Amended proposal for a Council Regulation amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)
Date: 2003-11-18
Institutions: European Commission
Subjects: European official, regulations for civil servants, servant (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 18.11.2003
COM(2003) 721 final

2002/0100(CNS)

Amended proposal for a

COUNCIL REGULATION

amending the Staff Regulations of officials and the Conditions of Employment of other
servants of the European Communities

(presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)

EXPLANATORY MEMORANDUM

The White Paper of 5 April 2000 on reforming the Commission set in motion a far-reaching
programme to modernise the institution.

The programme sought to ensure that the quality of the European public administration would
be such as to enable it to continue to perform the tasks  conferred on it  by  the  Treaties with
maximum  efficiency  and  effectiveness  and  to  cope  with  the  forthcoming  challenges  of
globalisation and enlargement.

On 24 April 2002 the Commission accordingly adopted, and submitted to the Council and the
European  Parliament,  a  comprehensive  and  ambitious  proposal  for  an  amending  regulation
designed to overhaul the Staff Regulations of officials and the Conditions of Employment of
other servants of the European Communities.

This  proposal  for  a  regulation,  on  which  the  Commission  consulted  the  other  institutions
concerned  under  Article  283  of  the  EC  Treaty  and  which  incorporates  the  results  of
concertation  with  the  staff  representatives,  constitutes  one  of  the  Commission's  principal
initiatives aimed at modernising the European civil service as a whole.

On  5  December  2002  the  Court  of  Auditors  delivered  its  opinion  on  the  proposal,  the
European Court of Justice had no comment to make on the proposal at that stage.

On  19  May  2003  political  agreement  was  reached  within  the  Council  on  a  compromise
proposal put forward by the Presidency concerning the substance of the reform package. The
Council's conclusions also encompassed modernisation of the pension scheme which had not
been part of the original proposal.

On  19  June  2003  the  European  Parliament  sitting  in  plenary  session  formally  adopted  its
legislative resolution on the proposal.

On  26  June  2003  the  Consultation  Committee  (COCO),  comprising  staff  representatives,
delegates  from  the  Member  States  and  a  representative  of  the  administration  from  each
institution, was convened in  order  to  consider the Commission's  proposal in the  light of the
Council's conclusions. Its opinion was approved by the Council on 29 September 2003. The
Commission  has  taken  COCO's  report  into  account  in  the  revised  proposal,  comprising  the
above elements, which is attached hereto.

On 27 October 2003 the interinstitutional Staff Committee adopted a favourable opinion.

Concertations  with  the  OSPs  on  an  interinstitutional  level  were  finalised  on  12  November
2003 with the support of the OSPs.

2

2002/0100 (CNS)

Amended proposal for a

COUNCIL REGULATION

amending the Staff Regulations of officials and the Conditions of Employment of other
servants of the European Communities

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
283 thereof,

Having  regard  to  the  Protocol  on  the  Privileges  and  Immunities  of  the  European
Communities, and in particular Article 13 thereof,

Having  regard  to  the  proposal  presented  by  the  Commission  after  consulting  the  Staff
Regulations Committee1,

Having regard to the opinion of the European Parliament2,

Having regard to the opinion of the Court of Justice3,

Having regard to the opinion of the Court of Auditors4,

Whereas:

(1) 

(2) 

(3) 

Since the initial  adoption  of  the Staff Regulations and  Conditions  of Employment in
1962, substantial advances and innovations in society have occurred. Those advances
and  innovations  should  be  reflected  in  the  regulatory  framework  applicable  to  the
European civil service in order to meet the changing needs of the institutions and their
staff, whilst respecting a Community administrative culture and tradition based on the
principle of service to the citizen.

The  European  Communities  should  thus  be  equipped  with  a  high-quality  European
public  administration,  so  as  to  enable  it  to  perform  its  tasks  to  the  highest  possible
standard in accordance with the Treaties and to meet the challenges, both internal and
external, that it will face in the future.

Consequently,  it  is  necessary  to  provide  a  framework  for  the  recruitment  by  the
Communities  of  staff  of  the  highest  calibre  in  terms  of  productivity  and  integrity,
drawn on the widest possible geographical basis from among citizens of the Member

1

2

3

4

OJ C , , p. .
OJ C , , p. .
OJ C , , p. .
OJ C , , p. .

3

                                                
(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

States,  and  enable  such  staff  to  carry  out  their  duties  under  conditions  which  ensure
that the service functions as smoothly as possible.

The broader aim should be to ensure that human resources are managed as effectively
as  possible  in  a  European  civil  service  characterised  by  competence,  independence,
loyalty, impartiality and permanence, as well as by cultural diversity.

It  is  appropriate  to  ensure  that  there  is  a  single  European  civil  service  and  to  apply
common rules to all institutions and agencies. The availability of a single set of Staff
Regulations  should  provide  a  useful  tool  for  enhancing  cooperation  between  the
institutions and agencies on staff policy, in the interests of the smooth running of the
Communities and the efficient use of human resources.

Agencies  are  included  within  the  scope  of  the  rules  relating  to  staff,  in  order  to
safeguard  the  harmonious  application  of  the  rules  and  in  particular  to  ensure  staff
mobility.

Compliance should be observed with the principle of non-discrimination as enshrined
in  the  Treaty,  which  thus  necessitates  the  further  development  of  a  staff  policy
ensuring equal opportunities for all, regardless of sex, physical capacity, age, racial or
ethnic identity, sexual orientation and marital status.

Officials  in  a  non-marital  relationship  recognised  by  a  Member  State  as  a  stable
partnership who do not have legal access to marriage should be granted the same range
of benefits as married couples, while couples in the same situation with legal access to
marriage should qualify for a more limited range of benefits.

Express  reference  should  be  made  to  measures  of  a  social  nature  and  to  working
conditions  which  meet  appropriate  health  and  safety  standards;  such  measures  are
intended to help reconcile work and private life, to promote equality of opportunity, as
well as to protect the health and safety of the individual.

(10)  There is a clear need to strengthen the principle of career development based on merit,
establishing a closer link between performance and remuneration by providing greater
incentives  for  good  performance  through  structural  changes  to  the  careers  system,
whilst ensuring equivalence of average career profiles in the new and the old structure,
in keeping with the establishment plan and budgetary discipline.

(11)  Modernising the careers system  calls for greater recognition of officials' professional
experience  and  of  the  principle  of  life-long  learning.  Accordingly  it  is  desirable  to
replace the existing staff categories, regrade staff in the new administrators' (AD) and
assistants'  (AST)  function  groups  and  facilitate  progress  from  a  lower  group  to  a
higher, by means of a new certification mechanism.

(12)  The need has arisen to devise a system of ensuring the equivalence of average career
profiles which, when viewed as a whole, will offset fairly and reasonably, on the one
hand the increase in the number of grades altogether and, on the other, the reduction in
the number of steps in each grade.

(13) 

In  order  to  preserve  the  multilingual  character  of  the  institutions,  greater  emphasis
should,  for  the  purposes  of  recruitment  and  promotion,  be  laid  on  linguistic
proficiency and the ability to work in a third Community language.

4

(14) 

Impartiality  is  a  fundamental  principle  of  public  service  which  is  recognised  by  the
Charter of  Fundamental Rights of the  European Union.  It is therefore vital to  clarify
the obligations of officials in situations where there is an actual or potential conflict of
interest, both before and after leaving the service.

(15)  An improved legal framework should be set up to address issues of psychological and

sexual harassment, and to that end express definitions should be formulated.

(16) 

It  is  appropriate  to  provide  for  the  right  of  freedom  of  expression,  since  this  is
enshrined in the Charter of Fundamental Rights and is a basic right of officials, and to
set  reasonable  limits  to  its  exercise.  At  the  same  time,  clear  rules  are  required  to
govern  the  publication  of  matters  connected  with  the  work  of  the  Community,
wherever its legitimate interests may be at risk.

(17)  A new legal framework and guarantees should be provided for the legal protection of
officials  who  report  blameworthy  acts  and  serious  wrongdoing  within  the  service  to
certain clearly defined persons or bodies.

(18) 

It  is  appropriate  to  rationalise  more  consistently  the  way  in  which  disciplinary
proceedings  are  opened  and  conducted.  There  should  also  be  greater  stability  in  the
membership  of  Disciplinary  Boards,  and  amendments  to  the  rules  regarding  the
suspension of officials.

(19)  Procedures  for  monitoring  absence  and  for  the  submission  of  medical  certificates

should be clarified.

(20) 

It  is  necessary  to  introduce  a  comprehensive  procedure  for  dealing  with  cases  of
professional  incompetence  which  safeguards  the  right  of  defence  of  the  officials
concerned.  Cases  of  officials  who  are  unable  to  attain  the  expected  standard  of
performance  within  a  reasonable  time  should  be  dealt  with  within  this  new  legal
framework.

(21)  Provision  should  be  made  for  the  introduction  of  flexible  working  arrangements,
namely,  and  subject  to  certain  conditions,  the  right  to  work  part  time,  to  take
advantage  of  job  sharing  arrangements  and  to  obtain  extended  leave  on  personal
grounds.  Similarly,  it  is  appropriate  to  introduce  provisions  on  family-related  leave
and,  more  particularly,  the  right  to  more  flexible  maternity  leave,  paternity  leave,
adoption  and  parental  leave  as  well  as  leave  in  case  of  serious  illness  of  a  family
member.

(22) 

In  the  interest  of  guaranteeing  that  the  purchasing  power  of  Community  officials
develops in parallel with that of civil servants in the Member States, it is essential to
preserve  the  principle  of  a  multi-annual  adjustment  mechanism  for  pay.  This
mechanism,  previously  known  as  'the  Method'  and  applicable  until  30  June  2004,
should now be broadly extended for nine years and should be reviewed after four years
for consistency with budgetary discipline.

(23)  The  advantages  for  officials  of  a  multi-annual  pay  adjustment  system  should  be
balanced  by  the  introduction  of  a  special  levy  to  reflect  the  costs  of  social  policy,
improved  working  conditions  and  the  European  Schools,  which  should  increase  by
annual steps and apply to all officials for the same period as the system itself.

5

(24)  As  the  costs  of  the  correction  coefficients  applied  to  transfers  of  parts  of  salary  to
other  Member  States  have  become  disproportionate,  transfers  with  correction
coefficients should be limited to a lesser proportion of salary and to  cases where the
transfer  is  necessary  to  allow  the  official  to  meet  expenses  resulting  from  legal
obligations to family members in other Member States.

(25)  The  criterion  for  former  officials  to  continue  to  be  covered  by  the  Joint  Sickness
Insurance  Scheme  has  proved  uncertain  in  its  application  and  should  therefore  be
simplified.

(26)  The  various  allowances  should  be  thoroughly  rationalised,  through  an  overhaul  of
some  and  the  discontinuation  of  others,  in  order  to  make  the  administrative  rules
simpler  and  more  transparent.  The  reimbursement  of  travel  and  mission  expenses
should thus be brought more closely into line with the real cost, and the administration
should  be  simplified.  The  education  allowance  should  likewise  be  aligned  more
closely, in future, on actual expenditure.

(27)  The  system  of  family  allowances  needs  to  be  reformed  so  as  to  bring  about
improvements  for  families  and  in  particular  address  the  problems  of  parents  with
young children.

(28)  Since  pensions  are  expressed  as  a  proportion  of  a  final  salary,  it  is  appropriate  to
ensure that in future pay and pensions are adapted  in parallel while  safeguarding the
actuarial  basis  of  the  scheme  and  maintaining  the  respective  shares  of  contributions
borne by the official and the employer and the principle that pensions are a charge on
the Community budget, whose payment is guaranteed by the Member States.

(29)  That objective requires the creation of a mechanism for ensuring  the short and  long-

term actuarial balance of the scheme.

(30)  However,  demographic  changes  and  the  changing  age  structure  of  the  population
concerned are imposing ever-increasing burdens upon the Community pension scheme
and require that the pension age be increased and the annual rate of accrual of pension
rights  be  marginally  reduced,  subject  however  to  transitional  measures  for  officials
already in service.

(31)  Deepened integration of the European Union and the free choice of pensioners of their
place  of  residence  within  the  European  Union  has  made  the  system  of  correction
coefficients for pensions obsolete. This system has also created monitoring problems
as  regards  the  place  of  residence  of  pensioners  which  should  be  overcome.  This
system should therefore be abolished with an appropriate transition for pensioners and
officials recruited before the entry into force of this regulation.

(32)  The conditions underlying the current provisions on invalidity pensions and survivor's
pensions  have  changed  since  those  provisions  were  adopted  and  should  therefore  be
updated and simplified.

(33)  Officials’  conditions  of  employment  should  be  reformed  so  as  to  conform  more
closely with Community rules on the free movement of workers and the protection of
migrant  workers:  this  should  be  achieved  by  correcting  a  number  of  inconsistencies
and introducing greater flexibility.

6

(34)  New  rules  on  flexible  retirement  arrangements  should  take  the  interests  of  both
officials and the institutions into account. The measures involved should be voluntary,
and accompanied by  appropriate  financial  conditions.  A  realistic  choice  in  favour  of
early  retirement  is  dependant  on  health  insurance  and  family  allowances  being
maintained;  however,  those  advantages  should  be  balanced  by  raising  the  minimum
age to 55 and introducing the option of working beyond the current retirement age.

(35)  The overall level of pay and pensions for officials and other servants should be such
that it continues to attract and retain the best applicants from all the Member States in
an independent and permanent European civil service.

(36)  The  provisions  applicable  to  officials  in  the  scientific  and  technical  services  and  to
officials  serving  in  third  countries  should  be  adapted,  clarified  and  brought  into  line
with the general provisions.

(37)  A  new  category  of  non-permanent  staff  needs  to  be  established,  namely  that  of
contract servants. Such staff, whose responsibilities are of a more limited nature, will
generally be required to work on non-core tasks under the supervision of officials or
temporary staff. They will be employed with a view to eventually replacing auxiliaries
and Category D officials in the institutions, Commission Offices and Representations,
Delegations and Agencies and also in executive agencies and other bodies created by a
specific legal act. The rights and obligations of such contract staff should be defined
by  analogy  with  those  of  temporary  servants,  particularly  as  regards  social  security,
allowances and working conditions.

(38)  Provision  should  be  made  for  transitional  arrangements  to  enable  the  new  rules  and
measures to be applied gradually, whilst leaving intact the acquired rights of the staff
and respecting their legitimate expectations.

(39)  The  Staff  Regulations  and  Conditions  of  Employment  should  therefore  be  amended

accordingly.

HAS ADOPTED THIS REGULATION:

Article 1

The Staff Regulations of officials and the Conditions of Employment of other servants of the
European Communities are amended as set out in Annex I (as regards the Staff Regulations of
officials) and Annex II (as regards the Conditions of Employment of other servants).

This Regulation shall enter into force on [...].

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

7

Done at Brussels, [...] 2002

For the Council
The President

8

Annex I
Amendments to the Staff Regulations of officials of the European Communities

The Staff Regulations of officials of the European Communities are amended as follows:

1. 

Article 1 is replaced by the following:

"Article 1

These Staff Regulations shall apply to officials of the Communities.”

Article 1a is replaced by the following:

"Article 1a

1. For the purposes of these Staff Regulations, "official of the Communities" means any person who
has been appointed, as provided for in these Staff Regulations, to an established post on the staff of
one of the institutions of the Communities by an instrument issued by the Appointing Authority of
that institution.

2. This definition shall also apply to persons appointed by Community bodies to whom these Staff
Regulations  apply  under  the  Community  acts  establishing  them  (hereinafter  "agencies").  Any
references  to  institutions  in  these  Staff  Regulations  shall  apply  to  agencies,  save  as  otherwise
provided in these Staff Regulations ."

2. 

The following article is inserted:

Save as otherwise provided in these Staff Regulations,

“Article 1b

- the Economic and Social Committee,

- the Committee of the Regions,

- the European Ombudsman and

- the European Data Protection Supervisor

shall, for the purposes of these Staff Regulations, be treated as institutions of the Communities.

3. 

The following articles are inserted:

"Article 1d

Any  reference  in  these  Staff  Regulations  to  a  person  of  the  male  sex  shall  be  deemed  also  to
constitute  a  reference  to  a  person  of  the  female  sex,  and  vice-versa,  unless  the  context  clearly
indicates otherwise.”

4. 

The former Article 1a becomes Article 1e and is amended as follows:

9

(a)

Paragraph 1 is replaced by the following:

“1.In the application of these Staff Regulations, any discrimination based on grounds such as sex,
race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any
other opinion, membership of a national minority, property, wealth, birth, age, disability or sexual
orientation shall be prohibited.

For the purposes of these Staff Regulations, non-marital partnerships shall be treated as marriage
provided that all the conditions listed in Article 1(2)(c) of Annex VII are fulfilled.”

(b)

In paragraph 2 the following phrase is inserted after “women in working life”:

“ which shall be an essential element to be considered in the implementation of all aspects of these
Staff Regulations,”

(c)

The following paragraphs 4, 5 and 6 are added:

“4.  For  the  purposes  of  paragraph  1,  a  person  has  a  disability  if  he  has  a  physical  or  mental
impairment  that  is  permanent  or  likely  to  be  so.  The  impairment  shall  be  determined  under  the
procedure set out in Article 33.

A  person  with  a  disability  meets  the  conditions  laid  down  in  Article  28(e)  if  he  can  perform  the
essential functions of the job when reasonable accommodation is made.

Reasonable accommodation, in relation to the essential functions of the job, shall mean appropriate
measures, where needed, to enable a person with a disability to have access to, participate in, or
advance  in  employment,  or  to  undergo  training,  unless  such  measures  would  impose  a
disproportionate burden on the employer.

5. Where persons covered by these Staff Regulations, who consider themselves wronged because the
principle  of  equal  treatment  as  set  out  above  has  not  been  applied  to  them,  establish  facts  from
which it may be presumed that there has been direct or indirect discrimination, the onus shall be on
the  institution  to  prove  that  there  has  been  no  breach  of  the  principle  of  equal  treatment.  This
provision shall not apply in disciplinary proceedings.

6.  While  respecting  the  principle  of  non-discrimination  and  the  principle  of  proportionality,  any
limitation of their application must be justified on objective and reasonable grounds  and  must be
aimed  at  legitimate  objectives  in  the  general  interest  in  the  framework  of  staff  policy.  Such
objectives may in particular justify stipulating a mandatory retirement age and a minimum age for
drawing a retirement pension.”

5. 

The following article is inserted:

“Article 1f

Officials  in  active  employment  shall  have  access  to  measures  of  a  social  nature
1.
adopted by the institutions and to services provided by the social welfare bodies referred to
in  Article  9.  Former  officials  may  have  access  to  limited  specific  measures  of  a  social
nature.

2.
Officials  in  active  employment  shall  be  entitled  to  working  conditions  complying
with  appropriate  health  and  safety  standards  at  least  equivalent  to  the  minimum
requirements applicable under measures adopted in these areas pursuant to the Treaty.

10

3.
Measures  of  a  social  nature  adopted  in  accordance  with  this  article  shall  be
implemented  by  each  institution  in  close  co-operation  with  the  Staff  Committee,  on  the
basis of multi-annual proposed actions. These proposed actions shall be transmitted each
year to the budgetary authority in the framework of the budget procedure.”

6. 

Article 2 is amended as follows:

(a)

The current text of the first paragraph becomes paragraph 1.

(b)

The second and third paragraphs are deleted.

(c)

The following paragraph 2 is added:

“2. However, one  or  more institutions  may entrust to any  one of them or to an inter-institutional
body the exercise of  some or all of the  powers  conferred on the Appointing Authority,  other than
decisions relating to appointments, promotions or transfers of officials.”

(7a) Article 4 is amended as follows:

In  the  third  paragraph,  “transfer,  promotion  or  an  internal  competition”  is  replaced  by  “transfer,
appointment  to  a  post  in  accordance  with  Article  45a  or  promotion”  and  “three  European
Communities” is replaced by “other institutions, and/or an internal competition shall be organised”

7. 

Articles 5 and 6 are replaced by the following:

“Article 5

1.  The  posts  covered  by  the  Staff  Regulations  shall  be  classified,  according  to  the  nature  and
importance  of  the  duties  to  which  they  relate,  in  an  administrators'  function  group  (hereinafter
“AD”) and an assistants' function group (hereinafter “AST”).

2.  Function  group  AD  shall  comprise  twelve  grades,  corresponding  to  administrative,  advisory,
linguistic and scientific duties. Function group AST shall comprise eleven grades, corresponding to
executive, technical and clerical duties.

3. Appointment shall require at least

(a) in function group AST

– 

– 

– 

a level of post-secondary education attested by a diploma, or

a level of secondary education attested by a diploma giving access to post-secondary education, and

appropriate professional experience of at least three years, or

where justified in the interests of the service, professional training or professional experience of an

equivalent level.

(b) in function group AD for grades 5 and 6

– 

– 

a  level  of  education  which  corresponds  to  completed  university  studies  of  at  least  three

years attested by a diploma, or

where justified in the interest of the service, professional training of an equivalent level.

11

(c) in function group AD for grades 7 to 16

– 

– 

a level of education which corresponds to completed university studies attested by a diploma

when the normal period of university education is four years or more, or

a level of education which corresponds to completed university studies attested by a diploma
and  appropriate  professional  experience  of  at  least  one  year  when  the  normal  period  of
university education is less than four years, or

– 

where justified in the interests of the service, professional training of an equivalent level.

4.  A  table  showing  types  of  posts  is  given  in  Annex  I,  point  A.  By  reference  to  this  table,  each
institution shall define the duties and powers attaching to each type of post after consulting the Staff
Regulations Committee.

5. Identical conditions of recruitment and service career shall apply to all officials belonging to the
same function group.

6. By way of derogation from paragraphs 1 and 2 and up to an overall maximum of 90 posts, the
European Parliament may create a function group for its ushers comprising four grades equivalent
to AST 1 to 4.

Article 6

The  establishment  plan  appended  to  the  section  of  the  budget  related  to  each  institution

1.
shall indicate the number of posts in each grade and function group.

To ensure equivalence of the average career in the career structure before 1 May 2004 (old
2.
career  structure)  and  after  1  May  2004  (new  career  structure)  and  without  prejudice  to  the
principle of promotion based on merit as laid down in Article 45 of the Staff Regulations, this plan
shall  ensure  that  for  each  institution,  the  number  of  vacant  positions  at  every  grade  of  the
establishment plan on January 1 corresponds to the number of officials in the lower grade in active
employment on 1 January of the preceding year, multiplied by the rates laid down in Annex I, point
B, for that grade. These rates shall be applied on a five-year average basis as from [1 May 2004].

3.
The  Commission  shall,  on  the  basis  of  the  methodology  defined  in  paragraph  5,  submit  a
report to the budgetary authority each year on the evolution of average careers in the two function
groups in all institutions, which shall state whether the principle of equivalence has been respected
and, if not, to what extent it has been breached. If it has not been respected, the budgetary authority
may take such corrective safeguard measures as are appropriate to re-establish equivalence.

4.
To ensure that this system remains consistent with the establishment plan, the equivalence
between  the  old  and  the  new  career  structure,  and  budgetary  discipline,  the  rates  laid  down  in
Annex I, point B, shall be reviewed at the end of the five-year period starting on 1 May 2004 on the
basis of a report submitted by the Commission to the Council and of a proposal by the Commission.

The Council shall decide in accordance with Article 283 of the EC Treaty.

5.
Equivalence shall be assessed as a result of promotion and seniority over a given reference
period  on  the  assumption  staff  numbers  remain  unchanged,  between  the  average  career  before  1
May 2004 and the average career of officials recruited thereafter."

8. 

Article 7 is amended as follows:

12

(a)

In paragraph 1, “category or service” is replaced by “function group”.

In the second sentence of paragraph 2, “post in a career bracket in his category or

(b)
service which is higher than his substantive career bracket”

is replaced by

“post in a grade in his function group which is higher than his substantive grade”.

(c)

In the second sentence of paragraph 2, “in the starting grade” is deleted.

(d)

In the second sentence of paragraph 2, “career bracket” is replaced by “grade”.

9. 

Article 9 is amended as follows:

(a)

In paragraph 1, point (a), the following indent is inserted after the third indent:

“-  one  or  more  Joint  Advisory  Committees  on  professional  incompetence,  as  appropriate  for  the
number of officials at the places of employment;”.

(b)

The second subparagraph of paragraph 2 is replaced by the following:

“The staff of the institution shall be notified of the list of members of these bodies.”

(c)

In paragraph 5, point

(b)

“on dismissals for incompetence;”

and

“The  Committee  shall  ensure  that  the  periodic  reports  on  staff  members  are  made  in  a  uniform
manner within any one institution.”

are deleted.

Point (c) becomes point (b), and the following sentence is added at the end of paragraph 5: “It may
be instructed by the Appointing Authority to ensure that the periodic reports on staff members are
made in a uniform manner within the institution.”

