASA)
DJIBOUTI
GEORGIA
GUINEA
GUINEA-BISSAU
EQUAT. GUINEA
GUYANA
HAITI
INDONESIA
KAZAKHSTAN
LIBERIA
MALI
MAURITANIA
NIGER
NIGERIA (ABUJA)
PAKISTAN
PAPUA NEW GUINEA
RWANDA
SÃO 
PRÍNCIPE
SIERRA LEONE
SUDAN
CHAD
TOGO

TOMÉ  AND

25%

BELIZE
BENIN
CAPE VERDE
CHINA (BEIJING)
WEST BANK/GAZA
STRIP
COLOMBIA
CÔTE D’IVOIRE
EGYPT
ERITREA
ETHIOPIA
FIJI
GAMBIA
GHANA
GUATEMALA
INDIA
JAPAN/NAKA
KENYA
MADAGASCAR
MALAWI
MOZAMBIQUE
NEPAL
NICARAGUA
UGANDA
PERU
PHILIPPINES
RUSSIA
SOLOMON ISLANDS
SRI LANKA
SURINAME
TANZANIA
TONGA
UKRAINE
VENEZUELA
VIETNAM
ZAMBIA

12