(d)

The following paragraph is added:

“6. The opinion of the Joint Advisory Committee on professional incompetence shall be sought for
the application of Article 51.”

10. 

In  the  first  paragraph  of  Article  10,  the  following  sentence  is  inserted  after  the  first
sentence:

“The  agencies  shall  be  jointly  represented  in  accordance  with  rules  to  be  fixed  by  agreement
between them and the Commission.”

The second paragraph is replaced by the following:

“The  Committee  shall  be  consulted  by  the  Commission  on  all  proposals  to  revise  the  Staff
Regulations; it  shall  deliver  its  opinion within the  time  set  by  the  Commission.  In  addition  to  the
functions conferred upon the Committee by these Staff Regulations, it may put forward suggestions

13

for revising the Staff Regulations. The Committee shall meet at the request of its Chairman, of an
institution or of the staff committee of an institution.

(11a) The following Articles 10b and 10c are inserted:

"Article10b

The trade unions and staff associations referred to in Article 24b shall act in the general interest of
the staff, without prejudice to the statutory powers of the staff committees.

The Commission proposals referred to in Article 10 may be the subject of consultations by
representative trade unions and staff associations.

Article 10c

Each institution may conclude agreements concerning its staff with its representative trade unions
and staff associations. Such agreements may not entail amendment of the Staff Regulations or any
budgetary commitments, nor may they affect the working of the institution concerned. The
representative trade unions and staff associations which are signatories shall operate in each
institution subject to the statutory powers of the staff committee. "

11. 

The following sentence is added to the first paragraph of Article 11:

“He shall carry out the duties assigned to him objectively, impartially and in keeping with his duty
of loyalty to the Communities.”

12. 

The following article is inserted after Article 11:

“Article 11a

1. An official shall not, in the performance of his duties and save as hereinafter provided, deal with
a  matter  in  which,  directly  or  indirectly,  he  has  any  personal  interest  such  as  to  impair  his
independence, and, in particular, family and financial interests.

2. Any official to whom it falls, in the performance of his duties, to deal with a matter referred to
above shall immediately inform the Appointing Authority. The Appointing Authority shall take any
appropriate measure, and may in particular relieve the official from responsibility in this matter.

3. An official may neither keep nor acquire, directly or indirectly, in undertakings which are subject
to the authority of the institution to which he belongs or which have dealings with that institution,
any interest of such kind or magnitude as might impair his independence in the performance of his
duties.”

13. 

Article 12 is replaced by the following:

“An  official  shall  refrain  from  any  action  or  behaviour  which  might  reflect  adversely  upon  his
position.

“Article 12

14. 

The following articles are inserted:

14

“Article 12a

1. Officials shall refrain from any form of psychological or sexual harassment.

2. An official who has been the victim of  psychological  or  sexual harassment  shall  not suffer any
prejudicial effects on the part of the institution. An official who has given evidence on psychological
or sexual harassment shall not suffer any prejudicial effects on the part of the institution, provided
the official has acted honestly.

3.  “Psychological  harassment”  means  any  improper  conduct  that  takes  place  over  a  period,  is
repetitive or systematic and  involves physical behaviour, spoken or written  language,  gestures  or
other  acts  that  are  intentional  and  that  may  undermine  the  personality,  dignity  or  physical  or
psychological integrity of any person.

4. “Sexual harassment” means conduct relating to sex which is unwanted by the person to whom it
is directed and which has the purpose or effect of offending that person or creating an intimidating,
hostile, offensive or disturbing environment. Sexual harassment shall be treated as discrimination
based on gender.

Article 12b

1. Subject to Article 15, an official wishing to engage in an outside activity, whether paid or unpaid,
or  to  carry  out  any  assignment  outside  the  Communities,  shall  first  obtain  the  permission  of  the
Appointing Authority. Permission shall be refused only if the activity or assignment in question is
such as to interfere with the performance of the official's duties or is incompatible with the interests
of the institution.

2. An official shall notify the Appointing Authority of any changes in a permitted outside activity or
assignment,  which  occur  after  the  official  has  sought  the  permission  of  the  Appointing  Authority
under paragraph 1. Permission may be withdrawn if the activity or assignment no longer meets the
conditions referred to in the last sentence of paragraph 1.”

15. 

16. 

17. 

In Article 13 “continue in his post, be transferred to another post or be required to resign”
is replaced by “continue in his post or be transferred to another post.”

Article 14 is deleted.

Article 15 is replaced by the following:

“Article 15

1.  An  official  who  intends  to  stand  for  public  office  shall  notify  the  Appointing  Authority.  The
Appointing  Authority  shall  decide,  in  the  light  of  the  interests  of  the  service,  whether  the  official
concerned:

- should be required to apply for leave on personal grounds, or

- should be granted annual leave, or

- may be authorised to discharge his duties on a part-time basis, or

- may continue to discharge his duties as before.

15

2.  An  official  elected  or  appointed  to  public  office  shall  immediately  inform  the  Appointing
Authority.  The  Appointing  Authority  shall,  having  regard  to  the  interests  of  the  service,  the
importance of the office, the duties it entails and the remuneration and reimbursement of expenses
incurred in carrying out those duties, take one of the foregoing decisions. If the official is required
to take leave on personal grounds or is authorised to discharge his duties on a part-time basis, the
period of such leave or part-time working shall correspond to the official’s term of office.

18. 

The  second,  third  and  fourth  paragraphs  of  Article  16  are  replaced  by  the  following
paragraph:

“Officials intending to engage in an occupational activity, whether gainful or not, within two years
of  leaving  the  service  shall  inform  their  institution  thereof.  If  that  activity  is  related  to  the  work
carried out by the official during the last three years of service and could lead to a conflict with the
legitimate interests of the institution, the Appointing Authority may, having regard to the interests
of the service, either forbid him from undertaking it or give its approval subject to any conditions it
thinks fit. The institution  shall,  after  consulting  the  Joint  Committee,  notify  its  decision  within  30
working days of being so informed. If no such notification has been made by the end of that period,
this shall be deemed to constitute implicit acceptance. "

19. 

Article 17 is replaced by the following:

“Article 17

1. An official shall refrain from any unauthorised disclosure of information received in the course of or in
connection with his duty, unless that information has already been made public or is accessible to the public.

2. An official shall continue to be bound by this obligation after leaving the service.”

20. 

The following article is inserted:

“Article 17a

An official has the right to freedom of expression, subject to his obligation to observe

1.
the requirements of loyalty and impartiality.

2.
Without prejudice to Articles 12 and 17, an official who intends to publish or cause
to  be  published,  whether  alone  or  with  others,  any  matter  dealing  with  the  work  of  the
Communities shall inform the Appointing Authority in advance.

Where  the  Appointing  Authority  is  able  to  demonstrate  that  the  matter  is  liable  seriously  to  prejudice  the
legitimate interests of the Communities, the Appointing Authority shall inform the official of its decision in
writing  within  30  working  days  of  receipt  of  the  information.  If  no  such  decision  is  notified  within  the
specified period, the Appointing Authority shall be deemed to have had no objections.”

21. 

Article 18 is amended as follows:

(a)

The current text becomes paragraph 1.

(b)

In paragraph 1 the following sentence is added:

“The Communities shall have the right to acquire compulsorily the copyright in such works.”

(c)

The following paragraphs are added:

16

“2. Any invention made by an official in the course of or in connection with the performance of his
duties shall be the undisputed property of the Communities. The institution may, at its own expense
and  on  behalf  of  the  Communities,  apply  for  and  obtain  patents  therefor  in  all  countries.  Any
invention relating to the work of the Communities made by an official during the year following the
expiration of his term of duty shall, unless proved otherwise, be deemed to have been made in the
course of or in connection with the performance of his duties. Where inventions are the subject of
patents, the name of the inventor or inventors shall be stated.

3.  The  institution  may  in  appropriate  cases  award  a  bonus,  the  amount  of  which  shall  be
determined by the institution, to an official who is the author of a patented invention.”

22. 

In Article 20 the following sentence is added:

“The official shall notify the Appointing Authority of his address and inform it immediately of any
change of address.”

23. 

24. 

The last paragraph of Article 21 is deleted.

The following article is inserted:

“Article 21a

1. An official who receives orders which he considers to be irregular or likely to give rise to serious
difficulties  shall  inform  his  immediate  superior,  who  shall,  if  the  information  is  given  in  writing,
reply  in  writing.  Subject  to  paragraph  2,  if  the  immediate  superior  confirms  the  orders  and  the
official believes that such confirmation does not constitute a reasonable response to the grounds of
his concern, the official shall refer the question in writing to the hierarchical authority immediately
above. If the latter confirms the orders in writing, the official shall carry them out unless they are
manifestly illegal or constitute a breach of the relevant safety standards.

2. If the immediate superior considers that the orders must be executed promptly, the official shall
carry  them  out  unless  they  are  manifestly  illegal  or  constitute  a  breach  of  the  relevant  safety
standards. At the request of the official, the immediate superior shall be obliged to give such orders
in writing.”

25. 

The following articles are inserted:

“Article 22a

1. Any official who, in the course of or in connection with the performance of his duties, becomes
aware  of  facts  which  gives  rise  to  a  presumption  of  the  existence  of  possible  illegal  activity,
including  fraud  or  corruption,  detrimental  to  the  interests  of  the  Communities,  or  of  conduct
relating  to  the  discharge  of  professional  duties  which  may  constitute  a  serious  failure  to  comply
with the obligations of Community officials shall without delay inform either his immediate superior
or  his  Director-General  or,  if  he  considers  it  useful,  the  Secretary-General,  or  the  persons  in
equivalent positions, or the European Anti-Fraud Office direct.

Information on the presumption of possible illegal activities shall be given in writing.

This shall also apply in the event of serious failure to comply with a similar obligation on the part
of  a  Member  of  an  institution  or  any  other  person  in  the  service  of  or  carrying  out  work  for  an
institution.

17

2. Any official receiving such information shall without delay transmit to the European Anti-Fraud
Office any evidence of which he is aware from which the existence of the irregularities referred to
in paragraph 1 may be presumed.

3.  An  official  shall  not  suffer  any  prejudicial  effects  on  the  part  of  the  institution  as  a  result  of
having  communicated  the  information  referred  to  in  paragraphs  1  and  2,  provided  that  he  acted
reasonably and honestly.

4. Paragraphs 1 to 3 shall not apply to documents, deeds, reports, notes or information in any form
whatsoever  held  for  the  purposes  of,  or  created  or  disclosed  to  the  official  in  the  course  of,
proceedings in legal cases, whether pending or closed.

Article 22b

1.  An  official  who  further  discloses  information  as  defined  in  Article  22a  to  the  President  of  the
Commission  or  of  the  Court  of  Auditors  or  of  the  Council  of  Ministers  or  of  the  European
Parliament, or to the European Ombudsman, shall not suffer any prejudicial effects on the part of
the institution to which he belongs provided that both of the following conditions are met:

(a) the official honestly and reasonably believes that the information disclosed, and any allegation
contained in it, are substantially true; and

(b) the official has previously disclosed the same information to the European Anti-Fraud Office or
to  his  own  institution  and  has  allowed  the  Office  or  that  institution  the  period  of  time  set  by  the
Office or the institution,  given  the complexity  of the case, to take appropriate action. The official
shall be duly informed of that period of time.

2. The period referred to in the above paragraph shall not apply where the official can demonstrate
that it is unreasonable having regard to all the circumstances of the case.

3. Paragraphs 1 and 2 shall not apply to documents, deeds, reports, notes or information in any
form whatsoever held for the purposes of, or created or disclosed to the official in the course of,
proceedings in legal cases, whether pending or closed.

26. 

27. 

28. 

29. 

In Article 23, “grade A 1 to A 4” is replaced by “grade AD 12 to AD 16”.

Articles 24 and 24a are amended as follows:

a)

b)

The third and fourth paragraphs of Article 24 become Article 24a.

In the new first paragraph "It" is replaced by "The Communities".

The former Article 24a becomes Article 24b.

Article 25 is amended as follows:

In the first paragraph "concerning issues covered by these Staff Regulations" is

a)
inserted after "requests".

In the third paragraph “shall at once be posted in the premises of the institution to

b)
which the official belongs and shall be published in the Monthly Staff Bulletin of the
Communities” is replaced by “shall be published in the institution to which the official
belongs. The publication shall be accessible to all staff for an appropriate period of time.”

18

30. 

Article 26 is amended as follows:

(a)

In the third paragraph, the following is added after “letter”:

“to the last address communicated by the official.”

(b)

The fourth paragraph is replaced by the following:

"  An  official's  personal  file  shall  contain  no  reference  to  his  political,  trade  union,
philosophical or religious activities and views, or to his racial or ethnic origin or sexual
orientation.

The fourth paragraph shall not however prohibit the insertion in the file of administrative
acts and documents known to the official which are necessary for the application of these
Staff Regulations.."

(c)

In the sixth paragraph “and to take copies of them” is inserted after “file”.

In  the  seventh  paragraph,  “or  on  a  secure  electronic  medium”  is  inserted  after

(d)
“administration”.

At 

the 

end  of 

the 

seventh  paragraph, 

“before 

the  Court” 

is  deleted.

31. 

The following article is inserted after Article 26:

“Article 26a

Officials  shall  have  the  right  to  acquaint  themselves  with  their  medical  files,  in  accordance  with
arrangements to be laid down by the institutions.”

32. 

33. 

The second paragraph of Article 27 is deleted.

Article 29 is amended as follows:

(a)

Points (a), (b) and (c) of paragraph 1 are replaced by the following:

“(a) whether the post can be filled by

(i) transfer or

(ii) appointment in accordance with Article 45a or

(iii) promotion

within the institution;

(b)  whether  requests  for  transfer  have  been  received  from  officials  of  the  same  grade  in  other
institutions,  and/or  whether  to  hold  a  competition  internal  to  the  institution,  which  shall  be  open
only  to  officials  and  temporary  staff  as  defined  in  Article  2  of  the  Conditions  of  Employment  of
other servants of the European Communities;”

(b)

In paragraph 2, “grade A 1 or A 2 officials” is replaced by the following:

19

“senior officials (Directors-General or their equivalent in grade AD 16 or AD 15 and Directors or
their equivalent in grade AD 15 or AD 14)”

(c)

The following paragraphs are added:

"(3)  The  institutions  may  organise  internal  competitions  for  each  function  group  on  the  basis  of
qualifications or tests or both tests and qualifications for the institution concerned which shall be at
least at AST 6-level or higher and at AD 9-level or higher.

These  competitions  will  be  open  to  members  of  the  temporary  staff  of  that  institution  engaged  in
accordance  with  Article  2  of  the  Conditions  of  Employment  of  other  Servants  of  the  European
Communities.  The  institutions  shall  require  as  minimum  qualifications  for  these  competitions  at
least ten years of service as a temporary servant and having been recruited as a temporary servant
on the basis of a selection procedure which ensured the application of the same standards as for the
selection  of  officials  in  conformity  with  Article  12  (3a)  of  these  Conditions  of  Employment.  By
derogation  from  Article  29  (1)  (a),  the  Appointing  Authorities  of  the  institution  that  engaged  the
temporary  servant  shall,  before  filling  a  vacant  post  in  that  institution,  consider  transfers  of
officials in parallel with successful candidates from these internal competitions.

(4)  The  European  Parliament  shall  organise  at  least  two  internal  competitions  on  the  basis  of
qualifications  every  five  years  for  each  function  group  which  shall  be  at  least  at  AST  6-level  or
higher and at AD 9-level or higher, in accordance with the second subparagraph of paragraph 3."

34. 

Article 31 is replaced by the following:

“Article 31

1. Candidates selected shall be appointed to the grade of the function group set out in the notice of
the competition they have passed.

2. Without prejudice to Article 29(2), officials shall be recruited only at grades AST 1 to AST 4 or
AD  5  to  AD  8.  The  grade  of  the  competition  notice  shall  be  determined  by  the  institution  in
accordance with the following criteria:

– 

– 

the objective of recruiting officials of the highest standard as defined in Article 27;

the quality of the professional experience required.

To address specific needs of the institutions, labour market conditions prevailing in the Community may also
be taken into account in recruiting officials.

3.  Not  withstanding  paragraph  (2),  the  institution  may,  where  appropriate,  authorise  the
organisation of a competition at grade AD9, AD 10, AD 11 or, on an exceptional basis, at grade
AD 12. The total number of candidates appointed to vacant posts at these grades shall not exceed
20% of the total number of appointments to the  AD function group made  per  year in accordance
with the second paragraph of Article 30."

35. 

In Article 32, the second paragraph is replaced by:

“The Appointing Authority may allow additional seniority up to a maximum of 24 months to take
account of his professional experience. General implementing provisions shall be adopted to give
effect to this article.”

20

36. 

The first subparagraph of Article 34(1) is replaced by the following:

“Officials shall serve a nine-month probationary period before they can be established.”

37. 

In Article 35 the following point (f) is added:

“(f) parental leave or family leave”.

38. 

Article 37 is amended as follows:

(a)
In the second indent of point (a) of paragraph 1, “or with an elected President of one
of  the  institutions  or  organs  of  the  Communities  or  the  elected  Chairman  of  one  of  the
political groups in the European Parliament” is replaced by “or the elected President of
one of the institutions or organs of the Communities, or one of the political groups in the
European Parliament  or  the Committee  of  the  Regions,  or  a  group  in  the  Economic  and
Social Committee”.

(b)
The  following  paragraph  is  added  after  the  final  paragraph:  "Any  official  in  active
employment or on leave on personal grounds may apply for or  be  offered secondment in
the interests  of  the  service.  Once  the  official  is  seconded,  the  leave  on  personal  grounds
shall be terminated."

39. 

Article 39 is amended as follows:

In  point  (d),  second  subparagraph,  “the  invalidity  or  the  survivor's  pension”  is

(a)
replaced by “the invalidity allowance or survivor's pension”.

Point  (e)  becomes  point  (f)  and  "category  or  service"  is  replaced  by  "function

(b)
group".

(c)

The following new point is inserted:

“(e) During the period of secondment, the official shall retain his right to advancement to a higher
step;”

40. 

Article 40 is amended as follows:

(a)

In the second subparagraph of paragraph 2, “two” is deleted.

In the second subparagraph of paragraph 2 the words “of one year each” are deleted.

(b)
The following is added:

“Extensions may be for periods not exceeding one year. The total length of leave on personal
grounds may not exceed 15 years in the course of the official's entire career.

If, however, an official applies for such leave in order to be able:

- to bring up a child considered as a dependant of the official within the meaning of Article 2(2) of
Annex VII and who suffers from a serious mental or physical handicap recognised by the medical
officer of the institution and who requires constant care or supervision; or

- to follow his spouse, the latter also being an official or other servant of the Communities required
in the course of his duties to establish his habitual residence at such a distance from the place of

21

employment of the applicant official that the establishment of their conjugal home in such a place
would inconvenience the applicant official in the performance of his duties,

the leave may be extended without limits, provided that, at the time of each extension, the conditions
which warranted the grant of the leave continue to be fulfilled."

(c)

The third and fourth subparagraphs of paragraph 2 are deleted.

In  the  second  subparagraph  of  paragraph  3,  the  first  sentence  is  replaced  by  the

(d)
following:

“However,  an  official  who  is  not  engaged  in  a  gainful  activity  may,  not  later  than  one  month
following that in which the leave  on personal grounds begins, apply to continue to  be  covered in
accordance with those articles, provided that he bears half the cost of the contributions required to
cover  the  risks  referred  to  in  Articles  72(1)  and  73(1)  for  the  first  year  of  the  leave  on  personal
grounds and the full cost during the remainder of such leave. Cover in accordance with Article 73
shall be available only if cover has been obtained in accordance with Article 72. The contributions
shall be calculated by reference to the official's last basic salary.”

In  point  (d)  of  paragraph  4,  “category  or  service”  is  replaced  by  “function  group”

(e)
and “or placed on secondment” is inserted after “effectively reinstated”.

41. 

Article 41(3) is amended as follows:

(a)

In the second subparagraph, “category or service” is replaced by “function group”.

The  sixth,  seventh,  eighth  and  ninth  subparagraphs  are  replaced  by  the  following

(b)
subparagraphs: "No correction coefficient shall be applicable to the allowance.

However,  the  allowance  and  the  total  remuneration  last  received,  as  referred  to  in  the
fourth subparagraph, shall be subject to the weighting referred to in the first subparagraph
of Article 3(5) of Annex XI, at the rate fixed for the country inside the Communities where
the  recipient  proves  he  has  his  residence,  provided  that  country  was  the  recipient's  last
place  of  employment.  In  such  cases,  if  the  currency  of  the  country  is  not  the  euro,  this
allowance is calculated on the basis of the exchange rates foreseen in Article 63 of these
Staff Regulations."

42. 

A new  Section  6  entitled  “Parental  or  family  leave”  is  inserted  after  Article  42,  and  the
following Articles 42a and 42b are inserted:

“Article 42a

An  official  shall  be  entitled  to  up  to  six  months  of  parental  leave  without  basic  salary  for  every
child, to be taken during the first twelve years after the birth or adoption of the child. The duration
of the leave may be doubled for single parents recognised under general implementing provisions
adopted  by  the  institutions.  The  minimum  leave  taken  at  any  one  time  shall  not  be  less  than  one
month.

During parental leave,  the official's  membership of  the social  security scheme  shall continue; the
acquisition  of  pension  rights,  dependent  child  allowance  and  education  allowance  shall  be
maintained. The official shall retain his post, and continue to be entitled to advancement to a higher
step or promotion in grade. The leave may be taken as full-time or half-time leave. Where parental
leave is taken in the form of half-time leave, the maximum period provided for in the first paragraph

22

shall be doubled. During parental leave, the official shall be entitled to an allowance of [€750]5 per
month  or  50%  of  such  sum  if  on  half-time  leave  but  may  not  engage  in  any  other  gainful
employment. The full contribution to the social security scheme provided for in Articles 72 and 73
shall  be  borne  by  the  institution  and  calculated  on  the  basis  of  the  basic  salary  of  the  official.
However, in the case of half-time leave this provision shall apply only to the difference between the
full  basic  salary  and  the  proportionally  reduced  basic  salary.  For  the  part  of  the  basic  salary
actually received, the official's contribution shall be calculated by using the same percentages as if
he were in full-time employment.

The allowance shall be [€1 000]6 per month, or 50% of such sum if the official is on half-time leave,
for the single parents referred to in the first paragraph and during the first three months of parental
leave where such leave is taken by the father during maternity leave or by either parent immediately
after  maternity  leave  or  during  or  immediately  after  adoption  leave.  The  above  amounts  shall  be
adapted in line with remuneration.

Article 42b

In the case of medically certified serious illness or handicap of an official’s spouse, relative in the
ascending line, relative in the descending line, brother or sister, the  official shall be entitled to a
period  of  family  leave  without  basic  salary.  The  total  period  of  such  leave  shall  not  exceed  nine
months over the official's entire career.

The second paragraph of Article 42a shall apply.

43. 

Article 43 is amended as follows:

In the first paragraph, “with the exception of those in grades A1 and A2,” is deleted
(a)
and  the  following  is  added  after  the  first  sentence:  "The  institutions  shall  lay  down
provisions conferring the right to lodge an appeal within the reporting procedure,  which
has to be exercised before lodging a complaint as referred to in Article 90(2).".

(b)

The following paragraph is inserted as the second paragraph:

“As of grade 4, for officials in function group AST, the report may also contain  an opinion as to
whether, on the basis of performance, he has the potential to carry out an administrator's function.”

44. 

In Article 44 the following paragraph is added:

“If  an  official  is  appointed  head  of  unit,  director  or  director-general  in  the  same  grade,  and
provided that he has performed his new duties satisfactorily during the first nine months, he shall
benefit from advancement by one step in that grade at the time the appointment comes into effect.
This  advancement  shall  lead  to  an  increase  in  his  basic  monthly  salary  corresponding  to  the
percentage  between  the  first  and  the  second  step  in  each  grade.  If  the  increase  is  less  or  if  the
official  at  that time  is  already  in  the  last  step  of  his  grade,  he  shall  receive  an  increase  in  basic
salary ensuring the increase between the first and second step until his next promotion comes into
effect.”

45. 

Articles 45 and 46 are replaced by the following:

5

6

See footnote 7.
See footnote 7.

23

                                                
“Article 45

1. Promotion shall be by decision of the Appointing Authority in the light of Article 6(2). It shall be
effected by appointment of the official to the next higher grade in the function group to which he
belongs. Promotion shall be exclusively by selection from among officials who have completed a
minimum of two years in their grade after consideration of the comparative merits of the officials
eligible for promotion. When considering comparative merits, the Appointing Authority shall in
particular take account of the reports on the officials, the use of languages other than the language
for which they have produced evidence of thorough knowledge in accordance with Article 28 (f)
and, where appropriate, the level of responsibilities exercised by them.

2. Officials shall be required to demonstrate before their first promotion after recruitment the
ability to work in a third language among those referred to in Article 314 of the EC Treaty. Each
institution shall adopt general provisions for implementing this paragraph in accordance with
Article 110 which shall require access to training for officials in a third language and lay down the
procedures for verifying ability to work in a third language.

“Article 45a

By way of derogation from Article 5 (3) (b) and (c), an official in function group AST may,

“(1)
from grade 5, be appointed to a post in function group AD, on condition that

he has been selected in accordance with the procedure laid down in paragraph (3) to take

(a)
part in a compulsory training programme as set out in (b) below,

he has completed a training programme defined by the Appointing Authority comprising a

(b)
set of compulsory training modules, and

he is on a list drawn up by the Appointing Authority of suitable candidates who have passed

(c)
an oral and written examination demonstrating that he has successfully taken part in the training
programme mentioned under (b) above. The contents of this examination shall be determined in
accordance with Article 7 (2) (c) of Annex III.

(2)
The Appointing Authority shall draw up a draft list of AST officials selected to take part in
the aforesaid training programme on the basis of their periodical reports referred to in Article 43
and their level of education and training and taking account of the needs of the services. This draft
shall be submitted to a joint committee for its opinion.

This  committee  may  hear  officials  who  have  applied  to  take  part  in  the  aforesaid  training
programme, and representatives of the Appointing Authority. It shall, by a majority vote, deliver a
reasoned opinion on the draft list proposed by the Appointing Authority. The Appointing Authority
shall adopt the list of officials who are entitled to take part in the aforesaid training programme.

Appointment to a post in function group AD shall not affect the grade and step occupied by

(3)
the official at the moment of appointment.

(4)
The number of appointments to posts in function group AD as laid down in paragraphs (1)
to (4) above shall not exceed 20% of the total number of appointments made per year in accordance
with the second paragraph of Article 30.

The institutions shall adopt general provisions for implementing this article in accordance

(5)
with Article 110.”

24

Article 46

An official appointed to a higher grade in accordance with Article 45 shall be placed in the initial
step in that grade. However, officials in grades AD 9 to AD 13 carrying out the duties of head of
unit  who  are  appointed  to  a  higher  grade  in  accordance  with  Article  45  shall  be  placed  in  the
second step of the new grade. The same arrangement shall apply to any official:

- who upon promotion is appointed director or director-general or

-  who  is  director  or  director-general  and  to  whom  the  last  sentence  of  the  second  paragraph  of
Article 44 applies.”

46. 

Article 48 is amended as follows:

In  the  third  paragraph,  “category  A  and  in  the  Language  Service”  is  replaced  by

(a)
“function group AD”

(b)

In the third paragraph, “the other categories” is replaced by “function group AST”.

47. 

48. 

In the first paragraph of Article 49, the reference to Article 13 is deleted.

Article 50 is amended as follows:

In the first paragraph the phrase “An official holding a post in grades A 1 or A 2” is
In  the  third  paragraph,

(a)
replaced by “A senior official as defined in Article 29(2)”. (b)
"in his category or service" is deleted.

(b)

The fifth paragraph is replaced by the following paragraphs:

"The person concerned shall be required to provide on request written proof and to notify
his or her institution of any factor that may affect entitlement to the benefit.

The allowance shall not be subject to a correction coefficient.

49. 

Article  45,  third  to  fifth  paragraphs,  of Annex VIII  shall  apply  by  analogy."The  title  of
Section  4,  “Dismissal  for  incompetence”,  is  replaced  by  “Procedures  for  dealing  with
incompetence”.

50. 

Article 51 is replaced by the following:

“Article 51

1. Each institution shall define procedures to identify, deal with and remedy cases of incompetence
in a timely and positive fashion. Once these procedures have been  exhausted,  an  official  who, on
the basis of consecutive career development reports, still proves incompetent in the performance of
his duties may be dismissed, downgraded or classified in a lower function group at the same grade
or a lower grade.

2. Any proposal to dismiss, downgrade or classify an official in a lower function group shall set out
the reasons on which it is based and shall be communicated to the official concerned. The proposal
from  the  Appointing  Authority  shall  be  referred  to  the  Joint  Advisory  Committee  referred  to  in
Article 9(6).

25

3.  The  official  shall  have  the  right  to  obtain  his  complete  personal  file  and  to  take  copies  of  all
documents relating to the procedure. He shall have at least fifteen days from the date of receipt of
the proposal to prepare a defence. He may be assisted by a person of his choice. The official may
submit written comments. He shall be heard by the Joint Advisory Committee. The official may also
call witnesses.

4.  The  institution  shall  be  represented  before  the  Joint  Advisory  Committee  by  an  official
designated for that purpose by the Appointing Authority. That official shall have the same rights as
the official concerned.

5. In the light of the proposal and any written and verbal statements from the official concerned or
from witnesses, the Joint Advisory Committee shall deliver by a majority a reasoned opinion stating
the measure which it considers appropriate in the light of the facts established at its request. It shall
forward that opinion to the Appointing Authority and to the official concerned within two months of
the date on which the matter is referred to it. The chairman shall not vote on decisions of the Joint
Advisory Committee, except in procedural matters and where votes are tied.

The Appointing Authority shall take a decision within two months of receipt of the Joint Advisory
Committee’s opinion, after hearing the official. The decision shall be substantiated. It shall indicate
the date on which it takes effect.

6. An official dismissed for incompetence shall, for the period defined in paragraph 7, be entitled to
a monthly dismissal  allowance equal  to the basic  monthly salary  of an official in the first step of
grade 1. The official shall also be entitled during the same period to the family allowances provided
for in Article 67 of the Staff Regulations. The household allowance shall be calculated on the basis
of the basic monthly salary of an official in grade 1 in accordance with Article 1 of Annex VII.

The allowance shall not be paid if the official resigns after the start of the procedure referred to in
paragraphs 1, 2 and 3 or if he is entitled to the immediate payment of a full pension. If he is entitled
to unemployment benefit under a national unemployment scheme, the amount of that benefit shall
be deducted from the above allowance.

7. The period during which the payments referred to in paragraph 6 are to be made shall be:

- three months where the official has completed less than five years' service at the date on which the
dismissal decision is taken;

- six months where the official has completed at least five years' service but less than ten;

- nine months where the official has completed at least 10 years' service but less than 20;

- 12 months where the official has completed over 20 years' service.

8.  Officials  who  are  downgraded  or  classified  in  a  lower  function  group  on  grounds  of
incompetence may after a period of six  years  ask for  all  references  to that  measure to be deleted
from their personal files.

9. Officials shall be entitled to reimbursement of reasonable expenses incurred on their initiative in
the course of the proceedings, including  fees  payable to a  defending  adviser  not belonging to the
institution,  where  the  proceedings  provided  for  in  this  article  end  without  any  decision  being
takento dismiss, downgrade or classify the official in a lower function group.”

51. 

The first paragraph of Article 52 is amended as follows:

26

In the second indent, "at least 60" shall be replaced by "at least 63", and "between

(a)
50 and 60" shall be replaced by "between 55 and 63".

The  second  paragraph  shall  be  added  as  the  last  sentence  to  the  first  paragraph,

(b)
second indent.

(c)

The following new second paragraph is added:

"However, an official may at his own request and provided that the appointing authority considers
that the request is in the interest of the service, carry on working until the age of 67 in which case he
shall be retired automatically on the last day of the month in which he reaches that age".

52. 

In Article 54, “career bracket or the next higher bracket” is replaced by

“grade or the next higher grade”.3]

53. 

Article 55a is replaced by the following:

1. An official may request authorisation to work part time.

“Article 55a

The Appointing Authority may grant such authorisation if this is compatible with the interests of the
service.

2. The official shall be entitled to authorisation in the following cases:

- to care for a child under 9 years of age,

- to care for a child aged between 9 and 12, if the reduction in working time is no more than 20 %
of normal working time,

-  to  care  for  a  seriously  ill  or  handicapped  spouse,  relative  in  the  ascending  line,  relative  in  the
descending line, brother or sister,

- to take part in further training, or

- as of the age of 55.

Where part-time is requested in order to  take  part  in further training,  or  as of the  age of 55,  the
Appointing  Authority  may  refuse  authorisation  or  postpone  its  date  of  effect  only  in  exceptional
circumstances and for overriding service-related reasons.

Where such entitlement to authorisation is exercised to care for a seriously  ill spouse,  relative in
the  ascending  line,  relative  in  the  descending  line,  brother  or  sister,  or  to  take  part  in  further
training, the total of all such periods shall not exceed five years over the official's career."

3. The Appointing Authority shall reply to the official's request within 60 days.

4. The rules governing part-time work and the procedure for granting authorisation are laid down
in Annex IVa.”

54. 

The following Article is inserted after Article 55a:

27

“Article 55b

An  official  may  request  authorisation  to  work  half-time  in  the  form  of  job-sharing  in  a  post
identified by the Appointing Authority as appropriate for that purpose. The authorisation to work
half-time  by  job-sharing  shall  not  be  limited  in  time.  It  may,  however,  be  withdrawn  by  the
Appointing Authority in the interests of the service giving the official six months' notice. Likewise,
the  Appointing  Authority  may,  on  application  of  the  official  concerned  and  giving  at  least  six
months'  notice,  withdraw  the  authorisation.  In  this  case,  the  official  may  be  transferred  to  a
different post.

Article 59a and, except for the third sentence of paragraph 2, Article 3 of Annex IVa shall apply.

The Appointing Authority may lay down detailed rules for the application of these provisions.”

55. 

Article 56 is amended as follows:

In the second paragraph, “Categories A and B and in the Language Service” is

(a)
replaced by “function group AD, and in function group AST 5 to 11".

(b)

In the third paragraph, “Categories C and D” is replaced by "grade AST 1 to AST 4".

56. 

The following article is inserted after Article 56b:

“Article 56c

Special  allowances  may  be  granted  to  certain  officials  to  compensate  for  particularly  arduous
working conditions.

The Council shall, on a proposal from the Commission presented after seeking the opinion of the
Staff Regulations Committee, determine the categories of beneficiaries, and the rates and conditions
of such special allowances.”

57. 

Article 58 is replaced by the following:

“Article 58

Pregnant women shall, in addition to the leave provided for in Article 57, be entitled on production
of a medical certificate  to  twenty  weeks  of  leave.  The  leave  shall  start  not  earlier  than  six  weeks
before the expected date of confinement shown in the certificate and end not earlier than 14 weeks
after  the  date  of  confinement.  In  the  case  of  multiple  or  premature  birth  or  the  birth  of  a
handicapped  child,  the  duration  shall  be  of  24  weeks.  Premature  birth  for  the  purposes  of  this
provision is a birth taking place before the end of the 34th week of pregnancy.”

58. 

Article 59 is replaced by the following:

“1. An official who provides evidence of being unable to carry out his duties by reason of illness or
accident shall be entitled to sick leave.

The official concerned  shall notify his institution of his incapacity as soon  as  possible  and  at  the
same time state his current address. He shall produce a medical certificate if he is absent for more
than three days. This certificate must be sent on the fifth day of absence at the latest, as evidenced

28

by the date as postmarked. Failing this, and unless failure to send the certificate is due to reasons
beyond his control, the official's absence shall be considered as unauthorised. He may at any time
be  required  to  undergo  a  medical  examination  arranged  by  the  institution.  If  the  examination
cannot  take  place  for  reasons  attributable  to  the  official,  his  absence  shall  be  considered  as
unauthorised as from the date that the examination is due to take place. If the finding made in the
examination  is  that  the  official  is  able  to  carry  out  his  duties,  his  absence  shall,  subject  to  the
following sub-paragraph, be regarded as unjustified from the date of the examination.

If  the  official  considers  the  conclusions  of  the  medical  examination  arranged  by  the  Appointing
Authority to be unjustified on medical grounds, he or a doctor acting on his behalf may within two
days submit to the institution a request that the matter be referred to an independent doctor for an
opinion. The institution shall immediately transmit the request to another doctor agreed upon by the
official's doctor and the institution's medical officer. Failing such agreement within five days of the
request, the institution shall select a person from a list of independent doctors to be established for
this  purpose  each  year  by  common  consent  of  the  Appointing  Authority  and  the  Staff  Committee.
The  official  may  within  two  working  days  object  to  the  institution's  choice,  whereupon  the
institution shall choose another person from the list, which choice shall be final. The independent
doctor's opinion given after consultation of the official's doctor and the institution's medical officer
shall  be  binding.  Where  the  independent  doctor's  opinion  confirms  the  conclusion  of  the
examination arranged by the institution, the absence shall be treated as unjustified from the date of
that examination. Where the independent doctor's opinion does not confirm the conclusion of that
examination, the absence shall be treated for all purposes as having been justified.

2. If, over a period of 12 months, an official is absent for up to three days because of sickness for a
total of more than 12 days, he shall produce a medical certificate for any further absence because
of sickness. His absence shall be considered to be unjustified as from the thirteenth day of absence
on account of sickness without a medical certificate.

3. Without prejudice to the application of the rules on disciplinary proceedings, where appropriate,
any  absence  considered  to  be  unjustified  under  paragraphs  1  and  2  shall  be  deducted  from  the
annual  leave  of  the  official  concerned.  In  the  event  that  the  official  has  no  outstanding  leave
entitlement, he shall lose the benefit of his remuneration for the corresponding period.

4. The Appointing Authority may  refer  to  the  Invalidity  Committee  the  case  of  any  official  whose
sick leave totals more than 12 months in any period of three years.

5. An official may be required to take leave after examination by the institution’s medical officer if
his  state  of  health  so  requires  or  if  a  member  of  his  household  is  suffering  from  a  contagious
disease.

In cases of dispute, the procedure laid down in the third subparagraph of paragraph 1 shall apply.

6. Officials shall undergo a medical check-up every year either by the institution’s medical officer
or by a medical practitioner chosen by them.

In the latter case, the practitioner’s fees shall be payable by the institution up to a maximum fixed
for  a  period  of  no  more  than  three  years  by  the  Appointing  Authority  after  consulting  the  Staff
Regulations Committee.

59. 

Article 59a is replaced by the following:

29

The annual leave of an official  who is  authorised  to  work part time shall, for as long as he is so
authorised, be reduced proportionally.”

“Article 59a

59a

In Article 66 the table is replaced by the following7:

Grade

1

2

Step

3

4

5

16

15

14

13

12

11

10

9

8

7

6

5

4

3

2

1

13 917.93

14 502.78

15 112.21

12 301.13

12 818.04

13 356.67

13 728.27

13 917.93

10 872.14

11 329.00

11 805.06

12 133.50

12 301.13

9 609.16

10 012.95

10 433.70

10 723.99

10 872.14

8 492.89

8 849.77

9 221.65

9 478.21

9 609.16

7 506.29

7 821.72

8 150.40

8 377.16

8 492.89

6 634.31

6 913.09

7 203.59

7 404.01

7 506.29

5 863.62

6 110.02

6 366.77

6 543.90

6 634.31

5 182.46

5 400.24

5 627.16

5 783.72

5 863.62

4 580.43

4 772.91

4 973.47

5 111.84

5 182.46

4 048.34

4 218.45

4 395.72

4 518.01

4 580.43

3 578.05

3 728.41

3 885.08

3 993.17

4 048.34

3 162.40

3 295.29

3 433.76

3 529.29

3 578.05

2 795.03

2 912.48

3 034.87

3 119.31

3 162.40

2 470.34

2 574.15

2 682.32

2 756.95

2 795.03

2 183.37

2 275.12

2 370.72

2 436.68

2 470.34

60. 

Article 66a is replaced by the following

1.  By  way  of  derogation  from  Article  3(1)  of  Regulation  (EEC,  Euratom,  ECSC)  No
260/68, a temporary measure regarding remuneration paid by the Communities to staff in
active employment, to be known as the "special levy", shall be applied from [1 May 2004]
to [31 December 2012].

7

The  amounts  concerning  remuneration  in  Annexes  I  and  II  are  based  on  the  amounts  specified  in  the  Staff
Regulations in [July 2001] and shall be updated automatically on the basis of the adjustments of those amounts
decided by the Council between [July 2001] and the date of entry into force of this Regulation.

30

                                                
2. (a) The rate of this special levy, which shall apply to the base  defined in paragraph 3,
shall be as follows:

From 1.5.2004 to 31.12.2004

2.50%

From 1.1.2005 to 31.12.2005

2.93%

From 1.1.2006 to 31.12.2006

3.36%

From 1.1.2007 to 31.12.2007

3.79%

From 1.1.2008 to 31.12.2008

4.21%

From 1.1.2009 to 31.12.2009

4.64%

From 1.1.2010 to 31.12.2010

5.07%

From 1.1.2011 to 31.12. 2012

5.50%

(b) The Council, acting in accordance with the procedure laid down in Article 283 of the
EC  Treaty  after  consulting  the  other  institutions  concerned,  may,  if  appropriate,  in  the
context of the review provided for in Article 15(2) of Annex XI to the Staff Regulations,
alter  the  rate  of  the  special  levy  referred  to  in  point  (a)  on  the  basis  of  a  report  and  a
proposal from the Commission.

3. (a) The base for the special levy shall be the basic salary used to calculate remuneration,
minus:

– social security and pension contributions and the tax, before special levy, payable by an
official in the same grade and step without dependants within the meaning of Article 2 of
Annex VII to the Staff Regulations

and

– an amount equal to the basic salary of an official in grade 1, step 1.

(b) The components used to determine the base  for the special levy shall be expressed in
euro and weighted at 100.

4. The special levy shall be deducted monthly at source; the proceeds shall be entered  as
revenue in the general budget of the Communities.

61. 

62. 

In Article 68a ,“half-time” is replaced by “part time”.

Article 70 is amended as follows:

(a)

In the second paragraph, “or an invalidity allowance”

is inserted after

“pension”.

In  the  second  paragraph,  “or  allowance  “  is  inserted  after  “in  respect  of  the

(b)
deceased's pension “.

31

63. 

64. 

Article 70a is deleted.

Article 72 is amended as follows:

(a)

The following subparagraphs are inserted after the first subparagraph of paragraph 1:

“The unmarried partner of an official shall be treated as the spouse under the sickness insurance
scheme, where the first three conditions in Article 1(2)(c) of Annex VII are met.

The institutions may, under the Rules referred to in the first subparagraph, confer on one of their
number the power to lay down  the rules  governing  the  reimbursement  of  expenses  in  accordance
with the procedure laid down in Article 110.”

(b)

In paragraph 1a, first sentence,

“he cannot be covered by any other public scheme of sickness insurance” is replaced by:
“he is not in gainful employment”.

(c)

In paragraph 1b,

“he or she cannot be covered by any other public scheme of sickness insurance”

is replaced by:

“he or she is not in gainful employment”.

(d)

Paragraph 2 is amended as follows:

- “invalidity pension” is replaced by “invalidity allowance”.
- "60" is replaced by "63"

(e)

Paragraph 2a is replaced by the following:

“2a.  The  following  shall  likewise  be  entitled  to  the  benefits  provided  for  in  paragraph  1,  on
condition that they are not in gainful employment:

- former officials entitled to retirement pensions who leave the service of the Communities before
reaching the age of 63,

- persons entitled to a survivor's pension as a result of the death of a former official who left the
service of the Communities before reaching the age of 63.

The contribution referred to in paragraph 1 shall be calculated by reference to the former official’s
pension before application, where appropriate, of the reduction coefficient provided for in Article 9
of Annex VIII to the Staff Regulations.

However,  persons  entitled  to  an  orphan’s  pension  shall  not  receive  the  benefit  provided  for  in
paragraph  1  unless  they  apply  for  it.  The  contribution  shall  be  calculated  by  reference  to  the
orphan's pension.”

(f)

The following paragraphs are inserted after paragraph 2a:

2b. In the case of persons entitled to a retirement pension or a survivor’s pension, the contribution
referred to in paragraphs 2 and 2a may not be less than that calculated by reference to the basic
salary corresponding to the first step in grade 1.

32

2c. Officials dismissed in accordance with Article 51 and not entitled to a retirement pension shall
likewise  be  entitled  to  the  benefits  provided  for  in  paragraph  1,  on  condition  that  they  are  not
gainfully  employed  and  that  they  bear  half  the  contribution  calculated  by  reference  to  their  last
basic salary.”

64a.

In Article 76 "a disability or" is inserted after "reason of".

64b.

The following new article is inserted after Article 76:

"Article 76a

A surviving spouse who has a serious or protracted illness or who is disabled may receive financial
aid  increasing  the  pension  from  the  institution  for  the  duration  of  the  illness  or  disability  on  the
basis  of  an  examination  of  the  social  and  medical  circumstances  of  the  person  concerned.  Rules
implementing this article shall be fixed by common accord between the institutions, after consulting
the Staff Regulations Committee."

65. 

The heading of Chapter 3 in Title V is replaced by “Pensions and invalidity allowance”.

65a

Article 77 is amended as follows:

(a)

In the first paragraph, "60" is replaced by "63".

(b)
In  the  second  paragraph,  the  second  and  third  sentences  are  replaced  by  the  following
sentence: "1.90% of this final basic salary shall be payable to an official for each year of service
reckoned in accordance with Article 3 of Annex VIII".

(c)

In the fifth paragraph, "60" is replaced by "63".

66. 

Article 78 is amended as follows:

In the first paragraph, “pension” is replaced by “allowance” and “career bracket” is

(a)
replaced by “function group”.

(b)

The second to fifth paragraphs are replaced by the following:

“Article 52  shall  apply  by  analogy  to  recipients  of  an  invalidity  allowance.  If  the  recipient  of  an
invalidity  allowance  retires  before  the  age  of  65  without  having  reached  the  maximum  pension
entitlement, the general rules on retirement pensions shall be applied. The amount of the retirement
pension shall be based on the salary for the grade and step occupied by the official when he became
an invalid.

The invalidity allowance shall be equal to 70% of the official's last basic salary. However, it may
not be less than the minimum subsistence figure.

The recipient of an invalidity allowance shall pay a contribution to the pension scheme, calculated
on the basis of that allowance.

Where the invalidity arises from an accident in the course of or in connection with the performance
of an official's duties, from an occupational disease, from a public-spirited act or from risking his
life  to  save  another  human  being,  the  invalidity  allowance  may  not  be  less  than  120%  of  the
minimum subsistence figure. In such cases, moreover, contributions to the pension scheme shall be
paid in full from the budget of the institution or body referred to in Article 1b.”

33

67. 

Article 79 is amended as follows:

In  the  first  and  second  paragraphs,  “widow”  is  replaced  by  “surviving  spouse”  and

(a)
“her husband” is replaced by “the deceased”.

In the first paragraph “of the retirement or invalidity pension” is replaced by “of the

(b)
retirement pension or invalidity allowance”.

68. 

69. 

Article 79a is deleted.

Article 80 is amended as follows:

In the first paragraph, “a retirement or invalidity pension” is replaced by “a

(a)
retirement pension or invalidity allowance” and “the dependent children within the
meaning of Article 2 of Annex VII” is replaced by “the children dependent on the deceased
within the meaning of Article 2 of Annex VII at the time of his death”.

In the third paragraph, "a retirement or invalidity pension" is replaced by "a

(b)
retirement pension or invalidity allowance".

(c)

The fourth paragraph is replaced by the following:

“For  persons  treated  as  dependent  children  within  the  meaning  of  Article  2(4)  of  Annex  VII,  the
orphan's pension may not exceed an amount equal to twice the dependent child allowance.”

(d)

The following new paragraph 5 is inserted after the fourth paragraph:

“Where  a  child  has  been  adopted,  the  death  of  the  natural  parent  who  has  been  replaced  by  the
adoptive parent shall not give rise to payment of an orphan's pension.”

(e)

Paragraph 5 becomes paragraph 6. In this paragraph "60" is replaced by "63"

(f)

The following paragraph 7 is added:

“Persons in receipt of an orphan's pension may not receive more than one such pension from the
Community. Where a surviving child has entitlement to more than one Community pension, he shall
receive the pension providing the higher or highest amount.”

70. 

The first paragraph of Article 81 is amended as follows:

(a)

“payable at the age of 60 years or later” is deleted.

“invalidity pension” is replaced by “invalidity allowance”.(c)

(b)
allowance" is inserted between "by reference to the pension" and "of the recipient".

"or 

the

The  following  sentence  is  added:  “These  allowances  shall  be  paid  to  recipients  of  a  survivor's
pension only in respect of the children dependent on the deceased official or former official at the
time of death.”

70a. Article 81a(1) is amended as follows:

(a)

(i)

Paragraph 1 is amended as follows:

In (c), "invalidity pension" is replaced by "invalidity allowance".

34

(ii)

(b)

In (d) "60" is replaced by "63".

In the second subparagraph of paragraph 3 ", third and fourth" is replaced by "and third".

71. 

Article 82 is amended as follows:

(a)

Paragraph 1 is amended as follows:

i.

The second and third subparagraphs are replaced by the following subparagraph:

"No correction coefficient shall be applicable to pensions."

ii.

i.

ii.

iii.

In the fourth subparagraph, “in the manner provided for in the second paragraph of Article
63 of the Staff Regulations” is deleted.

(b)

Paragraph 2 is amended as follows:

“Should the Council, in accordance with Article 65(1), decide” is replaced by “Where the
Council, in accordance with Article 65(1), decides”.

“increase remunerations” is replaced by “adapt remunerations”.

“it shall, acting in accordance with the procedure set out in Article 65(3), at the same time
decide on an appropriate increase in pensions.” is replaced by “the same adaptation shall
be applied to pensions.”

(c)

The following paragraph 3 is added:

“3.  The  provisions  of  paragraphs  1  and  2  shall  apply  by  analogy  to  recipients  of  an  invalidity
allowance.”.

72. 

Article 83 is amended as follows:

(a)

(b)

In paragraph 2, "8.25%" is replaced by "9.25 %".

Paragraph 4 is deleted.

73. 

The following article is inserted:

“Article 83a

“1. The scheme shall be kept in balance in accordance with the detailed rules set out in Annex XII.

2. Decentralised Community bodies not funded out of the budget of the Communities shall pay into
that budget the entire amount of the contributions needed to finance the scheme.

3.  On  the  occasion  of  the  five-yearly  actuarial  assessment  in  accordance  with  Annex  XII  and  in
order to ensure the balance of the scheme, the Council shall decide on the rate of contribution and
any change to the pensionable age.

4.  Each  year  the  Commission  shall  present  to  the  Council  an  updated  version  of  the  actuarial
assessment, in accordance with Article 1(2) of Annex XII. Where it is shown that there is a gap of at
least  0.25  points  between  the  rate  of  contribution  currently  applied  and  the  rate  required  to

35

maintain  actuarial  balance,  the  Council  shall  consider  whether  the  rate  should  be  adapted,  in
accordance with the arrangements laid down in Annex XII.

5.  For  the  purposes  of  paragraphs  3  and  4  of  this  article,  the  Council  shall  act  by  a  qualified
majority on a proposal from the Commission as provided for in the first indent of Article 205(2) of
the  Treaty  establishing  the  European  Community.  For  the  purposes  of  paragraph  3,  the
Commission’s proposal shall be presented after consultation of the Staff Regulations Committee.”

74. 

In Article 85 the following paragraph is added:

“The request for recovery must be made no later than five years from the date on which the sum
was paid. Where the Appointing Authority is able to establish that the recipient deliberately misled
the administration with a view to obtaining the sum concerned, the request for recovery shall not be
invalidated even if this period has elapsed.”

75. 

76. 

In Article 85a(2), sixth indent, “invalidity pensions” is replaced by “invalidity allowances”.

Article 86(2) and (3) are replaced by the following:

“2. Where the Appointing Authority or the Anti-Fraud Office becomes aware of evidence of failure
within the meaning of paragraph 1, they may launch administrative investigations to verify whether
such failure has occurred.

“3.  Disciplinary  rules,  procedures  and  measures  and  the  rules  and  procedures  covering
the  Staff  Regulations.”
administrative 

investigations  are 

laid  down 

in  Annex 

IX 

to 

77. 

78. 

79. 

Articles 87, 88 and 89 are deleted.

Article 90(3) is deleted.

The following articles are inserted:

“Article 90a

Any  person  to  whom  these  Staff  Regulations  apply  may  submit  to  the  Director  of  the  Anti-Fraud
Office a request within the meaning of Article 90(1), asking the Director to take a decision relating
to him in connection with investigations by the Office. Such person may also submit to the Director
of the Anti-Fraud Office a complaint within the meaning of Article 90(2) against an act adversely
affecting him in connection with investigations by the Office.

Article 90b

Any  person  to  whom  these  Staff  Regulations  apply  may  submit  to  the  European  Data  Protection
Supervisor a request or a complaint within the meaning of Article 90(1) and (2), within his sphere
of competence.

Requests  and  complaints  relating  to  the  areas  to  which  Article  2(2)  has  been  applied  shall  be
lodged with the Appointing Authority entrusted with the exercise of powers.”

Article 90c

36

80. 

In Article 91a,

the first sentence is deleted;

The second sentence is amended to read:

Any appeals relating to the areas in which Article 2(2) has been applied shall be made against the
institution to which the Appointing Authority entrusted with the exercise of powers is answerable.”

81. 

Articles 92, 93 and 94 are replaced by the following:

“Article 92

This Title lays down the special provisions applicable to officials of the Communities who occupy
posts paid from appropriations in the research and investment budget and classified in accordance
with Annex I.A.

Article 93

Special  allowances  may  be  granted  to  certain  officials  covered  by  Article  92  to  compensate  for
particularly arduous working conditions.

The Council shall, on a proposal from the Commission, determine the rates and conditions of such
special allowances and the staff who shall receive them.

Article 94

By  way  of  derogation  from  the  second  paragraph  of  Article  56a  and  the  second  paragraph  of
Article  56b,  and  in  exceptional  cases  only  because  of  the  exigencies  of  the  service,  safety
regulations  or  national  or  international  obligations,  the  Appointing  Authority  shall  designate  the
officials covered by Article 92 who shall be entitled to benefit from the provisions of these articles.”

82. 

83. 

Articles 95, 96, 97, 98, 99, 100, 101, 102, 106 and 107 are repealed.

The following article is inserted:

“Article 107a

Transitional provisions are set out in Annex XIII.”

84. 

Article 110 is amended as follows:

The first paragraph becomes paragraph 1, the second paragraph becomes paragraph 3

(a)
and the third paragraph becomes paragraph 4.

(b)

In paragraph 1 the following sentence is added:

“Agencies  shall  adopt  the  appropriate  implementing  rules  for  giving  effect  to  these  Staff
Regulations,  after  consultation  of  the  relevant  Staff  Committee  and  in  agreement  with  the
Commission.”

37

(c)

The following paragraph 2 is inserted:

“2. For the purposes of the adoption of rules by agreement between the institutions, agencies shall
not  be  treated  as  institutions.  However,  the  Commission  shall  consult  the  agencies  before  the
adoption of these rules.”

(c)

In paragraph 4 the following sentence is added:

“Agencies shall be jointly represented in these consultations in accordance with rules to be fixed by
agreement between them.”

85. 

Annex I is replaced by the following:

A. Types of posts in each function group, as provided for in Article 5(3)

Function group AD

Function group AST

AD 16

AD 15

AD 14

Director-General

Director-General/
Director

Administrator working
for example as :

Director/
Head of unit/
Adviser/
linguistic expert ;
economic expert ; legal
expert ; medical expert ;
veterinary expert ;
scientific expert ; research
expert ; financial expert,
audit expert

Administrator working
for example as :

AD 13

Head of Unit/
Adviser/
linguistic expert ;
economic expert ; legal
expert ; medical expert ;
veterinary expert ;
scientific expert ; research
expert ; financial expert,
audit expert

Administrator working
for example as :

AD 12

Head of Unit/
principal translator,

38

principal interpreter,
principal economist ;
principal lawyer ;
principal medical officer ;
principal veterinary
inspector ; principal
scientist ; principal
researcher ; principal
financial officer, principal
audit officer

Administrator working
for example as :

Head of Unit/
principal translator,
principal interpreter,
principal economist ;
principal lawyer ;
principal medical officer ;
principal veterinary
inspector ; principal
scientist ; principal
researcher ; principal
financial officer, principal
audit officer

Administrator working
for example as :

Head of Unit/
senior translator; senior
interpreter; senior
economist ; senior
lawyer ; senior medical
officer ; senior veterinary
inspector ; senior
scientist ; senior
researcher ; senior
financial officer, audit
officer

Administrator working
for example as :

Head of Unit/
senior translator; senior
interpreter; senior
economist ; senior
lawyer ; senior medical
officer ; senior veterinary
inspector ; senior
scientist ; senior

Assistant working
for example as :

Personal assistant
(p.a.) ; clerical
officer ; technical
officer ; IT officer

Assistant working
for example as :

Personal assistant
(p.a.) ; clerical
officer ; technical
officer ; IT officer

Assistant working
for example as :

Personal assistant
(p.a.) ; clerical
officer ; technical
officer ; IT officer

AD 11

AST 11

AD 10

AST 10

AD 9

AST 9

39

researcher ; senior
financial officer, audit
officer

Administrator working
for example as :

Translator; interpreter;
economist ; lawyer ;
medical officer ;
veterinary inspector ;
scientist ; researcher ;
financial officer, auditor

Administrator working
for example as :

Translator; interpreter;
economist ; lawyer ;
medical officer ;
veterinary inspector ;
scientist ; researcher ;
financial officer, auditor

Administrator working
for example as :

Junior translator ; junior
interpreter; junior
economist ; junior
lawyer ; junior medical
officer ; junior veterinary
inspector ; junior
scientist ; junior
researcher ; junior
financial officer, junior
auditor

Administrator working
for example as :

Junior translator ; junior
interpreter; junior
economist ; junior
lawyer ; junior medical
officer ; junior veterinary
inspector ; junior
scientist ; junior
researcher ; junior
financial officer , junior
auditor

AD 8

AST 8

AD 7

AST 7

AD 6

AST 6

AD 5

AST 5

40

Assistant working
for example as :

Senior clerk; senior
documentalist ;
senior technician ;
senior IT operative

Assistant working
for example as :

Senior clerk; senior
documentalist ;
senior technician ;
senior IT operative

Assistant working
for example as :

Clerk ;
documentalist ;
technician ; IT
operative

Assistant working
for example as :

Clerk ;
documentalist ;
technician ; IT
operative

AST 4

Assistant working
for example as :

Junior clerk ; junior
documentalist ;
junior technician,
junior IT operative

AST 3

Assistant working
for example as :

Junior clerk ; junior
documentalist ;
junior technician,
junior IT operative

AST 2

Assistant working
for example as :

Filing clerk ;
technical attendant ;
IT attendant.

AST 1

Assistant working
for example as :

Filing clerk ;
technical attendant ;
IT attendant.

41

B. Multiplication rates for guiding average career equivalence

Grade

Assistants Administrators

13

12

11

10

9

8

7

6

5

4

3

2

1

-

-

-

20 %

20 %

25 %

25 %

25 %

25 %

33 %

33 %

33 %

33 %

20 %

25 %

25 %

25 %

25 %

33 %

33 %

33 %

33 %

-

-

-

-

86. 

Annex II is amended as follows:

In  Article  1  the  following  sentence  is  inserted  after  the  first  sentence  of  the

(a)
second paragraph:

“However, the institution may decide that the conditions for election are to be determined in
accordance with the preference of the staff of the institution as expressed in a referendum.”

In  the  fourth  paragraph  of  Article  1,  “all  categories  of  officials  and  of  all

(b)
services” is replaced by “both function groups”.

In  Article  3a,  “the  third  subparagraph  of  Article  2”  is  replaced  by  “Article

(c)
2(2)”.

(d)

The whole of Section 3: Disciplinary Board is deleted.

(e)

Sections 4 and 5 are accordingly renumbered 3 and 4 respectively.

In the first paragraph of Article 10, “and the Staff Committee, each appointing

(f)
the same number” is inserted after “Appointing Authority”.

42

In Article 10, “senior officials of the institution” is replaced by “officials of the

(g)
institution in function group AD.”

(h)

The following section is added:

“Section 5: Joint Advisory Committee for professional incompetence

Article 12

The Joint Advisory Committee for professional incompetence shall comprise a chairman and
at least two members, who shall be officials of grade AD 14 at least. The chairman and the
members  shall  be  appointed  for  a  period  of  three  years.  Half  of  the  members  shall  be
designated by the Staff Committee and half by the Appointing Authority. The chairman shall
be appointed by the Appointing Authority from a list of candidates drawn up in concertation
with the Staff Committee.

When the case concerns an official in grade AD 14 or lower, the Joint Advisory Committee
shall include two further members from the same function group and of the same grade as the
official in question, designated in the same way as the permanent members.

Where  the  Joint  Advisory  Committee  is  called  upon  to  examine  the  case  of  a  senior
management  official  within  the  meaning  of  Article  29(2),  a  special  ad  hoc  Joint  Advisory
Committee  shall  be  set  up,  comprising  two  members  appointed  by  the  Staff  Committee  and
two members appointed by the Appointing Authority, who shall be of a grade at least equal to
that of the official concerned.

The  Appointing  Authority  and  the  Staff  Committee  shall  agree  on  an  ad  hoc  procedure  to
designate  the  further  members  referred  to  in  the  second  paragraph  who  must  sit  for  cases
involving an official posted to a country outside the Union or a member of the contract staff.”

87. 

Annex III is amended as follows:

(a) Article 1(1) is amended as follows:

In point (d) of the second subparagraph "having regard to Article 5 (3) of this

i.
Staff Regulations," is inserted before "the diplomas".

In  the  third  subparagraph,  “the  third  subparagraph  of  Article  2”  is  replaced  by
“Article 2(2)”.

In the second subparagraph, “and the function group and grade offered;” is added to
point (c).

ii.

iii.

(b) Article 3 is amended as follows:

i.

The first subparagraph is replaced by the following:

“The Selection Board shall consist of a chairman designated by the Appointing Authority and
of  members  designated  by  the  Appointing  Authority  and  the  Staff  Committee,  each
designating the same number.”

43

ii.

In  the  second  subparagraph,  “the  third  subparagraph  of  Article  2”  is  replaced  by
“Article 2(2)”.

iii.

In the fourth paragraph,

“function group and” is added after “whose”.

iv.

The following fifth paragraph is added:

“If a selection board consists of more than four members, it shall comprise at least two members of
each gender”.

v. The following article is added after Article 6:

“Article 7

1. The institutions shall, after consultation of the Staff Regulations Committee, entrust the
European Communities Personnel Selection Office with responsibility for taking the
necessary measures to ensure that uniform standards are applied in the selection procedures
for officials of the Communities and in the examination procedures referred to in Article 45a.

2. The Office's task shall be to

(a)

organise, at the request of individual institutions, open competitions;

provide, at the request of individual institutions, technical support for internal

(b)
competitions organised by them;

(c)
determine the contents of all examinations organised by the institutions in order to
ensure that the requirements of Article 45a (1)(c) are met in a harmonised and consistent
manner.

3. The Office may, at the request of individual institutions, perform other tasks linked to the
selection of officials."

88. 

The sole article of Annex IV is amended as follows:

(a)

(b)

(c)

In paragraphs 1 and 1a, "60" is replaced by "63".

Paragraph 1a becomes paragraph 4.

In  the  first  subparagraph  of  paragraph  4,  “referred  to  in  Articles  41  and  50  of  the
Staff  Regulations”  is  inserted  after  “official”  and  “cannot  be  covered  by  any  other
public scheme against the same risks” is replaced by “is not gainfully employed.”

89. 

Annex IVa is replaced by the following:

“Annex IVa

Part-time work

44

Article 1

The request for authorisation to work part time shall be submitted by the official through the
official's  immediate  superior  at  least  two  months  before  the  requested  date,  except  in  duly
justified urgent cases.

Authorisation  may  be granted  for  a minimum  of  one  month  and  a  maximum  of  three  years,
without  prejudice  to  the  cases  referred  to  in  Articles  15  and  the  fifth  indent  of  the  third
subparagraph of Article 55a(1).

The authorisation may be renewed on the same terms. Applications for renewal shall be made
by  the  official  concerned  at  least  two  months  before  expiry  of  the  period  for  which  the
authorisation was granted. Part-time work may not be less than half the normal working time.

A  period  of  part-time  work  shall  start  on  the  first  day  of  a  month,  except  in  duly  justified
cases.

Article 2

The  Appointing  Authority  may,  at  the  request  of  the  official  concerned,  withdraw  the
authorisation before expiry of the period for which it is granted. The date of withdrawal may
not be more than two months after the date proposed by the official or four months after that
date if the part-time work was authorised for more than one year.

The  Appointing  Authority  may,  in  exceptional  cases  and  in  the  interests  of  the  service,
withdraw the authorisation before  the  expiry  of  a  period  for  which  it  is  granted,  giving  the
official two months' notice.

Article 3

An  official  shall  be  entitled,  during  the  period  for  which  part-time  work  is  authorised,  to  a
percentage of his remuneration corresponding to the percentage of the normal time worked.
However,  the  percentage  shall  not  be  applied  to  the  dependent  child  allowance,  the  basic
amount of the household allowance or the education allowance.

Contributions to the sickness insurance scheme shall be calculated by reference to the basic
salary payable to an official working full time. Contributions to the pension scheme shall be
calculated  by  reference  to  the  basic  salary  received  by  an  official  working  part  time.  The
official may also request that contributions to the pension scheme be calculated by reference
to  the  basic  salary  payable  to  an  official  working  full  time,  in  accordance  with  Article  83.
Acquired  pension  rights,  for  the  purposes  of  Articles  2,  3  and  5  of  Annex  VIII,  shall  be
calculated in proportion to the percentage of contributions paid.

During  the  period  of  part-time  work,  the  official  may  not  work  overtime  or  engage  in  any
gainful  activity,  other  than  an  activity  in  accordance  with  Article  15  of  these  Staff
Regulations.

45

Article 4

Notwithstanding the first sentence of the first paragraph of Article 3, officials aged over 55
authorised  to  work  half  time  in  preparation  for  retirement  shall  receive  a  reduced  basic
salary equal to the higher of the two amounts obtained by applying the following percentages
to the full-time basic salary:

- either 60%

- or the percentage corresponding to years of service within the meaning of Articles 2, 3, 4, 5,
9 and 9a of Annex VIII at the beginning of the period of half-time work, plus 10%.

Officials  who  make  an  application  under  this  Article  shall  be  required,  when  they  cease  to
work  half-time,  either  to  retire  or  to  repay  the  amount  exceeding  50%  of  the  basic  salary
received during the period of half-time work.

The  Appointing  Authority  may  lay  down  detailed  rules  for  the  application  of  these
provisions.”

Article 5

90. 

Annex V is amended as follows:

(a) Article 6 is amended as follows:

i.

ii.

In the seventh indent of the first paragraph, “birth or” is deleted.

The following indents are inserted after the seventh indent of the first paragraph:

“- birth of a child: 10 days, to be taken during the fourteen weeks following birth;

- death of the wife during maternity leave: a number of days corresponding to the remaining
maternity  leave;  if  the  deceased  wife  is  not  an  official,  the  remaining  maternity  leave  is
determined by applying the provisions of Article 58 of the Staff Regulations, by analogy.”

iii.

The following indent is inserted after the former eighth indent of the first paragraph:

“- very serious illness of a child, as certified by a doctor, or hospitalisation of a child aged 12
or under: up to five days;”.

iv.

The following indents are inserted after the former ninth indent of the first paragraph:

“-  adoption  of  a  child:  20  weeks,  rising  to  24  weeks  in  the  case  of  the  adoption  of  a
handicapped child:

Every adopted child shall confer entitlement to only one period of special leave, which may be
shared  between  the  adoptive  parents  if  both  are  officials.  It  shall  be  granted  only  if  the
official's spouse engages in a gainful  activity at least half-time. If  the  spouse  works  outside
the  EU  institutions  and  benefits  from  comparable  leave,  a  corresponding  number  of  days
shall be deducted from the official's entitlement.

The  Appointing  Authority  may,  in  case  of  necessity,  grant  additional  special  leave  in  cases
where the national legislation of the country in which the adoption procedure takes place and

46

which is not the country of employment of the adopting official requires a stay of one or both
adoptive parents.

Special leave of 10 days shall be granted if the official does not benefit from the full special
leave of 20 or 24 weeks by reason of the first sentence of this indent; this additional special
leave shall be granted only once for each adopted child.”

v.

The following paragraph is added:

“For the purposes of this article, the unmarried partner of an official shall be treated as the
spouse where the first three conditions in Article 1(2)(c) of Annex VII are met.”

(b) Article 7 is amended as follows:

The second and third paragraphs are deleted.

The former fifth paragraph is replaced by the following:

i.

ii.

“The  preceding  provisions  shall  apply  to  officials  whose  place  of  employment  is  within  the
territories of the  Member  States.  If  the  place  of  employment  is  outside  these  territories,  the
travelling  time  shall  be  fixed  by  special  decision  taking  into  account  particular  needs.”

91. 

In Articles 1 and 3 of Annex VI, “categories C and D” is replaced by “grade AST 1
to AST 4”.

92. 

Annex VII is amended as follows:

(a) Article 1 is amended as follows:

i.

Paragraph 1 is replaced by the following:

“1. The household allowance shall be set at a basic amount of €[140,27]8, plus 2%
of an official's basic salary.”

ii.

iii.

Paragraph 2 (c) becomes paragraph 2 (d).

In paragraph 2, a new point (c) is inserted:

“(c) an official who is registered as a stable non-marital partner, provided that:

- the couple  produces a legal  document recognised as  such  by  a  Member  State,  or
any  competent  authority  of  a  Member  State,  acknowledging  their  status  as  non-
marital partners,

- neither partner is in a marital relationship or in another non-marital partnership,

-  the  partners  are  not  related  in  any  of  the  following  ways:  parent,  child,
grandparent,  grandchild,  brother,  sister,  aunt,  uncle,  nephew,  niece,  son-in-law,
daughter-in-law;

8

See footnote 7.

47

                                                
- the couple has no access to legal  marriage in a Member State; a  couple shall  be
considered  to  have  access  to  legal  marriage  for  the  purposes  of  this  indent  only
where the members of the couple meet all the conditions laid down by the legislation
of a Member State permitting marriage of such a couple;”.

In the new paragraph 2(d), “laid down in (a) and  (b)” is replaced by “laid down in
(a), (b) and (c)”.

In the first sentence of paragraph 3, “the third step of grade C 3” is replaced by “the
second step of grade 3”.

(b) Article 2 is amended as follows:

In paragraph 1 “[€232.73]9“ is replaced by “[€306.51]”.

The following subparagraph is added at the end of paragraph 2:

iv.

v.

i.

ii.

"Any child whom the official has a responsibility to maintain under a judicial decision based
on  Member  States'  legislation  on  the  protection  of  minors  shall  be  treated  as  a  dependant
child."

(c) Article 3 is amended as follows:

The current text becomes paragraph 1.

The first subparagraph of paragraph 1 is replaced by the following:

i.

ii.

“Subject to the conditions laid down in the general implementing provisions, an official shall
receive an education allowance equal to the actual education costs incurred by him up to a
maximum of [€207.98]10 per month for each  dependent child, within  the meaning  of  Article
2(2) above, who is at least five years old and in regular full-time attendance at a primary or
secondary  school  that  charges  fees  or  at  an  establishment  of  higher  education.  The
requirement of attendance at a school that charges fees shall not apply to the reimbursement
of the cost of transport to and from school.”

iii.

The first sentence of the third subparagraph is replaced by the following:

“The allowance paid shall be subject to a ceiling of twice the maximum prescribed in the first
subparagraph for:”.

iv.

The following is added to the second indent of the third subparagraph:

“or where the child attends a higher education establishment in a country other than that of
the official's place of employment;

v.

The following indent is added after the second indent of the third subparagraph:

"- in the same conditions as  in  the foregoing  two indents,  persons entitled to the  allowance
who are not in active service, taking account of the place of residence instead of the place of
employment."

9

10

See footnote 7.
See footnote 7.

48

                                                
vi.

A new subparagraph is added after the third subparagraph:

"The  requirement  of  attendance  at  a  school  that  charges  fees  shall  not  apply  to  payments
under the third subparagraph.”

vii.

The following paragraph 2 is added:

“2. For each dependent child within the meaning of Article 2(2) who is less than five years
old or is not yet in regular full-time attendance at a primary or secondary school,, the amount
of this allowance is fixed at [€74.87]11 a month. The first sentence of the last subparagraph of
paragraph 1 shall apply.”

(d)

Sections 2a and 2b are deleted.

(e) Article 5(1) is amended as follows:

i.

The first subparagraph is replaced by the following:

“1. An installation allowance equal to two months' basic salary in the case of an official who
is entitled to the household allowance, and equal to one month's basic salary in other cases
shall be paid to an established official who furnishes evidence that a change in the place of
residence  was  required  in  order  to  satisfy  the  requirements  of  Article  20  of  the  Staff
Regulations.”

ii.

In the second subparagraph, “or other servants” is inserted after “husband and wife
who are officials” and "settlement" is replaced by "installation".

(f)

Article 6(1) is amended as follows:

In the first sentence of the first subparagraph, “who satisfies the requirements of Article 5(1)”
is replaced by “who provides evidence of a change of residence”.

In the second sentence of the first subparagraph “or other servants” is inserted after “husband
and wife who are officials”.

(g) Article 7(2) is replaced by the following:

“2.  The  basis  for  calculating  the  reimbursement  shall  be  the  first-class  rail  fare  on  the
shortest and most economical habitual route by rail between the place of employment and the
place of recruitment or origin.

Where the route referred to in the first subparagraph exceeds 500 km and in cases where the
usual route includes a sea crossing, the official concerned shall be entitled, on production of
the tickets, to reimbursement of the cost of travel by air in business class or equivalent. Where
a means of transport other than those mentioned above is used, calculation of reimbursement
shall be based on the  cost by rail, excluding  sleeper accommodation.  Where  calculation  on
this basis is not possible, the terms of reimbursement shall be determined by special decision
of the Appointing Authority.”

(h) Article 8 is amended as follows:

11

See footnote 7.

49

                                                
i.

Paragraphs 1 and 2 are replaced by the following:

“1. Officials shall be entitled to be paid in each calendar year a sum equivalent to the cost of
travel  from  the  place  of  employment  to  the  place  of  origin  as  defined  in  Article  7  for
themselves and, if they are entitled to the household allowance, for the spouse and dependants
within the meaning of Article 2.

Where a husband and wife are both officials of the Communities, each has the right in respect
of  himself  or  herself  and  in  respect  of  dependants  to  the  flat-rate  payment  of  travelling
expenses, in accordance with  the above provisions; each dependant shall be entitled  to  one
payment  only.  The  payment  in  respect  of  dependent  children  is  fixed  at  the  request  of  the
husband or wife, on the basis of the place of origin of one or other of them.

Where an official marries during a given year and thereby becomes entitled to the household
allowance, the travel expenses payable for the spouse shall be calculated in proportion to the
period from the date of the marriage to the end of the year.

Any alteration to the basis of calculation which may arise from changes in family status after
the date of payment of the sums in question shall not render the official concerned liable to
make repayment.

Travel expenses for children aged two to ten years shall be calculated on the basis of half of
the kilometric allowance and half the flat-rate supplement, the children being deemed for the
purposes  of  calculation  to  have  completed  their  second  or  tenth  year  on  1  January  of  the
current year.

2. The flat-rate payment shall be based on an allowance per kilometre of distance between the
official's  place  of  employment  and  place  of  recruitment  or  origin;  such  distance  to  be
calculated according to the method laid down in the first subparagraph of Article 7(2).

The kilometric allowance12 shall be:

€0 for every km from 0

to

200 km

[€0.3117] for every km from 201

[€0.5195] for every km from 1001

[€0.3117] for every km from 2001

[€0.1039] for every km from 3001

to

to

to

to

1000 km

2000 km

3000 km

4000 km

€0 for every km over 4 000 km

To the above kilometric allowance a flat-rate supplement shall be added, amounting to:

[€155.86] if the distance by train between the place of employment and the place of origin is
between 725km and 1 450 km,

[€311.72] if the distance by train between the place of employment and the place of origin is
greater than 1 450 km,

12

See footnote 7.

50

                                                
The above kilometric allowances and flat-rate supplements shall be adapted every year in the
same proportion as remuneration."

ii.

Paragraph 4 is replaced by the following:

“4. The preceding provisions shall apply to officials whose place of employment is within the
territories of the Member States of the European Union. Officials whose place of employment
is  outside  the  territory  of  the  Member  States  of  the  European  Union  shall  be  entitled  for
themselves and, if they are entitled to receive the household allowance, for their spouse and
other  dependants  within  the  meaning  of  Article  2,  in  each  calendar  year,  to  repayment  of
travel expenses to their place of origin, or to repayment of travel expenses to another place
not  exceeding  the  expense  of  travel  to  the  place  of  origin.  However,  if  the  spouse  and  the
persons referred to in Article 2(2) do not live with the official at the place of employment, they
shall  be  entitled  each  calendar  year  to  reimbursement  of  travel  expenses  from  the  place  of
origin  to  the  place  of  employment  or  to  another  place  not  exceeding  the  cost  of  the  former
journey.

These travel expenses shall be reimbursed in the form of a flat-rate payment based on the cost
of air travel in the class immediately superior to economy class.”

i)

i.

Article 10 is amended as follows:

Paragraph 1 is replaced by the following:

“1. Where an official furnishes evidence that a change in the place of residence is required in
order to comply with Article 20 of the Staff Regulations, such official shall be entitled for a
period specified in paragraph 2 to a subsistence allowance per calendar day as follows:

Official entitled to receive household allowance: [€32.21]13.

Official not entitled to receive household allowance: [€25.98]14.

The above scale shall be reviewed each time remuneration are revised pursuant to Article 65
of the Staff Regulations.”

ii.

In  the  second  subparagraph  of  paragraph  2,  “or  other  servants”  is  inserted  after
“husband and wife who are officials”.

iii.

Paragraph 3 is deleted.

(j)

Article 11 is amended as follows:

The second subparagraph of paragraph 1 is deleted.

The first sentence of paragraph 2 is replaced by the following:

i.

ii.

“The travel order shall state the probable duration of the mission, on the basis of which shall
be  calculated  any  advance  which  the  official  may  draw  against  the  daily  subsistence
allowance.”

13

14

See footnote 7.
See footnote 7.

51

                                                
iii.

The following paragraph 3 is added:

“3.  Save  in  special  cases,  to  be  determined  by  special  decision  and  in  particular  where  an
official is called back from leave, the reimbursement of mission expenses shall be limited to
the  cost  of  the  most  economical  journey  between  the  place  of  employment  and  the  place  of
mission which does not require the official on mission to extend his stay significantly.”

(k) Articles 12 and 13 are replaced by the following:

1. Travel by rail

“Article 12

Travel  expenses  for  missions  carried  out  by  rail  shall  be  reimbursed  on  presentation  of
supporting documents on the basis of the cost of transport in first class by the shortest route
between the place of employment and the place of the mission.

2. Travel by air

Officials shall be authorised to travel by air if the outward and return journeys by rail would
total at least 800 kilometres.

3. Travel by sea

The Appointing Authority shall authorise in each case and on the basis of the length and cost
of the journey the classes to be used and the cabin supplements which may be reimbursed.

4. Travel by car

Travel  costs  shall  be  reimbursed  in  the  form  of  a  lump  sum  based  on  the  rail  cost,  in
accordance with point 1; no other supplement shall be paid.

In  the  case  of  an  official  travelling  on  mission  in  special  circumstances,  however,  the
Appointing  Authority  may  decide  to  grant  that  official  an  allowance  per  kilometre  covered
instead of the reimbursement of travel costs provided for above, if the use of public transport
presents clear disadvantages.

Article 13

1.  The  daily  subsistence  allowance  for  missions  shall  comprise  a  flat-rate  sum  to  cover  all
expenses  incurred  by  the  person  on  mission:  breakfast,  two  main  meals  and  incidental
expenses,  including  local  travel.  Accomodation  costs,  including  local  taxes,  shall  be
reimbursed up to a maximum fixed for each country, on production of supporting documents.

2 (a) The scale for the Member States of the Union is as follows:

(in euros)

Destinations

Daily allowance

Hotel Ceiling

Belgium

84,06

117,08

52

Czech Republic

55,00

Germany

Denmark

Estonia

Greece

Spain

France

Ireland

Italy

Cyprus

Hungary

Latvia

Lithuania

Luxembourg

Malta

Netherlands

Poland

Austria

Portugal

Slovakia

Slovenia

Finland

Sweden

74,14

91,70

70,00

66,04

68,89

72,58

80,94

60,34

50,00

50,00

85,00

80,00

82,00

60,00

78,26

60,00

54,64

68,91

50,00

60,00

94,37

94,37

United Kingdom

86,89

175,00

97,03

148,07

120,00

99,63

126,57

97,27

139,32

114,33

110,00

165,00

165,00

170,00

106,92

115,00

131,76

210,00

94,37

124,89

125,00

110,00

144,05

144,05

149,03

Where  an  official  on  mission  is  provided  with  a  meal  or  accommodation  free  of  charge  or
reimbursed by one of the institutions of the Communities, an administration or outside body,
this must be declared. A corresponding deduction will then be made.

53

2.(b) The scale for missions in countries outside the European territory of the Member States
shall be fixed and adjusted periodically by the Appointing Authority.

3. The Council shall review each year the rates set out in paragraph 2(a) . This review shall
take place in the light of a report by the Commission on the prices of hotels, restaurants and
catering services, taking into account the indexes prepared by the Statistical Office of the
European Commission on the evolution of such prices. For the purpose of this review, the
Council shall act on a proposal by the Commission by the qualified majority provided for in
the first indent of the second subparagraph of Article 205(2) of the Treaty. .”

(l)

The following article is inserted after Article 13:

“Article 13a

Detailed rules for the application of Articles 11, 12 and 13 shall be laid down by the various
institutions under the general implementing provisions.”

(m) Articles 14a and 14b are deleted.

In the first paragraph of Article 15 “officials in Grades A1 and A2” is replaced

(n)
by “senior management staff within the meaning of Article 29(2)”.

(o) Article 17 is amended as follows:

i.

Paragraphs 2 and 3 are replaced by the following:

“2.  In  the  conditions  laid  down  in  rules  fixed  by  the  Community  institutions  by  common
consent after consulting the Staff Regulations Committee, officials may regularly have part of
their remuneration transferred by their institution of employment to another Member State.

Under  the  preceding  provision  the  following  may  be  transferred,  separately  or  in
combination:

– 

– 

for  children  attending  an  education  establishment  in  another  Member  State,  a
maximum  amount  per  dependent  child  equal  to  the  amount  of  the  education
allowance actually received for that child;

on production  of valid  supporting  documents,  regular  payments  to  all  other  persons
residing  in  the  relevant  Member  State  to  whom  the  official  provides  evidence  of
having  an  obligation  by  virtue  of  a  decision  of  the  courts  or  the  competent
administrative authority.

The  transfers  referred  to  in  the  second  indent  may  not  exceed  5%  of  the  official’s  basic
salary.

3. The transfers provided for in paragraph 2 shall be made at the exchange rate referred to in
the second paragraph of Article 63 of the Staff Regulations. The amounts transferred shall be
multiplied by  a coefficient representing  the  difference  between  the  correction coefficient  for
the country to  which  the  transfer  is  made  as  defined  in  the  second  indent  of  Article  3(5)  of
Annex XI to the Staff Regulations and the correction coefficient applied to the remuneration
of the official (first indent of Article 3(5) of Annex XI to the Staff Regulations).”

54

ii.

The following paragraph 4 is added:

“4. Apart from the above, an official may request a regular transfer to another Member State
at  the  monthly  exchange  rate,  without  application  of  any  coefficient.  This  transfer  may  not
exceed 25% of the official's basic salary.”

93. 

Annex VIII is amended as follows:

In  the  second  paragraph  of  Article  2,  "35"  is  replaced  by  "the  number
(a)
necessary  to  achieve  the  maximum  pension,  within  the  meaning  of  the  second
paragraph of Article 77 of the Staff Regulations”.

(b) Article 3 is replaced by the following:

"Article 3

Provided that the servants concerned have paid their shares of the pension  contributions in
respect of the periods of service concerned, the following shall be taken into account for the
purpose of calculating years of pensionable service within the meaning of Article 2:

1.  the  period  of  service  as  an  official  of  one  of  the  institutions  in  one  of  the  administrative
statuses  set  out  in  Article  35(a),  (b),  (c),  and  (e)  and  (f)  of  the  Staff  Regulations.  However,
officials covered by Article 40 of the Staff Regulations shall be subject to the conditions laid
down in the last sentence of the second subparagraph of paragraph 3 thereof;

2. periods of entitlement to the allowance under Articles 41 and 50 of the Staff Regulations,
up to a maximum of five years.

3. periods of entitlement to an invalidity allowance;

4. periods of service in any other capacity in accordance with the Conditions of Employment
of other servants of the Communities. However, where  members  of  the  contract  staff  within
the  meaning  of  those  Conditions  of  Employment  become  officials,  the  years  of  pensionable
service they have acquired as members of the contract staff shall, up to the number of years of
actual service, entitle them to a number of years of pensionable service as officials calculated
on the basis of the ratio between the last basic salary received as a member of the contract
staff  and  the  first  basic  salary  received  as  an  official.  The  surplus  contributions,  if  any,
corresponding  to  the  difference  between  the  number  of  years  of  pensionable  service
calculated  and  the  number  of  years  of  actual  service,  shall  be  reimbursed  to  the  person
concerned  on  the  basis  on  the  last  basic  salary  received  as  a  member  of  the  contract  staff.
This  provision  shall, with  the  necessary  changes,  apply  where  officials  become  members  of
the contract staff."

(c) Article 4 is amended as follows:

i.

The present text becomes paragraph 1, "either as an official or as a member of the
temporary staff" becomes "either as an official, as a member of the temporary staff
or as a member of the contract staff", and the second sentence of the first paragraph
is replaced by the following:

"He  may  request  that,  in  accordance  with  Article 3  of  this  Annex,  for  the  purpose  of
calculating his pension rights, the whole of the period of service as an official, a member of

55

the temporary staff or a member of the contract staff for which contributions have been paid
be taken into account, subject to:

(a) repayment of the severance grant paid under Article 12, plus compound interest at a rate
of  3.5%  per  annum.  Where  Article  42  or  110  of  the  Conditions  of  Employment  of  other
servants  has  been  applied  in  the  case  of  the  official  concerned,  the  latter  shall  also  be
required  to  repay  the  amount  paid  under  that  Article,  plus  compound  interest  at  the
above-mentioned rate;

(b)  having  an  amount  set  aside  for  this  purpose,  before  calculation  of  the  credited
contribution years provided for in Article 11(2) and providing the official has requested and
obtained the application of that Article after resuming service, equal to the part of the amount
transferred  to  the  Community  pension  scheme  that  corresponds  to  the  actuarial  equivalent
calculated and transferred to the scheme of origin pursuant to Article 11(1) or Article 12 (1)
(b), plus compound interest at a rate of 3.5% per annum."

ii.

The second and third paragraphs are replaced by the following:

"Where Article 42 or 110 of the Conditions of Employment of other servants has been applied
in the case of the official concerned, the calculation of the amount to be set aside shall also
take  account  of  the  amount  paid  under  those  Articles,  plus  compound  interest  at  3.5%  per
annum.

Where the amount transferred to the Community scheme is insufficient to make up the pension
rights covering the previous period of employment in full, the official shall be authorised, on
request, to make the amount up to that defined at point (b) of the first paragraph."

iii.

The following paragraph 2 is added:

"2.  The  interest  rate  specified  in  paragraph  1  may  be  revised  in  accordance  with  the  rules
laid down in Article 10 of Annex XII."

(d) Article 5 is amended as follows:

i.

The first paragraph is replaced by the following:

"Notwithstanding the provisions of Article 2, officials who remain in service after the age of
63 shall be entitled to an increase of their pension equal to 2% of the basic salary taken into
account for the calculation of their pension per year worked after that age, with the proviso
that the total of their pension plus the increase does not exceed 70% of their final basic salary
as referred to in the second or third paragraph, as the case may be, of Article 77 of the Staff
Regulations."

ii.

In the second paragraph, "60" is replaced by "63".

(e)

In Article 6, "Grade D 4, step one" is replaced by "at the first step of grade 1.".

(f)

Article 7 is deleted.

(g)

In Article 8,

"the  latest  mortality  tables  compiled  by  the  budgetary  authority  in  accordance  with  Article
39, the rate of interest applicable being 3.5% per annum."

56

is replaced by

"the  mortality  table  referred  to  in  Article  9  of  Annex  XII  and  subject  to  3.5%  interest  per
annum,  which  rate  may  be  revised  in  accordance  with  the  rules  laid  down  in  Article  10  of
Annex XII."

(h) Article 9 is amended as follows:

In the first paragraph and in the first indent of that paragraph, "60" is replaced

i.
by "63".

ii.
In the second indent of the first paragraph, "50" is replaced by "55", the words
"as  shown  in  the  following  table:"  as  well  as  the  table  itself  are  deleted  and  the
following sentence is added:

"The pension shall be reduced by 3.5% for every year before the one in which officials would
become  entitled  to  a  retirement  pension  within  the  meaning  of  Article  77  of  the  Staff
Regulations.  If  between  the  age  at  which  entitlement  to  a  retirement  pension  is  acquired
within the meaning of Article 77 of the Staff Regulations and the age of the person concerned
at the time, the difference exceeds an exact number of years, an extra year shall be added to
the reduction."

iii. A new second paragraph is added as follows :

"The Appointing Authority may decide, in the interests of the service on the basis of objective
criteria and transparent procedures introduced by means of general implementing provisions,
not to apply the above reduction to the officials concerned, up to a maximum of 10%  of the
officials  in  all  institutions  who  retired  the  previous  year.  The  annual  percentage  may  vary
from  8%  to  12%,  subject  to  a  total  of 20%  over  two  years  and  the  principle  of  budget
neutrality.  Before  five  years  have  elapsed,  the  Commission  shall  submit  to  the  European
Parliament  and  the  Council  an  evaluation  report  on  the  implementation  of  this  measure.
Where  appropriate,  the  Commission  shall  submit  a  proposal  to  fix  after  five  years  the
maximum annual percentage rate between 5 and 10 % of all officials in all institutions who
retired the previous year, on the basis of Article 283 of the EC Treaty."

(i)

The following Article is inserted:

"Article 9a

For the purposes of determining the reduced pension of officials who have acquired pension
rights exceeding the equivalent of 70% of their final basic salary and who request immediate
payment  of  their  retirement  pension  in  accordance  with  Article  9,  the  reduction  under
Article 9  shall  be  applied  to  a  notional  figure  corresponding  to  the  years  of  pensionable
service  rather  than  to  an  amount  capped  at  70%  of  the  final  basic  salary.  In  no  case,
however, may the reduced pension thus calculated exceed 70% of the last basic salary within
the meaning of Article 77 of the Staff Regulations."

(j)

Article 11 is amended as follows:

In paragraph 1, ", updated to the actual date of transfer," is inserted after "of

i.
his retirement pension rights".

57

ii.

In paragraph 2:

-

In the first subparagraph,

"shall  be  entitled  upon  establishment  to  have  paid  to  the  Communities  either  the  actuarial
equivalent or the flat-rate redemption value of retirement pension rights acquired by virtue of
such services or activities."

is replaced by

"shall  be  entitled,  after  establishment  but  before  becoming  eligible  for  payment  of  a
retirement pension within the meaning of Article 77 of the Staff Regulations, to have paid to
the Communities the capital value, updated to the date of the actual transfer, of pension rights
acquired by virtue of such service or activities."

-

The second subparagraph is amended as follows:

- "by means of general implementing provisions" is inserted after "determine";

-  "taking  into  account  his  grade  on  establishment"  is  replaced  by  "taking  into  account  the
official's basic salary, age and exchange rate at the date of application for a transfer,";

- "under its own pension scheme" is replaced by "under the Community pension scheme;

- "on the basis of the amount of the actuarial equivalent or sums repaid as aforesaid."

is replaced by

"on  the  basis  of  the  capital  transferred,  after  deducting  an  amount  representing  capital
appreciation  between  the  date  of  the  application  for  a  transfer  and  the  actual  date  of  the
transfer."

-

The following subparagraph is added:

"Officials may make use of this arrangement once only  for each Member State  and  pension
fund concerned."

(k) Article 12 is amended as follows:

The present text becomes paragraph 1 and, in the introductory part, “an immediate or
deferred”  is  inserted  before  “retirement  pension”,  and  “or  and  cannot  benefit  from
the provisions of Article 11(1)” and “to payment of:” are deleted.

In the new first paragraph, "60" is replaced by "63".

Points (a), (b), (c) and (d) are replaced by:

i.

ii.

iii.

"(a)  where  he  has  completed  less  than  one  year's  service  and  has  not  made  use  of  the
arrangement laid down in Article 11(2), to payment of a severance grant equal to three times
the  amounts  withheld  from  his  basic  salary  in  respect  of  his  pension  contributions,  after
deduction of any amounts paid under Articles 42 and 110 of the Conditions of Employment of
other servants;

58

(b)  in  other  cases,  to  the  benefits  provided  under  Article  11(1)  or  to  the  payment  of  the
actuarial equivalent of such benefits to a private insurance company or pension fund of their
choice, on condition such company or fund guarantees that:

- the capital will not be repaid;

- a monthly income will be paid from age 60 at the earliest, and age 65 at the latest;

- provisions are included for reversion or survivors' pensions;

-  transfer  to  another  insurance  company  or  other  fund  will  be  authorised  only  if  such  fund
fulfils the conditions laid down in the three foregoing indents."

iiii.

The following paragraphs 2 and 3 are added:

"2. By way of derogation from paragraph 1(b) of this Article, officials under 63 years of age
who, since taking up their duties, have, in order to establish or maintain pension rights, paid
into a national pension scheme, a private insurance scheme or a pension fund of their choice
which  satisfies  the  requirements  set  out  in  the  preceding  paragraph,  and  whose  service
terminates  for  reasons  other  than  death  or  invalidity  without  their  qualifying  for  an
immediate  or  deferred  retirement  pension,  shall  be  entitled,  on  leaving  the  service,  to  a
severance  grant  equal  to  the  actuarial  value  of  their  pension  rights.  In  these  cases  the
payments  made  in  order  to  establish  or  maintain  their  pension  rights  under  the  national
pension scheme in application of Articles 42 or 110 of the Conditions of Employment of other
servants shall be deducted from the severance grant.

3.  Where  an  official's  service  has  been  terminated  by  removal  from  his  post,  the  severance
grant to  be paid or,  as  the  case  may  be,  the  actuarial  equivalent  to  be  transferred  shall  be
determined  by  reference  to  the  decision  taken  in  accordance  with  Article  7(1)(h)  of  Annex
IX."

(l)

Article 12a is deleted.

(m) The title of Chapter 3 is replaced by: "Invalidity allowance".

(n) Article 13 is amended as follows:

i.

ii.

The first subparagraph becomes paragraph 1 and "invalidity pension" is replaced by
"invalidity allowance".

The second subparagraph is replaced by the following paragraph 2:

«2.  Persons  in  receipt  of  an  invalidity  allowance  may  not  engage  in  gainful  employment
without  the  prior  authorisation  of  the  Appointing  Authority.  Any  income  from  such  gainful
employment  which,  in  combination  with  the  invalidity  allowance,  exceeds  the  final  total
remuneration received while in active service as determined on the basis of the salary scale in
force on the first day of the month in which the allowance is to be paid shall be deducted from
the invalidity allowance.

The  recipient  of  the  allowance  shall  be  required  to  provide  on  request  any  written  proof
which  may  be  requested  and  to  notify  his  or  her  institution  of  any  factor  that  may  affect
entitlement to the allowance."

59

i.

ii.

i.

ii.

i.

ii.

iii.

– 

(o) Article 14 is amended as follows:

"invalidity  pension”  is  replaced  by  "invalidity  allowance"  and  “the  pension”  is
replaced by “the allowance".

In the second paragraph, "in that case the provisions of Article 16 of Annex VIII shall
apply" is deleted.

In  Article 15,  "pension"  is  replaced  by  "allowance"  and  "60"  is  replaced  by

(p)
"63".

(q) Article 16 is deleted.

(r)

Article 17 is amended as follows:

"his widow" is replaced by "the surviving spouse";

In  the  first  paragraph,  "provided  that  she  has  been  married  to  him”  is  replaced  by
“provided  that  the  couple  were  married”  and  “widow's  pension”  is  replaced  by
“survivor's pension”.

(s) Article 17a is amended as follows:

In  the  first  and  second  paragraphs,  “widow's  pension”  is  replaced  by  “survivor's
pension”;

In the first and third paragraphs, “the widow” is replaced by “the surviving spouse”;

The first paragraph is amended as follows:

"provided  that  she  had  been  married  to  him  for  at  least  one  year  when  he  left  the
service of an institution” is replaced by: “provided that the couple is already married
before  the  official  leaves  the  service  of  an  institution  and  that  the  marriage  has
lasted at least one year";

– 

"her husband" is replaced by "the spouse".

(t)

Article 18 is amended as follows:

i.

ii.

"his widow" is replaced by "the surviving spouse" and "her husband" is replaced by
"the spouse";

In  the  first  paragraph,  "provided  that  she  has  been  married  to  him  for  at  least  one
year  when  he  left  the  service  of  an  institution"  is  replaced  by:  "provided  that  the
couple is already married before the official leaves the service of an institution and
that the marriage has lasted at least one year.";

iii.

In the second paragraph, "before he left" is replaced by "before he or she left".

i.

ii.

(u) Article 18a is amended as follows:

"the widow" is replaced by "the surviving spouse" and "60" is replaced by "63";

The first paragraph is amended as follows:

60

- provided that she had been married to him for at least one year when he left the service of
an institution” is replaced by: “provided that the couple is already married before the official
leaves the service of an institution and that the marriage has lasted at least one year.";

- "widow's pension" is replaced by "survivor's pension";

- "her husband" is replaced by "the spouse".

(v) Article 19 is amended as follows:

i.

ii.

"invalidity  pension"  is  replaced  by  "invalidity  allowance"  and  "her  husband"  is
replaced by "the spouse";

The first paragraph is amended as follows:

- "his widow" is replaced by "the surviving spouse";

-  "provided  that  she  was  married  to  him"  is  replaced  by  "provided  that  the  couple  was
married";

- "the pension" is replaced by "the allowance".

(w)
In  Article  21(1),  “the  widow”  is  replaced  by  “the  surviving  spouse”  and  “a
retirement or invalidity  pension”  is  replaced  by  “a  retirement  pension  or  invalidity
allowance”.

(x) Article 22 is amended as follows:

In the first paragraph, "a widow" is replaced by "a surviving spouse";

In  the  third  paragraph  “a  retirement  or  invalidity  pension”  is  replaced  by  “a
retirement pension or invalidity allowance”.

(y) Article 24 is amended as follows:

In  the  first  paragraph  “a  retirement  or  invalidity  pension”  is  replaced  by  “a
retirement pension or invalidity allowance”;

In the second paragraph the following sentence is added:

i.

ii.

i.

ii.

"Similarly the right to an orphan's pension shall cease if the recipient ceases to be regarded
as a dependent child within the meaning of Article 2 of Annex VII to the Staff Regulations."

(z) Article 25 is amended as follows:

"a  retirement  or  invalidity  pension”  is  replaced  by  “a  retirement  pension  or  invalidity
allowance".

In Article 26, "A widow" is replaced by "A surviving spouse" and "She shall be

(aa)
entitled" is replaced by "He or she shall be entitled".

(bb) Article 27 is amended as follows:

i.

"her former husband" is replaced by "the former spouse";

61

ii.

iii.

iv.

i.

ii.

In the  first  and  third  paragraphs,  “The divorced wife” is replaced  by  “The  divorced
spouse”;

In  the  first  paragraph,  “from  him”  is  replaced  by  “from  the  former  spouse”,  and
“officially registered and enforced” is added;

The third paragraph is replaced by “The divorced spouse's entitlement shall cease if
he or she remarries before the former spouse dies. Article 26 shall apply in the event
of remarriage after the death of the former spouse.

(cc) Article 28 is amended as follows:

In  the  first  paragraph,  “divorced  wife”  is  replaced  by  “divorced  spouse”  and  “a
widow” is replaced by “a surviving spouse.”;

In the second paragraph, “her share, her share” is replaced by “his or her share, that
share”.

In Article 29, “the divorced wife” is replaced by “the divorced spouse” and “to

(dd)
the widow” is replaced by “to the surviving spouse”.

In  Article  31,  “retirement  or  invalidity  pension”  is  replaced  by  “retirement

(ee)
pension or invalidity allowance”.

In  Article  31a,  "or  under  Regulations  (EEC,  Euratom,  ECSC)  No  259/68  or
(ff)
(Euratom,  ECSC,  EEC)  No  2530/72  or  (ECSC,  EEC,  Euratom)  No  1543/73  or
(ECSC,  EEC,  Euratom)  No  2150/82  or  (ECSC,  EEC,  Euratom)  No  1679/85”  is
(EC,  Euratom)
replaced  by  “or  under  Regulations 
No 1746/2002, (EC, Euratom) No 1747/2002 or (EC, Euratom) No 1748/2002".

(EEC)  No 1857/89, 

(gg)

In Article 34, the second paragraph is replaced by:

"Articles 80 and 81 of the Staff Regulations shall also apply to  children  born less  than  300
days  after  the  death  of  the  official  or  former  official  in  receipt  of  a  retirement  pension  or
invalidity allowance."

In Article 35, "of a retirement, invalidity or survivor's pension” is replaced by

(hh)
“of a retirement or survivor's pension or of an invalidity allowance".

(ii)

In Article 36, "and invalidity allowances" is inserted after "Salaries".

(jj) Article 39 is deleted.

(kk) Article 40 is amended as follows:

i.

In the first paragraph, “retirement, invalidity, or survivor's or provisional pension” is
replaced  by  “retirement,  or  survivor's  or  provisional  pension  or  invalidity
allowance”.

ii.

The second paragraph is amended as follows:

-  "a  retirement  or  invalidity  pension”  is  replaced  by  “a  retirement  pension  or  invalidity
allowance”.

62

-  "by  an  institution  of  the  three  European  Communities”  is  replaced  by  “from  the  general
budget or by one of the agencies";

- "Similarly, they shall be incompatible with any remuneration derived from a post in one of
the institutions or agencies.” is added.

(ll) Article 42 is amended as follows:

i.

ii.

"a retirement or invalidity pension” is replaced by “a retirement pension or invalidity
allowance";

"or allowance” is inserted between “their pension” and “within one year".

(mm) In  Article 44,  "temporarily"  is  inserted  before  "deprived"  and  "under  Article
86 of the Staff Regulations" is replaced by "under Article 7 of Annex IX to the Staff
Regulations".

(nn) The third paragraph of Article 45 is replaced by:

"For pensioners residing in the European Union, benefits shall be paid in Euros into a bank
in the country of residence.

For pensioners residing outside the European Union, pensions shall be paid, in euro, into a
bank in the country of residence. The pension may by way of exception be paid in euro into a
bank in the country where the institution has its headquarters, or in foreign currency in the
country of residence of the pensioner, converted at the most up-to-date exchange rates used
for the implementation of the general budget of the European Communities.

This Article shall apply by analogy to the recipients of an invalidity allowance."

In  Article 46,  "of  a  retirement  or  invalidity  pension”  is  replaced  by  “of  a

(oo)
retirement pension or invalidity allowance”.

94. 

Annex IX is replaced by the following:

“ANNEX IX
Disciplinary proceedings

SECTION 1: GENERAL PROVISIONS

Article 1

1.  Whenever  an  investigation  by  the  Anti-fraud  Office  (OLAF)  reveals  the  possibility  of  the
personal involvement of  an official  (or a  former official) of an institution,  that  person  shall
rapidly  be  informed,  provided  this  is  not  harmful  to  the  investigation.  In  any  event,
conclusions  referring  by  name  to  an  official  may  not  be  drawn  once  the  investigation  has
been completed without that official concerned having been given the opportunity to comment
on facts concerning him.

2. In cases that demand absolute secrecy for the purposes of the investigation and requiring
the  use  of  investigative  procedures  falling  within  the  remit  of  a  national  judicial  authority,
compliance with the obligation to invite the official to  comment may,  in agreement with the

63

Appointing Authority, be deferred. In such cases, no disciplinary proceedings may be opened
before the official has been given a chance to comment.

3. If, following an OLAF investigation, no case can be made against an official about whom
allegations  have  been  made,  the  investigation  in  question  shall  be  closed,  with  no  further
action taken, by decision of the Director of the Office, who shall inform the official and  his
institution in writing.  The  official  may request that this decision be inserted in  his  personal
file.

Article 2

1.  The  rules  set  out  in  Article  1  shall  apply,  with  any  necessary  changes,  to  other
administrative enquiries carried out by the Appointing Authority.

2.The  Appointing  Authority  shall  inform  the  person  concerned  when  the  investigation  ends,
and shall communicate to him the conclusions of the investigation report and, on request and
subject  to  the  protection  of  the  legitimate  interests  of  third  parties,  all  documents  directly
related to the allegations made against him.

3. The institutions shall adopt implementing arrangements for this Article, in accordance with
Article 110 of the Staff Regulations.

Article 3

1. On the basis of the investigation report, after having notified the official concerned of all
evidence in the files and after hearing the official concerned, the Appointing Authority may:

(a)  decide  that  no  case  can  be  made  against  the  official.  The  official  shall  be  informed
accordingly in writing, or

(b) decide, even if there is or appears to have been a failure to comply with obligations, that
no disciplinary measure shall be taken, and if appropriate address a warning to the official,
or

(c) in the case of failure to comply with obligations, within the meaning of Article 86 of the
Staff Regulations:

(1) decide to initiate the disciplinary proceedings provided for in Section 4, or

(2) decide to initiate disciplinary proceedings before the Disciplinary Board.

An  official  who,  for  objective  reasons,  cannot  be  heard  under  the  provisions  of  this  Annex
may be asked to comment in writing or may be represented by a person of his choice.

Article 3a

64

SECTION 2: DISCIPLINARY BOARD

Article 4

1. A Disciplinary Board, hereinafter referred to as “the Board”, shall be established in each
institution. The Board shall include at least one member, who may be the chairman, chosen
from outside the institution.

2.  The  Board  shall  consist  of  a  chairman  and  four  full  members,  who  may  be  replaced  by
alternates, and, in cases involving an official in a grade up to AD 13, two additional members
in the same function group and grade as the official subject to disciplinary proceedings.

3. The members and alternates of the Board shall be appointed from amongst the officials in
grade  AD  14  or  above  in  active  employment  in  respect  of  all  cases  other  than  those
concerning officials in grades AD 16 or AD 15.

4.  The  members  and  alternates  of  the  Board  shall  be  appointed  from  amongst  officials  in
grade AD 16 in active employment for cases involving officials in grades AD 16 or AD 15.

5. The Appointing Authority and the Staff Committee shall agree on an ad hoc procedure to
designate the further members referred to in paragraph 2 who must sit for cases involving an
official posted to a country outside the Union.”

Article 5

1. The Appointing Authority and the Staff Committee shall each appoint two members and two
alternates at the same time.

2.  The  chairman  and  alternate  for  the  chairman  shall  be  appointed  by  the  Appointing
Authority.

3.  The  chairman,  the  members  and  the  alternates  shall  be  appointed  for  a  period  of  three
years. However, the institutions may provide for a shorter period for members and alternates,
subject to a minimum of one year.

4.  The  two  members  of  the  Board  as  enlarged  in  accordance  with  Article  4(2)  shall  be
appointed in the following manner:

(a)  The  Appointing  Authority  shall  draw  up  a  list  containing,  if  possible,  the  names  of  two
officials  in  each  grade  in  each  function  group.  At  the  same  time,  the  Staff  Committee  shall
send the Appointing Authority a list drawn up on the same basis.

(b) Within ten days of the notification of the report on which the decision to open disciplinary
proceedings or the procedure  laid  down  in  Article  22  of  the  Staff  Regulations  is  based,  the
chairman of the Disciplinary Board, in the presence of the person concerned, shall draw by
lot from the above-mentioned lists the names of the two Board members, one member being
drawn  from each list. The chairman  may  decide  that  the  secretary  is  to  replace  him  in  this
procedure. The chairman shall notify the official concerned and the individual members of the
Board of its complete composition.

65

5. The official concerned shall be entitled once to reject one of the Board members within five
days of the Board's establishment. Within the same time limit, Board members may ask to be
excused from duty for legitimate reasons and must withdraw if a conflict of interests exists.

If necessary, the chairman of the Disciplinary Board shall draw new lots to replace the
members appointed in accordance with paragraph 4."

The  Board  shall  be  assisted  by  a  secretary  appointed  by  the  Appointing  Authority.

Article 5a

1.  The  chairman  and  members  of  the  Board  shall  be  completely  independent  in  the
performance of their duties.

Article 6

2. The deliberations and proceedings of the Board shall be secret.

SECTION 3: DISCIPLINARY MEASURES

1. The Appointing Authority may impose one of the following penalties:

Article 7

(a) a written warning;

(b) a reprimand;

(c) deferment of advancement to a higher step for a period of between one and 23 months;

(d) relegation in step;

(e) temporary downgrading for a period of between 15 days and one year;

(f) downgrading in the same function group;

(g) classification in a lower function group, with or without downgrading;

(h)  removal  from  post  and,  where  appropriate,  reduction  pro  tempore  of  a  pension  or
withholding, for a fixed period, of an amount from an invalidity allowance; the effects of this
measure shall not extend to the official's dependants. In case of such reduction however, the
former  official's  income  may  not  be  less  than  the  minimum  subsistence  figure  laid  down  in
Article 6 of Annex VIII to these Staff Regulations, with the addition of any family allowances
payable.

Where the official is in receipt of a retirement pension or an invalidity allowance, the
2.
Appointing  Authority  may  decide  to  withhold  an  amount  from  the  pension  or  the  invalidity
allowance  for  a  given  period;  the  effects  of  this  measure  shall  not  extend  to  the  official's

66

dependants.  The  official's  income  may  not,  however,  be  less  than  the  minimum  subsistence
figure laid down in Article 6 of Annex VIII to these Staff Regulations, with the addition of any
family allowances payable.

3.

A single case of misconduct shall not give rise to more than one disciplinary penalty.

Article 8

The severity of the disciplinary penalties imposed shall be commensurate with the seriousness
of  the  misconduct.  To  determine  the  seriousness  of  the  misconduct  and  to  decide  upon  the
disciplinary penalty to be imposed. account shall be taken of:

- the nature of the misconduct and the circumstances in which it occurred;

- the extent to which the misconduct adversely affects the integrity, reputation or interests of
the institutions;

- the extent to which the misconduct involves intentional actions or negligence;

- the motives for the official's misconduct;

- the official's grade and seniority;

- the degree of the official's personal responsibility;

- the level of the official's duties and responsibilities;

- whether the misconduct involves repeated action or behaviour ;

- the conduct of the official throughout the course of his career.

SECTION 4: DISCIPLINARY PROCEEDINGS NOT INVOLVING THE DISCIPLINARY BOARD

Article 9

The Appointing Authority may decide on the penalty of issue a written warning or reprimand without
consulting the Disciplinary Board. The official concerned shall be heard before such action is
taken.

SECTION 5: DISCIPLINARY PROCEEDINGS BEFORE THE DISCIPLINARY BOARD

Article 10

1.  The  Appointing  Authority  shall  submit  a  report  to  the  Board,  stating  clearly  the  facts
complained of and, where appropriate, the circumstances in which they arose, including any
aggravating or extenuating circumstances.

67

2.  The  report  shall  be  communicated  to  the  official  concerned  and  to  the  chairman  of  the
Disciplinary Board, who shall bring it to the attention of the members of the Board.

Article 11

1. On receipt of the report, the official concerned shall have the right to obtain his complete
personal  file  and  take  copies  of  all  documents  relevant  to  the  proceedings,  including
exonerating evidence.

2.  The  official  concerned  shall  have  not  less  than  15  days  from  the  date  of  receipt  of  the
report initiating the disciplinary proceedings to prepare a defence.

3.  The  official  concerned  may  be  assisted  by  a  person  of  his  or  her  choice.

Article 12

If,  in  the  presence  of  the  Chairman  of  the  Board,  the  official  concerned  acknowledges
misconduct  on  his  part  and  accepts  unreservedly  the  report  referred  to  in  Article 10,  the
Appointing  Authority  may,  in  accordance  with  the  principle  of  proportionality  between  the
nature  of  the  misconduct  and  the  penalty  being  considered,  withdraw  the  case  from  the
Board. Where a case is withdrawn from the Board the Chairman shall deliver an opinion on
the penalty considered.

Under this procedure the Appointing Authority may, by derogation from Article 9, impose one
of the penalties provided for in Article 7(1) (a) to (d) inclusive.

The official concerned shall be informed before acknowledging his misconduct of the possible
consequences of such acknowledgement.

Article 13

Before the first meeting of the Disciplinary Board, the chairman shall give one of its members
the task of preparing a general report on the matter and shall inform the other members of
the Board accordingly.

Article 14

1. The official concerned shall  be  heard  by  the  Disciplinary  Board;  at  the  hearing,  he  may
submit observations in writing or orally, whether in person or through a representative. He
may call witnesses.

2. The institution shall be represented before the Disciplinary Board by an official mandated
by the Appointing Authority to this effect and having rights equivalent to those of the official
concerned.

3.  The  Disciplinary  Board  may  hear  investigating  officials  from  OLAF  in  cases  where  an
inquiry was initiated by the Office

68

Article 15

1. If the Disciplinary Board does not consider that it has sufficiently clear information on the
facts complained of or the circumstances in which they arose, it shall order an investigation
in which each side can submit its case and reply to the case of the other side.

2. The chairman or a member  of the Board  shall conduct the investigation on behalf of the
Board. For the purposes of the investigation, the Board may call for any documents relating
to  the  matter  before  it.  The  institution  shall  comply  with  any  such  request  within  the  time
limit, if any, set by the Board. Where such a request is addressed to the official, note shall be
taken of any refusal to comply.

Article 16

After consideration of documents submitted and having regard to any statement made orally
or in writing and to the results of any investigation undertaken, the Disciplinary Board shall,
by  majority  vote,  deliver  a  reasoned  opinion  as  to  whether  the  facts  complained  of  are
established and as to any penalty to which those facts should give rise. This opinion shall be
signed by all the members of the Board. Each member may attach to the opinion a divergent
view.  The  Board  shall  transmit  the  opinion  to  the  Appointing  Authority  and  to  the  official
concerned within two months of the date of receipt of the report of the Appointing Authority,
provided that this time limit is commensurate with the degree of complexity of the case. Where
an investigation has  been held at  the Board's  initiative,  the  time limit shall be  four  months,
provided that this period is commensurate with the degree of complexity of the case.

Article 17

1.  The  chairman  of  the  Disciplinary  Board  shall  not  vote  on  matters  before  it,  except  as
regards matters of procedure or where votes are tied.

2. The chairman shall ensure that the decisions of the Board are implemented and shall bring
all  information  and  documents  relating  to  the  case  to  the  attention  of  each  of  its  members.

The secretary shall draw up minutes of meetings of the  Disciplinary Board.  Witnesses shall
sign the minutes recording their evidence.

Article 18

Article 19

1.  Expenses  incurred  on  the  initiative  of  an  official  concerned  in  the  course  of  disciplinary
proceedings,  and  in  particular  fees  paid  to  a  person  chosen  to  assist  the  official  or  for  his
defence,  shall  be  borne  by  the  official  where  the  administrative  investigation  results  in  the
imposition of one of the penalties provided for in Article 7.

2.  However,  the  Appointing  Authority  may  decide  otherwise  in  exceptional  cases  where  the
burden on the official concerned would be unfair.

69

Article 20

1. After hearing the official, the Appointing Authority shall take its decision as provided for in
Articles  7  and  8  within  two  months  of  receipt  of  the  opinion  of  the  Disciplinary  Board.
Reasons must be given for the decision.

2.  If  the  Appointing  Authority  decides  to  close  the  case  without  imposing  any  disciplinary
penalty,  it  shall  so  inform  the  official  concerned  in  writing  without  delay.  The  official
concerned may request that this decision be inserted in his personal file.

SECTION 6: SUSPENSION

Article 21

1. If the Appointing Authority accuses and official of serious misconduct, whether through a
failure to honour his professional obligations or through an infringement of the law, it may
immediately  suspend  the  person  accused  of  that  misconduct  for  a  specified  or  indefinite
period.

2. The Appointing Authority shall take this decision after hearing the official concerned, save
in exceptional circumstances.

Article 22

1. The decision suspending an official shall state whether the official is to continue to receive
his full remuneration during the period of suspension or what part thereof is to be withheld.
The amount paid to the official shall not under any circumstances be less than the minimum
subsistence  figure  laid  down  in  Article  6  of  Annex  VIII  to  these  Staff  Regulations,  with  the
addition of any family allowances payable.

2. The  situation of  a  suspended  official  must  be  definitively  settled  within  six  months  of  the
date on which the suspension takes effect. If no such decision is taken within six months, the
official concerned shall be entitled to again receive full remuneration, subject to paragraph 3.

3. Remuneration may continue to be withheld in part after the six-month deadline referred to
in paragraph 2 if the official  concerned is the subject of criminal proceedings for the same
acts  and  is  in  custody  as  a  result  of  those  proceedings.  In  such  cases  the  official  shall  not
receive full remuneration until the competent court has ordered his release.

4.  Sums  withheld  under  paragraph  1  shall  be  repaid  to  the  official  if  the  final  decision
imposes  a  disciplinary  penalty  no  more  severe  than  a  written  warning,  reprimand  or
deferment  of  advancement  to  a  higher  step,  or  if  no  disciplinary  penalty  is  imposed;  in  the
latter case, the repayment shall be made with compound interest at the rate defined in Article
12 of Annex VIII.

70

SECTION 7: PARALLEL CRIMINAL PROSECUTION

Where the official is prosecuted for those same acts, a final decision shall be taken only after
a final judgment has been handed down by the court hearing the case.

Article 23

Section 8: Final provisions

Article 23a

The  decisions  referred  to  under  Articles  9,  12,  20  and  21  shall  be  sent  for  information  to
OLAF in cases where an inquiry was initiated by the Office.

Article 24

An  official  against  whom  a  disciplinary  penalty  other  than  removal  from  post  has  been
ordered  may,  after  three  years  in  the  case  of  a  written  warning  or  reprimand  or  after  six
years in the case of any other penalty, submit a request for the deletion from his personal file
of all reference to such measure. The Appointing Authority shall decide whether to grant this
request.

Article 25

Where new facts supported by relevant evidence come to light, disciplinary proceedings may
be reopened by the Appointing Authority on its own initiative or on application by the official
concerned.

Article 26

If no case has been made against the official pursuant to Article 1(3) and Article 20(2), the
official  shall  be  entitled  to  request  that  the  damage  suffered  should  be  made  good  through
suitable publicity for the decision of the Appointing Authority.

Article 27

Each  institution  shall,  if  it  sees  fit,  adopt  implementing  arrangements  for  this  Annex  after
consulting its Staff Committee.”

95. 

Annex X is amended as follows:

(a)

The second paragraph of Article 2 is replaced by the following:

“The Appointing Authority shall  make such  transfers  by  a  specific  procedure  referred  to  as
the  'mobility  procedure',  for  which  it  shall  lay  down  detailed  implementing  rules,  after
consulting the Staff Committee.”

71

(b)

The first sentence of Article 3 is replaced by the following:

“Under the mobility procedure, an official assigned to a third country may, by decision of the
Appointing Authority, be reassigned temporarily with his post to the seat of the institution or
any  other  place  of  employment  in  the  Community;  such  assignments,  which  shall  not  be
preceded by a vacancy notice, may not be for more than four years.”

(c) Article 5 is amended as follows:

“the level of his duties and” is inserted after “corresponds to”;

The following paragraph is added:

i.

ii.

Detailed rules for the application of the first paragraph shall be laid down by the Appointing
Authority,  after  consultation  of  the  Staff  Committee;  the  Appointing  Authority  shall  also
decide on the entitlement to furniture and other fittings for accommodation, in line with the
conditions applying at each place of employment.”

In  Article  6,  “five  calendar  days”  is  replaced  by  “three  and  a  half  working

(d)
days”.

(e) Article 7 is amended as follows:

In the first paragraph, “five calendar days” is replaced by “three and a half working
days” and “two and a half calendar days” is replaced by “two working days”;

In  the  second  paragraph,  “20  calendar  days”  is  replaced  by  “14  working  days”.

(f)

Article 9 is amended as follows:

In paragraph 1, “20 consecutive calendar days” is replaced by “14 working days”.

The first subparagraph of paragraph 2 is amended as follows:

i.

ii.

i.

ii.

“calendar days” is replaced by “working days”.

The second sentence is deleted.

(g) Article 10(1) is amended as follows:

i.

The sixth subparagraph is amended as follows:

in the fourth indent, “8” is replaced by “7”;

in the fifth indent, “8” is replaced by “9, but not greater than 11”;

the following indent is inserted after the fourth indent:

“30% where the value is greater than 7 but not greater than 9,”;

the  following  indent  is  added:  “-  40%  where  the  value  is  greater  than  11.”

72

ii.

The following subparagraphs are added:

“Officials  who,  in  the  course  of  their  career,  have  been  assigned  to  a  place  considered
difficult or very difficult and where the allowance for living conditions corresponds to 30%,
35% or 40% and who accept a transfer to another place where the allowance corresponds to
30%, 35% or 40% shall receive, in addition to the  allowance for  living conditions for their
new place of employment, a supplementary premium of 5% of the reference amount referred
to in the first subparagraph.

That premium shall be granted cumulatively on each assignment of the official to a place of
employment considered difficult or very difficult; however, the sum of the allowance for living
conditions and the premium may not exceed 45% of the reference amount referred to in the
first subparagraph.”

In the first sentence of the first paragraph of Article 13, “every six months” is

(h)
replaced by “once a year”.

(i)
In the first paragraph of Article 16, “either euros or the currency of the country
of employment” is replaced by “euro, in the currency of the country of employment or
in the currency in which the expenditure was incurred”.

(j)

Article 17 is amended as follows:

The first paragraph is amended as follows:

“not  in  furnished  accommodation  provided  by  the  institution”  is  replaced  by

“provided accommodation pursuant to Article 5 or 23 and”;

[amendment which does not concern the English version]

in the second paragraph, “his actual installation expenses” is replaced by “the other
expenses incurred by this change of residence”.

i.

– 

– 

ii.

(k) Article 18 is amended as follows:

i.

The second and third paragraphs are replaced by the following:

“The official shall also receive the daily allowance provided for in Article 10 of Annex VII,
less 50%, except in cases of force majeure to be determined by the Appointing Authority.”

ii.

[amendment which does not concern the English version].

(l)

Article 19 is amended as follows:

i.

“relating to official business within his area of activity” is replaced by “ on official
duties”
business 

concerned  with 

performance 

directly 

the 

his 

of 

ii.

“the use of” in the first line is replaced by “access to”.

(m) The first and second paragraphs of Article 21 are replaced by the following:

“Where an official is obliged to change his place of residence in order to comply with Article
20 of the Staff Regulations on taking up his appointment or on transfer, the institution shall,

73

subject to the conditions laid down by the Appointing Authority and depending on the type of
accommodation that can be provided for him at the place of employment, bear the cost of:

- moving part or all of his furniture and personal effects from their location at the time to the
place  of  employment  and  of  transporting  his  personal  effects,  in  the  event  that  unfurnished
accommodation is provided;

-  transporting  his  personal  effects  or  of  storage  of  his  furniture  and  personal  effects  in  the
event that furnished accommodation is provided.”

(n)

In Article 23, “the level of his duties “is replaced by “his duties.”

(o) Chapter 5, comprising Article 26, is deleted.

(p) Chapter 6, comprising Article 27, is deleted.

96. 

Annex XI is replaced by the following:

ANNEX XI

Chapter 1 – Annual review of remuneration (Article 65(1) of the Staff Regulations)

SECTION 1: FACTORS DETERMINING ANNUAL ADJUSTMENTS

Article 1

1.

Report from Eurostat (the Statistical Office of the European Communities)

For the purposes of the review provided for in Article 65(1) of the Staff Regulations, Eurostat
shall draw up every year before the end of October a report on changes in the cost of living in
Brussels,  the  economic  parities  between  Brussels  and  certain  places  in  the  Member  States,
and changes in the purchasing power of salaries in national civil services.

2.

Changes in the cost of living for Brussels (Brussels International Index)

Eurostat  shall  draw  up  an  index,  based  on  data  provided  by  the  Belgian  authorities,  to
measure changes in the cost of living for officials of the European Communities in Brussels.
This index (to be known as Brussels International Index) shall take into account the changes
between  June  of  the  previous  year  and  June  of  the  current  year  and  shall  be  based  on  the
statistical methodology defined by the Working Group on Article 64 of the Staff Regulations
(see Article 13).

3.

Changes in the cost of living outside Brussels (economic parities and implicit indices)

Eurostat  shall,  in  agreement  with  national  statistical  institutes  or  other  appropriate
(a)
authorities  in  the  Member  States,  calculate  the  economic  parities  which  establish  the
equivalence of purchasing power:

– 

of the salaries of officials of the European Communities serving in the capitals of the
Member  States  (except  for  the  Netherlands,  where  The  Hague  is  used  instead  of
Amsterdam) and in certain other places of employment with reference to Brussels,

74

– 

(b)

of the pensions of officials paid in the Member States with reference to Belgium.

The economic parities shall refer to the month of June each year.

(c)
The  economic  parities  shall  be  calculated  in  such  a  way  that  each  basic  component
can be updated twice per year and checked by a direct survey at least once every five years.
Eurostat shall update the economic parities using the most appropriate indices as defined by
the Working Group on Article 64 of the Staff Regulations (see Article 13).

(d)
Outside Belgium and Luxembourg, changes in the cost of living during the reference
period shall be measured by the implicit indices. These indices are calculated by multiplying
the Brussels International Index by the change in the economic parity.

Changes  in  the  purchasing  power  of  salaries  of  national  civil  servants  in  central

4.
government (specific indicators).

For the purpose of measuring the percentage change, either upward or downward, in
(a)
the purchasing power of salaries in the national civil services, Eurostat shall, on the basis of
information  supplied  before  the  end  of  September  by  the  national  authorities  concerned,
calculate specific indicators reflecting changes  in  the  real remuneration  of  civil  servants  in
central government, between 1 July of the previous year and 1 July of the current year.
The specific indicators shall take two forms:

– 

– 

one indicator for each of the function groups, as defined in the Staff Regulations,

an  average  indicator  weighted  to  reflect  the  number  of  national  civil  servants

corresponding to each function group.

Each  of  these  indicators  shall  be  established  in  real  gross  and  real  net  terms.  For  the
transition  from  gross  to  net,  account  shall  be  taken  of  statutory  deductions  and  general
taxation factors.

To  establish  gross  and  net  indicators  for  the  European  Union  total,  the  results  per  country
shall  be  weighted  in  proportion  to  their  national  GDP  measured  using  purchasing  power
parities  as  shown  in  the  most  recent  statistics  published  in  accordance  with  the  national
accounts definitions in the European Systems of Accounts (ESA) currently in force.

(b)
At the request of Eurostat, the appropriate national authorities shall supply it with the
additional information which it considers necessary in order to draw up a specific indicator
accurately measuring changes in the purchasing power of national civil servants.

If, after  further  consultation  of  the  national  authorities  concerned,  Eurostat  finds  statistical
anomalies  in  the  information  obtained  or  finds  it  impossible  to  draw  up  indicators  which
measure with statistical accuracy the changes in the real income of civil servants in a given
Member State, it shall report to the Commission and provide it with all the material it needs
to make an assessment.

(c)
Besides  the  specific  indicators,  Eurostat  shall  calculate  certain  control  indicators.
One  such  indicator  shall  be  in  the  form  of  data  on  real  per  capita  emoluments  in  central
government, drawn up in accordance with the national accounts definitions in the European
System of Accounts currently in force.

75

The  Eurostat  report  on  the  specific  indicators  shall  be  accompanied  by  comments  on  the
differences between these indicators and the above-mentioned control indicators.

Article 2

The  Commission  shall  produce  a  comprehensive  report  every  three  years  on  the  recruitment
requirements of the institutions and transmit it to the European Parliament and the Council. On
the  basis  of  this  report  the  Commission  shall,  if  necessary,  present  proposals  based  on  all
relevant factors to the Council after consulting the other institutions within the framework of the
Staff Regulations.

SECTION 2: ARRANGEMENTS FOR THE ANNUAL ADJUSTMENT OF REMUNERATION AND
PENSIONS

Article 3

1.
Under  Article  65(3)  of  the  Staff  Regulations,  the  Council,  acting  on  a  Commission
proposal and on the basis of the criteria set out in Section 1, shall take a decision before the
end of each year adjusting remuneration and pensions, with effect from 1 July.

2.
The  amount  of  the  adjustment  shall  be  obtained  by  multiplying  the  Brussels
International  Index  by  the  specific  indicator.  The  adjustment  shall  be  in  net  terms  as  a
uniform across-the-board percentage.

The amount of the adjustment thus fixed shall be incorporated, in accordance with the
3.
following method, in the basic salary tables appearing in Article 66 and in Annex XIII to the
Staff  Regulations  and  in  Articles  20,  63  and  90  of  the  Conditions  of  Employment  of  other
servants:

– 

– 

– 

the net remuneration and net pension without correction coefficient shall be increased

or reduced by the annual adjustment referred to above,

the  new  table  of  basic  salaries  shall  be  drawn  up  by  calculating  the  gross  amount
which,  after  deduction  of  tax  having  regard  to  paragraph  4  and  compulsory
deductions  for  social  security  and  pension  contributions,  corresponds  to  the  net
amount,

the conversion of net amounts into gross amounts shall be based on the situation of an
unmarried  official  who  does  not  receive  the  allowances  provided  for  in  the  Staff
Regulations.

4.
For  the  purposes  of  applying  Regulation  (EEC,  Euratom,  ECSC)  No  260/68  of  the
Council of 29 February 1968 laying down the conditions and procedure for applying the tax
for the benefit of the European Communities, the amounts in Article 4 of that Regulation shall
be multiplied by a factor composed of:

– 

– 

the factor resulting from the previous adjustment, and/or

the rate of adjustment of remuneration referred to in paragraph 2,

76

5.

No correction coefficient shall be applicable in Belgium and Luxembourg .

The correction coefficients applicable to:

-  the  salaries  of  officials  of  the  European  Communities  serving  in  the  other  Member  States
and in certain other places of employment,

-  by  derogation  from  Article  82(1),  the  European  Communities  pensions  paid  in  the  other
Member States in respect of the years of pensionable service acquired before [1 May 2004].

shall be determined on the  basis  of  the  ratios between  the  corresponding  economic  parities
referred to in Article 1 and the exchange rates specified in Article 63 of the Staff Regulations
for the relevant countries.

The procedures laid down in Article 8 concerning the retrospective application of correction
coefficients in places of employment with a high rate of inflation shall apply.

6.
The  institutions  shall  make  the  corresponding  positive  or  negative  adjustment  to  the
remuneration and pensions of the officials, former officials and other persons concerned with
retroactive effect for the period between the effective date and the date of entry into force of
the decision on the next adjustment.

If this retroactive adjustment necessitates the recovery of sums overpaid, such recovery may
be spread over a period of not more than twelve months from the date of entry into force of
the decision on the next annual adjustment.

Chapter 2 – Intermediate adjustments of remuneration and pensions (Article 65(2) of
the Staff Regulations)

Article 4

1.
Intermediate  adjustments  of  remuneration  and  pensions  pursuant  to  Article  65(2)  of
the Staff Regulations, taking effect on 1 January, shall be made in the event of a substantial
change  in  the  cost  of  living  between  June  and  December  (by  reference  to  the  sensitivity
threshold defined in Article 6(1)) and with due allowance being made for the forecast of the
change in purchasing power during the current annual reference period.

The Commission proposal shall be sent to the Council not later than the second half of

2.
April.

3.

These intermediate adjustments shall be taken into account in the annual

salary adjustment.

Article 5

1.
In March  each  year  Eurostat shall make  a  forecast  of  changes  in  purchasing  power
over the period concerned  on the basis  of the  information supplied at the meeting  provided
for in Article 12.

77

If  this  forecast  produces  a  negative  percentage,  half  of  this  percentage  shall  be  taken  into
account in the calculation of the intermediate adjustment.

The  change  in  the  cost  of  living  for  Brussels  shall  be  measured  by  the  Brussels

2.
International Index for the period from June to December of the previous calendar year.

3.
For  each  place  for  which  a  correction  coefficient  has  been  set  (other  than  Belgium
and  Luxembourg),  an  estimate  for  December  of  the  economic  parities  mentioned  in  Article
1(3) shall be calculated. The change in the cost of living shall be calculated according to the
rules set out in Article 1(3).

Article 6

The  sensitivity  threshold  for  the  six-month  period  mentioned  in  Article  5(2)  of  this

1.
Annex shall be 3.5%.

The threshold shall be applied in accordance with the following procedure, subject to

2.
application of the second subparagraph of Article 5(1):

- if the sensitivity threshold is reached or exceeded in Brussels (as measured by the Brussels
International  Index  between  June  and  December),  the  remuneration  for  all  places  shall  be
adjusted following the annual adjustment procedure,

-  if  the  sensitivity  threshold  is  not  reached  in  Brussels,  only  the  correction  coefficients  of
places  where  the  change  in  the  cost  of  living  (as  measured  by  the  implicit  indices  between
June and December) has exceeded the threshold shall be adjusted.

For the purposes of Article 6:

Article 7

The  amount  of  the  adjustment  shall  be  the  Brussels  International  Index,  multiplied,  where
appropriate, by half of the specific indicator forecast if this is negative.

Correction coefficients shall be the ratio between the relevant economic parity and the
exchange rate provided for in Article 63 of the Staff Regulations, multiplied, if the adjustment
threshold is not reached for Brussels, by the value of the adjustment.

Chapter 3 – Date on which a correction coefficient comes into effect
(places of employment with a high cost-of-living increase)

Article 8

1.
For  places  with  a  high  cost-of-living  increase  (as  measured  by  the  change  in  the
implicit indices), the correction coefficient shall come into effect before 1 January in the case
of the intermediate adjustment, or 1 July in the case of the annual adjustment. This is so as to
bring the loss in purchasing power into line with what it would be in a place of employment
where the change in the cost of living corresponded to the sensitivity threshold.

78

2.

The effective dates for the annual adjustment shall be as follows:

- 16 May for places of employment having an implicit index higher than 6.3%, and

- 1 May for places of employment having an implicit index higher than 12.6%.

3.

The effective dates for the intermediate adjustment shall be as follows:

- 16 November for places of employment having an implicit index higher than 6.3%, and

- 1 November for places of employment having an implicit index higher than 12.6%.

Chapter 4 – Creation and withdrawal of correction coefficients (Article 64 of the Staff
Regulations)

Article 9

1.
The appropriate authorities of the Member States concerned, the administration of an
European Communities institution or the representatives of European Communities officials
in a given place of employment can request the creation of a correction coefficient specific to
that place.

This  request  should  be  supported  by  objective  factors  revealing  an  appreciable  difference
over some years in the cost of living between that place of employment and the capital of the
Member  State  concerned  (except  for  the  Netherlands  where  The  Hague  is  used  instead  of
Amsterdam).  If  Eurostat  confirms  that  the  difference  is  appreciable  (more  than  5  %)  and
sustainable, the Commission should present a proposal to set a correction coefficient for that
place.

Likewise the Council shall decide,  on a proposal from the Commission,  to withdraw
2.
the application of a correction coefficient specific to a certain place. In that case the proposal
shall be based on one of the following:

a  request  by  the  appropriate  authorities  of  the  Member  State  concerned,  the
-
administration  of  a  European  Communities  institution  or  the  representatives  of  European
Communities officials in a given place of employment showing that the cost of living in that
place is no longer significantly different (less than 2 %) than that of the capital of the Member
State concerned. This convergence should be sustainable and validated by Eurostat.

the fact that there are no longer any European Communities staff15 employed in that

-
place.

The Council shall decide on the proposal in accordance with the second paragraph of

3.
Article 64 of the Staff Regulations.

15

Officials and temporary staff

79

                                                
Chapter 5 – Exception clause

Article 10

If  there  is  a  serious  and  sudden  deterioration  in  the  economic  and  social  situation  within  the
Community, assessed in the light of objective data supplied for this purpose by the Commission,
the  latter  shall  submit  appropriate  proposals  on  which  the  Council  shall  act  by  qualified
majority after consulting the other institutions concerned in accordance with the procedure laid
down in the Article 283 of the Treaty.

Chapter 6 – Role of Eurostat and relations with the appropriate authorities in the
Member States

Article 11

It shall be the task of Eurostat to monitor the quality of basic data and statistical methods used to
work out the factors taken into account for the adjustment of remuneration. In particular, it shall
make any assessments or carry out any studies required for such monitoring.

Article 12

In  March  each  year  Eurostat  shall  convene  a  working  group  composed  of  experts  from  the
appropriate authorities in the Member States to be known as the “Working Group on Article 65
of the Staff Regulations”.

At  this  meeting,  the  statistical  methodology  and  its  implementation  concerning  specific  and
control indicators shall be examined.

The information required to produce a forecast of changes in purchasing power for the purposes
of the intermediate adjustment of remuneration shall also be provided, together with the data on
working hours in central government departments.

Article 13

At  least  once  a  year  and  not  later  than  September,  Eurostat  shall  convene  a  working  group
composed of experts from the appropriate authorities in the Member States to be known as the
“Working Group on Article 64 of the Staff Regulations”.

At this meeting, the statistical methodology and its implementation concerning the establishment
shall  be  examined.
of 

Index  and  economic  parities 

the  Brussels 

International 

Article 14

At the request of Eurostat, Member States shall inform Eurostat of any factors having a direct or
indirect impact on the composition and changes in the remuneration of central government civil
servants.

80

Chapter 7 – Final provision and review clause

Article 15

1.

The provisions of this Annex shall apply from 1 July 2004 to 30 June 2013.

2.
They shall be reviewed at the  end of the fourth year particularly in the light of their
budgetary implications. To  this end,  the Commission  shall  submit  a  report  to  the  European
Parliament and the Council and, where appropriate, a proposal to amend this annex on the
basis of Article 283 of the EC Treaty.

97. 

The following Annex XII is added:

“ANNEX XII
Rules for implementing Article 83a of the Staff Regulations

Chapter 1 : General principles

Article 1

1.  In  order  to  determine  the  contribution  of  officials  to  the  pension  scheme  referred  to  in
Article  83a (2)  of  the  Staff  Regulations,  the  Commission  shall,  every  five  years  starting  in
2004, carry out the actuarial assessment of the balance of the pension scheme referred to in
Article 83a (3) of the Staff Regulations

2. In preparation for the examination referred to in Article 83a(4) of the Staff Regulations, the
Commission shall every year update this actuarial assessment, having regard to changes in
the population as defined in Article 9, in the interest rate as defined in Article 10 and in the
rate of annual change in the salary scales of EC officials as defined in Article 11.

3.  The  assessment  and  updates  shall  be  carried  out  in  each  year  n,  on  the  basis  of  the
population of active members of the pension scheme at 31 December of the previous year (n-
1).

Article 2

1. Any adjustment of the contribution rate shall take effect on 1 July at the same time as the
annual  adjustment  of  remunerations  under  Article  65  of  the  Staff  Regulations .  Any
adjustment shall not lead  to a  contribution being  more  than  one  percentage  point  above  or
below the valid rate of the previous year.

2.  The  adjustment  taking  effect  on  1  July  2004  shall  not  lead  to  a  contribution  higher  than
9.75 %. The adjustment taking effect on 1 July 2005 shall not lead to a contribution  higher
than 10.25 %.

3.  The  difference  established  between  the  adjustment  of  the  contribution  rate  which  would
have resulted from the actuarial calculation and the adjustment resulting from the variation
referred  to  in  paragraph  2  shall  not  be  recovered  at  any  time,  or,  consequently,  taken  into
account in subsequent actuarial calculations.

81

Chapter 2 : Assessment of the actuarial balance

Article 3

The five-yearly actuarial assessments shall lay down the conditions for balance by taking into
account, as charges on the scheme, the retirement pension as defined in Article 77 of the Staff
Regulations,  the  invalidity  allowance  as  defined  in  Article  78  of  the  Staff  Regulations,
survivors' pensions as defined in Articles 79 and 80 of the Staff Regulations.

Article 4

1.The actuarial balance shall be assessed on the basis of the method for calculation set out in
this chapter.

2.  Under  the  method,  the  “actuarial  value”  of  the  pension  rights  earned  before  the
calculation  date  represents  a  past  service  liability,  while  the  actuarial  value  of  the  pension
rights that will be earned in the year of service beginning on the calculation date represents
the “service cost”.

3. It is assumed that all retirements (except for invalidity) will occur at a fixed average age r.
The average retirement age shall be updated only on the occasion of the five-yearly actuarial
assessment referred to in Article 1 and may be different for different groups of staff.

4. In determining the actuarial values,

a)  the  future  changes  in  each  official’s  basic  salary  between  the  calculation  date  and  the
assumed retirement age shall be taken into account;

b) the pension rights earned before the calculation date (the past service liability) shall not be
taken  into  account  since  under  Article  83  (2)  of  the  Staff  Regulations  officials  have  fully
financed  one  third  of  the  actuarial  cost  of  the  scheme  (their  share  of  the  past  services
liability).

5. All the relevant provisions foreseen in these Staff Regulations (particularly in annexes VIII
and XIII) shall be taken into account in the actuarial evaluation of the service cost.

6. A smoothing process shall be applied  to determine the real  discount  rate  and the rate  of
annual change in the salary scales of EC officials. The smoothing shall be obtained through a
12-year moving average for the interest rate and for the increase in the salary scales. .

1. The contribution formula is based on the equation:

Article 5

year n contribution rate = year n service cost / total annual basic salaries

2. The contribution of officials to the cost of financing the pension scheme shall be calculated
as one third of the ratio between the service cost of the current year (n) for all officials who
are active members  of  the  pension  scheme  and  the  total  annual  basic  salaries  for  the  same

82

population of active members of the pension scheme at 31 December of the previous year (n-
1).

3. The service cost shall be the sum of:

a)  the  retirement  service  cost  (detailed  in  article  6),  i.e.  the  actuarial  value  of  the  pension
rights that will be earned during year n, including the value of the portion of that pension that
will become payable to the surviving spouse and/or dependent children upon the death of the
official after retirement (reversion);

b)  the  invalidity  service  cost  (detailed  in  article  7),  i.e.  the  actuarial  value  of  the  pension
rights  that  will  become  payable  to  the  active  officials  who  are  expected  to  become  invalids
during year n; and

c)  the  survivor’s  service  cost  (detailed  in  article  8),  i.e.  the  actuarial  value  of  the  pension
rights that will become payable on behalf of active officials who are expected  to die  during
year n.

4.  The  evaluation  of  the  service  cost  shall  be  based  on  the  pension  rights  and  on  the
appropriate annuities, as detailed in articles 6 to 8.

These annuities shall give the actuarial present value of 1 € per year, taking into account the
interest rate, the rate of annual change in the salary scales and the probability to be still alive
at the age of retirement.

5.  The  minimum  subsistence  figures  mentioned  in  the  chapter  2  of  the  title  V  of  the  Staff
Regulations and in the annex VIII shall be taken into account.

Article 6

1.  In  order  to  calculate  the  value  of  retirement  pensions,  the  pension  rights  earned  during
year n shall be calculated for each active official by multiplying his projected basic salary at
retirement by his applicable accrual factor.

If the cumulated pension rights (rights from the recruitment, including transfers) credited to
the official at 31 December of year n-1 are at least 70 % he will deemed not to have acquired
any right to pension during year n.

2. The Projected basic Salary (PS) at retirement shall be calculated starting from the basic
salary  at  31  December  of  the  previous  year  and  taking  into  account  the  rate  of  annual
increase in the salary scales and the  estimated annual rate of increase due  to  seniority and
promotions as follows:

PS

(cid:3)

SAL

(cid:2)

(cid:1)
1

(cid:1)

GSG

(cid:1)

ISP

(cid:2)m

where:

SAL = present salary

GSG  =  estimated  annual  rate  of  General  Salary  Growth,  (the  rate  of  annual  change  in  the
salary scales)

83

ISP = estimated annual rate of Increase due to Seniority and Promotions

m = difference between the assumed age of retirement (r) and the official present age (x)

Since the calculations shall be made in real terms, net of inflation, the rate of annual change
in the salary scales and the annual rate of increase due to seniority and promotions shall be
rates of increases net of inflation.

3.  On  the  basis  of  the  calculation  of  the  pension  rights  earned  by  a  given  official,  the
actuarial value of those pension rights (and of the reversionary pensions linked to them) shall
be calculated by multiplying the annual pension rights as defined above by the sum of:

a) an immediate deferred annuity at age x, deferred m years

a

x

m

(cid:1)

(cid:2)(cid:1)
x
1

(cid:9) (cid:1)

(cid:2)(cid:3)
1

mk

(cid:1)

k

5.0

(cid:8)
(cid:6)
(cid:7)

1

1
(cid:1)

τ

(cid:5)
(cid:3)
(cid:4)

(cid:2)

p

x

k

(cid:1)
(cid:1)(cid:2)
1

(cid:2)

GSG

(cid:1)(cid:1)

mk

5.0

where:

x = official’s age at 31 December of year n-1

(cid:1)(cid:2)(cid:2)(cid:3)(cid:2) interest rate

kpx = probability of a person of age x still being alive in k years

m = difference between the assumed age of retirement (r) and the official present age (x)

GSG  =  estimated  annual  rate  of  General  Salary  Growth,  (the  rate  of  annual  change  in  the
salary scales)

(cid:4)(cid:2)(cid:3)(cid:2) ceiling of the mortality table

and

b) an immediate deferred reversionary annuity at ages x and y, where y is the assumed age of
the spouse. This latter annuity shall be multiplied by the  probability  of  the  official  of  being
married and by the applicable reversion rate established in accordance with Annex VIII.

a

xy

m

(cid:1)

(cid:2)(cid:1)
x
1

(cid:10) (cid:1)

(cid:2)(cid:3)
1

mk

(cid:1)

k

5.0

(cid:9)
(cid:7)
(cid:8)

1

1
(cid:1)

τ

(cid:6)
(cid:4)
(cid:5)

(cid:2)

p

y

k

(cid:2)

(cid:3)
1(

p

x

)

k

(cid:1)
(cid:1)(cid:2)
1

GSG

(cid:1)(cid:1)

mk

(cid:2)

5.0

where:

x = official’s age at 31 December of year n-1

y = age of the official’s spouse at 31 December of year n-1

(cid:1) (cid:3) interest rate

84

kpx = probability of an official of age x still being alive in k years

kpy  =  probability  of  a  person  of  age  y  (spouse  of  the  official  of  age  x)  still  being  alive  in  k
years

m = difference between the assumed age of retirement (r) and the official present age (x)

GSG  =  estimated  annual  rate  of  General  Salary  Growth,  (the  rate  of  annual  change  in  the
salary scales)

(cid:1)(cid:2)(cid:3)(cid:2) ceiling of the mortality table

4. The calculation of the service cost for retirement shall take into account:

a) the accrual incentive for officials remaining in service after the pensionable age;

b) the reduction coefficient for officials leaving the service before the pensionable age.

Article 7

1.  In  order  to  calculate  the  value  of  invalidity  allowances,  the  number  of  such  allowances
expected  to  become  payable  during  year  n  shall  be  measured  by  applying  to  each  active
official the probability that he could become an invalid during the year. That probability shall
then  be  multiplied  by  the  annual  amount  of  the  invalidity  allowances  to  which  the  official
should become entitled.

2.  In  calculating  the  actuarial  value  of  the  invalidity  allowances  first  becoming  payable  in
year n, the following annuities shall be used:

a) an immediate temporary annuity at age x

(cid:1)

k

5.0

a

x

m

(cid:9) (cid:1)

(cid:2)
1

k

(cid:8)
(cid:6)
(cid:7)

1

1
(cid:1)

τ

(cid:5)
(cid:3)
(cid:4)

(cid:2)

p

x

k

(cid:1)
(cid:1)(cid:2)
1

GSG

(cid:1)

k

5.0

(cid:2)

where:

x = official’s age at 31 December of year n-1

(cid:1)(cid:2)(cid:2)(cid:3)(cid:2) interest rate

kpx= probability of a person of age x still being alive in k years

m= difference between the assumed age of retirement (r) and the official present age (x)

GSG  =  estimated  annual  rate  of  General  Salary  Growth,  (the  rate  of  annual  change  in  the
salary scales)

b)  an  immediate  reversionary  annuity.  This  latter  annuity  shall  be  multiplied  by  the
probability of the official of being married and by the applicable reversion rate.

85

(cid:1)

k

5.0

a

xy

m

(cid:10) (cid:1)

(cid:2)
1

k

(cid:9)
(cid:7)
(cid:8)

1
(cid:1)

τ

(cid:6)
(cid:4)
(cid:5)

1

(cid:2)

p

y

k

(cid:3)(cid:2)
(
1

)p
x

k

(cid:1)
(cid:1)(cid:2)
1

GSG

(cid:1)

k

5.0

(cid:2)

where:

x = official’s age at 31 December of year n-1

y = age of the official’s spouse at 31 December of year n-1

(cid:1)(cid:2)(cid:2)(cid:3)(cid:2) interest rate

kpx = probability of a person of age x still being alive in k years

kpy = probability of a person of age y (spouse of the person of age x) still being alive in k years

m = difference between the assumed age of retirement (r) and the official present age (x)

GSG  =  estimated  annual  rate  of  General  Salary  Growth,  (the  rate  of  annual  change  in  the
salary scales)

Article 8

1. The value of the pension rights that will become payable to survivors during year n shall be
measured by applying to each active official the probability that he might die during the year.
That probability shall then be multiplied by the annual amount of spouse's pension that will
become  payable  in  the  current  year.  The  calculation  shall  take  into  account  the  possible
orphans' pensions that might become payable.

2.  In  calculating  the  actuarial  value  of  the  pension  rights  that  will  become  payable  to
survivors during year n, an immediate annuity shall be used. This annuity shall be multiplied
by the probability that the official is married.

a

y

(cid:1)

(cid:2)(cid:1)
1
y

(cid:9) (cid:1)

(cid:3)
1

k

(cid:1)

k

5.0

(cid:8)
(cid:6)
(cid:7)

1
(cid:1)

τ

1

(cid:5)
(cid:3)
(cid:4)

(cid:2)

(cid:2)

p

y

k

(cid:1)

(cid:1)

1

GSG

(cid:2)

k

(cid:1)

5.0

where:

y = age of the official’s spouse at 31 December of year n-1

(cid:1)(cid:2)(cid:3)(cid:2) interest rate

kpy = probability of a person of age y (spouse of the person of age x) still being alive in k years

GSG  =  estimated  annual  rate  of  General  Salary  Growth,  (the  rate  of  annual  change  in  the
salary scales)

(cid:1)(cid:2)(cid:3)(cid:2) ceiling of the mortality table

86

Chapter 3 : System of computation

Article 9

1. The demographic parameters to be  taken  into  consideration  for  the  actuarial  assessment
shall  be  based  on  observation  of  the  population  of  participants  in  the  scheme,  comprising
staff  in  active  service  and  pensioners.  This  information  shall  be  collected  annually  by  the
Commission  using  information  received  from  the  different  institutions  and  agencies  whose
staff are members of the scheme.

From  the  observation  of  this  population  shall  be  deduced  in  particular  the  structure  of  the
population, the average age of retirement and the invalidity table.

2.  The  mortality  table  shall  relate  to  a  population  which  has  characteristics  as  close  as
possible to those of the population of members of the scheme. It shall be updated only on the
occasion of the five-yearly actuarial assessment referred to in Article 1.

Article 10

1.  The  interest  rates  to  be  taken  into  consideration  for  the  actuarial  calculations  shall  be
based on the observed average annual interest rates on the long-term public debt of Member
States as published by the Commission. An appropriate consumer price index shall be used to
calculate  the  corresponding  interest  rate  net  of  inflation  as  needed  for  the  actuarial
calculations.

2. The effective annual rate to be taken into consideration for the actuarial calculations shall
be the average of the real average interest rates for the 12 years preceding the current year.

Article 11

1. The annual change in the salary scales of officials to be taken into consideration for the
actuarial  calculations  shall  be  based  on  the  specific  indicators  referred  to  in  article  1.4  of
Annex XI.

2. The effective annual rate to be taken into consideration for the actuarial calculations shall
be the average of the net specific indicators for the EU for the 12 years preceding the current
year.

Article 12

The rate in Articles 4 and 8 of Annex VIII for the calculation of compound interest shall be
the effective rate referred to in Article 10 and shall, if necessary, be revised on the occasion
of the five-yearly actuarial assessments.

87

Chapter 4 : Implementation

Article 13

1. Eurostat shall be the authority responsible for the technical implementation of this Annex.

2. The actuarial assessments referred to in Article 1 may be entrusted by Eurostat to one or
more qualified independent experts. Eurostat  shall  provide  such  experts  with,  in  particular,
the parameters referred to in Articles 9 to 11.

3. Each year on 1 September Eurostat shall submit a report on the assessments and updatings
referred to in Article 1.

4.  Any  questions  of  methodology  raised  by  the  implementation  of  this  Annex  shall  be  dealt
with  by  Eurostat  in  cooperation  with  national  experts  from  the  relevant  departments  of  the
Member  States  and  the  qualified  independent  expert  or  experts.  Eurostat  shall  convene  a
meeting  of  this  group  for  that  purpose  at  least  each  five  years  at  the  occasion  of  the  five-
yearly  actuarial  assessments.  However,  Eurostat  may  convene  more  frequent  meetings  if  it
feels it necessary.

Chapter 5 : Revision clause

Article 14

1. Articles 2 (1) second sentence, and (3), 9, 10, 11 and 12 of this Annex shall apply from [1 July
2004 to 30 June 2013].

2. On the occasion of the five-yearly actuarial assessment , this Annex may be reconsidered by
the Council, particularly in the light of its budgetary implications and actuarial balance, on the
basis  of  a  report  together  with,  if  appropriate,  a  proposal  from  the  Commission  made  after
securing the opinion of the Staff Regulations Committee. The Council shall act on this proposal
by  the  qualified  majority  provided  for  in  the  first  indent  of  Article  205  (2)  of  the  Treaty
establishing the European Community.

3. By way of derogation from Article 83a of these Staff Regulations and paragraph 2 above, the
second  assessment,  a  report  and,  if  necessary,  a  proposal  from  the  Commission  shall  be
submitted to the Council by the end of 2008.

98. 

The following Annex XIII is added:

“ANNEX XIII
Transitional measures applicable to officials of the Communities

88

SECTION 1

Article 1

1.  For  the  period  from  ….(date  of  entry  into  force)  to  ….(date  of  entry  into  force+2  years)
paragraphs 1 and 2 of Article 5 of the Staff Regulations are replaced by the following:

The posts covered by the Staff Regulations shall be classified, according to the
“1.
nature and importance of the duties to which they relate, in four categories A, B, C
and D, in descending order of rank.

2.
Category  A  shall  comprise  twelve  grades,  category  B  shall  comprise  nine
grades,  category  C  shall  comprise  seven  grades  and  category  D  shall  contain  five
grades.”

2.  Any  reference  to  the  date  of  recruitment  shall  be  taken  to  refer  to  the  date  of  entry  into
service.

Article 2

1.
On  …  (date  of  entry  into  force),  the  grades  of  officials  having  one  of  the
administrative statuses set out in Article 35 of the Staff Regulations shall be renamed
as follows:

Former
grade

New  (intermediate)
grade

Former
grade

New
(intermediate)
grade

Former
grade

New
(intermediate)
grade

Former
grade

New
(intermediate)
grade

A1

A2

A*16

A*15

A3/LA3

A*14

A4/LA4

A*12

A5/LA5

A*11

A6/LA6

A*10

A7/LA7

A8/LA8

A*8

A*7

B1

B2

B3

B4

B5

B*10

B*8

B*7

B*6

B*5

C1

C2

C3

C4

C5

C*6

C*5

C*4

C*3

C*2

D1

D2

D3

D*4

D*3

D*2

89

Subject to the provisions of Article 7, basic monthly salaries shall be determined for

2.
each grade and step as provided for in the following tables16 (in euro)

16

The amounts in the table are based on the amounts specified in the Staff Regulations in [July 2001] and
shall be updated automatically on the basis of the adjustments of those amounts decided by the Council
between [July 2001] and the date of entry into force of this Regulation.

90

                                                
New

intermed
i
t
grade

A*16

Former
grade

A1

A2

A*15

A3/LA 3

A*14

A4/LA 4

A*13
A*12

A5/LA 5

A*11

A6/LA 6

A*10

A7/LA 7

A*9
A*8

A8/LA 8

A*7

A*6
A*5

Category A

1

2

3

4

5

6

7

8

13917,93
11940,71
0,857937
12301,13
10596,40
0,861417
10872,14
8775,74
0,807177
9609,16
8492,89
7372,55
0,868085
7506,29
6078,30
0,809761
6634,31

14502,78
12575,01
0,867076
12818,04
11201,67
0,873899
11329,00
9305,18
0,821359
10012,95
8849,77
7785,79
0,879773
7821,72
6438,40
0,823144
6913,09

15112,21
13209,31
0,874082
13356,67
11806,94
0,883973
11805,06
9834,62
0,833085
10433,70
9221,65
8199,03
0,889107
8150,40
6798,50
0,834131
7203,59

15112,21
13843,61
0,916055
13728,27
12412,21
0,904135
12133,50
10364,06
0,854169
10723,99
9478,21
8612,27
0,908639
8377,16
7158,60
0,854538
7404,01

15112,21
14477,91
0,958027
13917,93
13017,48
0,935303
12301,13
10893,50
0,885569
10872,14
9609,16
9025,51
0,939261
8492,89
7518,70
0,885293
7506,29

15112,21
15112,21
1,000000
14502,78
13622,75
0,939320
12818,04
11422,94
0,891161

10012,95
9438,75
0,942654
8849,77
7878,80
0,890283
7821,72

13356,67
11952,38
0,894862

13917,93
12481,82
0,896816

10433,70
9851,99
0,944247
9221,65
8238,90
0,893430
8150,40

10872,14
10265,23
0,944178
9609,16
8599,00
0,894875
8492,89

5252,79

5539,39

5825,99

6112,59

6399,19

6685,79

6972,39

7258,99

0,791761
5863,62
5182,46
4521,59
0,872479
4580,43
3998,94
0,873049
4048,34
3578,05

0,801290
6110,02
5400,24
4746,58
0,878957
4772,91
4160,21
0,871630
4218,45
3728,41

0,808762
6366,77
5627,16
4971,57
0,883495
4973,47

0,825578
6543,90
5783,72
5196,56
0,898481
5111,84

0,852510
6634,31
5863,62
5421,55
0,924608
5182,46

4395,72
3885,08

4518,01
3993,17

4580,43
4048,34

0,854772

0,855466

0,854714

6110,02
5646,54
0,924144

91

Former
grade

B1

B2

B3

B4

B5

New

interme

grade

B*11
B*10

B*9
B*8

B*7

B*6

B*5

B*4
B*3

17

:

New

interme

grade

C*7
C*6

Former
grade

C1

C2

C*5

C3

C4

C5

C*4

C*3

C*2

C*1

Category B

1

2

3

4

5

6

7

8

7506,29

7821,72

8150,40

8377,16

8492,89

8150,40
6972,39

7506,29
6399,19

6913,09
5539,39

6634,31
5252,79

7404,01
6112,59

7203,59
5825,99

7821,72
6685,79

6110,02
5400,24
4764,51

6543,90
5783,72
5191,25

6634,31
5863,62
5404,62

6366,77
5627,16
4977,88

8492,89
7258,99
0,791761 0,801290 0,808762 0,825578 0,852510 0,854772 0,855466 0,854714
5863,62
5182,46
4551,14

6634,31
6044,73
0,878181 0,882277 0,884617 0,897562 0,921721 0,919472 0,915906 0,911132
5863,62
4580,43
5059,40
3817,46
0,833428 0,836990 0,838911 0,850911 0,873550 0,871176 0,867574 0,862846
5182,46
4048,34
4378,78
3301,76
0,815584 0,819168 0,821135 0,832964 0,855204 0,852951 0,849491 0,844923
3578,05
2951,34

5400,24
4704,56

4973,47
4172,30

5111,84
4349,72

4772,91
3994,88

5182,46
4527,14

6110,02
5617,99

4772,91
4071,06

4395,72
3609,48

5627,16
4881,98

4518,01
3763,34

4218,45
3455,62

4580,43
3917,20

6366,77
5831,36

4973,47
4224,92

4048,34

3728,41
3075,85

3885,08
3200,36

3993,17
3324,87
0,824846 0,824976 0,823757 0,832639
3529,29
3162,40
3119,31
2795,03

3433,76
3034,87

3295,29
2912,48

3578,05
3162,40

Category C

1

2

3

4

5

6

7

8

4580,43

4048,34
3367,66
0,831862
3578,05
2929,16
0,818647
3162,40
2732,35
0,864012
2795,03
2468,89
0,883314
2470,34
2276,47
0,921521
2183,37

4772,91
4218,45
3503,46
0,830509
3728,41
3053,61
0,819011
3295,29
2838,97
0,861524
2912,48
2568,90
0,882032
2574,15
2369,75
0,920595
2275,12

4973,47
4395,72
3639,26
0,827910
3885,08
3178,06
0,818017
3433,76
2945,59
0,857832
3034,87
2668,91
0,879415
2682,32
2463,03
0,918246
2370,72

5111,84
4518,01
3775,06
0,835558
3993,17
3302,51
0,827040
3529,29
3052,21
0,864823
3119,31
2768,92
0,887671
2756,95
2556,31
0,927224
2436,68

5182,46
4580,43
3910,86

4395,72
3675,86

4973,47
4182,46

4772,91
4046,66

4048,34
3426,96

4218,45
3551,41

5182,46
4318,26
0,853819 0,847839 0,840954 0,833245
4580,43
3800,31
0,846510 0,841876 0,836236 0,829684
4048,34
3478,69
0,882836 0,875829 0,867954 0,859288
3578,05
3168,96
0,907200 0,900965 0,893758 0,885667

3162,40
2868,93

3295,29
2968,94

3433,76
3068,95

3578,05
3158,83

3728,41
3265,45

3885,08
3372,07

2795,03

2470,34

17

18

The  figures  in  italics  in  the  tables  refer  to  the  former  salaries  as  set  out  in  Article  66  of  the  Staff
Regulations before (date of entry into force). They are included in these tables merely for explanatory
reasons and do not have any legal implication.
The figure on the third line corresponding to each step is a coefficient representing the ratio between the
basic salary before and after ... (date of entry into force).

92

                                                
New

interme

grade

D*5

D*4

Former
grade

D1

D2

D*3

Category D

1

2

3

4

5

6

7

8

3578,05
3162,40

3728,41
3295,29

3885,08
3433,76

3993,17
3529,29

4048,34
3578,05

3728,41

3885,08

4048,34

2685,24

2797,73

2910,22

3360,18
2572,75
0,813544 0,814872 0,814772 0,824591 0,844793 0,840895 0,835939 0,830014
3578,05
2795,03
2345,85
3045,22
0,839293 0,839752 0,838807 0,848130 0,868167 0,863475 0,857751 0,851084

2912,48
2445,76

3295,29
2845,40

3162,40
2745,49

3119,31
2645,58

3034,87
2545,67

3433,76
2945,31

3135,20

3247,69

3022,71

D3

D*2

2470,34

2574,15

2682,32

2756,95

2795,03

2912,48

3034,87

3162,40

2183,37
2837,52
0,883834 0,884494 0,883664 0,893640 0,914899 0,910090 0,904180 0,897268

2650,62

2557,17

2463,72

2370,27

2744,07

2276,82

The salaries for the new intermediate grades shall be used as the applicable amounts

3.
within the meaning of Article 7.

Article 3

The  step  occupied  by  an  official  and  the  seniority  acquired  in  grade  and  step  shall  not  be
affected by the procedure described in paragraph 1 of Article 2. Salaries shall be determined
in accordance with Article 7.

For the purposes of these provisions and for the period specified in introductory sentence of
Article 1:

Article 4

(a)

“function group” shall be replaced by “category”

– 

in the Staff Regulations in:

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 5(5);

Article 6(1);

Article 7(2);

Article 31(1);

the third paragraph of Article 32;

Article 39, point (f),

Article 40(4);

Article 41(3);

Article 51(1), (2), (8) and (9);

the first paragraph of Article 78;

93

– 

– 

in Annex II to the Staff Regulations in the fourth paragraph of Article 1;

in Annex III to the Staff Regulations in:

– 

– 

Article 1(1), point (c);

the fourth paragraph of Article 3;

– 

in Annex IX to the Staff Regulations in:

– 

– 

Article 4,

Article 7(1), points (f) and (g);

(b)

“function group AD” is replaced by “category A”

– 

in the Staff Regulations in:

– 

– 

– 

Article 5(3), point (c);

the third paragraph of Article 48;

the second paragraph of Article 56;

– 

in Annex II to the Staff Regulations in the first paragraph of Article 10;

(c)

“function group AST” is replaced by “categories B, C and D”

– 

in the Staff Regulations in:

– 

– 

– 

the second paragraph of Article 43;

the third paragraph of Article 48;

the third paragraph of Article 56;

– 

in Annex VI to the Staff Regulations in Articles 1 and 3;

(d)

In Article 5(3)(a) “function group AST” is replaced by “categories B and C”;

(e) Article 29 (4) is replaced by: "The European Parliament shall organise at least
one competition for category C*, B* and A* before [date of entry into force plus 2
years]."

In  the  second  paragraph  of  Article  43  of  the  Staff  Regulations  “an

(f)
administrator's function” is replaced by “a function in the next higher category”;

In  Article  45a(1)  of  the  Staff  Regulations,  "function  group  AST  may"  is
(g)
replaced  by  "category  B  may"  and  “function  group  AD”  is  replaced  by  “a  postin
category A”;

In Article 46 of the Staff Regulations, “AD 9 to AD 14” is replaced by “A *9 to

(h)
A *14”.

94

In paragraph 2 of Article 29 “grades AD16 or 15” is replaced by “grades A*16

(i)
or 15” and “grades AD15 or 14” by “grades A*15 or 14”;

In the first paragraph of Article 12 of Annex II to the Staff Regulations, “AD

(j)
14” is replaced by “A*14”.

(k)

In Article 4 of Annex IX to the Staff Regulations:

– 

– 

in paragraph 2, “AD13” is replaced by “A*13”;

in paragraph 3, “AD14” is replaced by “A*14 or higher” and “AD16 or AD15”
by “A*16 or A*15”;

– 

in paragraph 4, “AD16” is replaced by “A*16” and “AD15” by “A*15”;

In the second paragraph of Article 43 of the Staff Regulations, “As of grade 4,”

(l)
is deleted.

In Article 5(4) of the Staff Regulations, the reference to “Annex I, point A” is

(m)
replaced by a reference to “Annex XIII.1”.

(n) Where in the Staff Regulations reference is made to the basic monthly salary
of  an  official  in  grade  AST  1,  this  shall  be  replaced  by  a  reference  to  the  basic
monthly salary of an official in grade D*1.

Article 5

Notwithstanding  Article  45  of  the  Staff  Regulations,  officials  eligible  for
1.
promotion on (date of entry into force) shall continue to be eligible even if they have
not completed a minimum of two years in their grade.

2.
Officials whose names appear before (date of entry into force + 2 years) on the
list of candidates suitable for transfer from one category to another shall, if transfer
takes  place  after  (date  of  entry  into  force),  be  placed  in  the  grade  and  step  they
occupied in the former category, or failing this at the first step in the starting grade
of the new category

3.
Articles  1  to  10a  of  this  annex  shall  apply  to  temporary  servants  recruited
before  (date  of  entry  into  force)  who  are  subsequently  recruited  as  officials  in
accordance with paragraph 4 below.

Temporary servants whose names appear before (date of entry into force + 2
4.
years) on the list of candidates suitable for transfer from one category to another or
on  the  list  of  successful  candidates  of  an  internal  competition  shall,  if  recruitment
takes  place  after  (date  of  entry  into  force)  ,  be  placed  in  the  grade  and  step  they
occupied  as  a  temporary  servant  in  the  former  category,  or  failing  this  at  the  first
step in the starting grade of the new category.

5.
An  official  in  grade  A3  on  (day  before  date  of  entry  into  force)  shall,  upon
appointment  after  that  date  as  Director,  be  promoted  to  the  next  higher  grade,  in
accordance with Article 7(5). The last sentence of Article 46 of the Staff Regulations
shall not apply.

95

Article 6

Without  prejudice  to  Articles  9  and  10,  for  the  first  promotion  of  officials  recruited  before
(date of entry into force), the percentages referred to in Article 6(2) of the Staff Regulations
and  in  Annex  I,  point  B  to  the  Staff  Regulations  shall  be  adapted  to  comply  with  the
arrangements in force in each institution prior to that date.

Where the promotion of an official takes effect prior to (date of entry into force), it shall be
governed  by  the  provisions  of  the  Staff  Regulations  in  force  at  the  date  on  which  the
promotion takes effect.

Basic  monthly  salaries  of  officials  recruited  before  ….  (date  of  entry  into  force)  shall  be
determined in accordance with the following rules:

Article 7

The renaming of grades pursuant to Article 2(1) shall not lead to any changes

1.
in the basic monthly salary paid to each official.

For  each  official,  a  multiplication  factor  shall  be  calculated  at  the  time  of
2.
entry  into  force.  This  multiplication  factor  shall  be  equal  to  the  ratio  between  the
basic  monthly  salary  paid  to  an  official  before  (date  of  entry  into  force)  and  the
applicable amount defined in Article 2(2).

The basic monthly salary paid to the official on the date of entry into force shall be
equal to the product of the applicable amount and the multiplication factor.

The multiplication factor shall be applied in order to determine the official’s basic
monthly salary following advancement in step or adjustment of remunerations.

Notwithstanding  the  foregoing  provisions,  for  periods  after  …(date  of  entry
3.
into force) the basic monthly salary paid to an official shall be not less than that he
would  have  received  under  the  system  in  force  before  that  date  through  automatic
advancement  in  step  in  the  grade  formerly  occupied  by  him.  For  each  grade  and
step,  the  former  basic  salary  to  be  taken  into  account  is  equal  to  the  applicable
amount after (date of entry into force) multiplied by the coefficient defined in Article
2(2).

4.
An official in grades A*10 to A*16 and AD 10 to 16 respectively who is at (day
preceding the date of entry into force) head of unit, director or director-general, or
is  subsequently  appointed  head  of  unit,  director  or  director  general  and  has
performed his new duties satisfactorily during the first nine months, shall be entitled
to an increase in the basic monthly salary corresponding to the percentage between
the first and the second step in each grade as set out in the tables in Article 2(1) and
Article 8(1).

5.
Without  prejudice  to  paragraph  3,  for  each  official,  the  first  promotion  after
(date of entry into force) shall, depending on the category occupied before (date of
entry into force) and the step occupied at the time the promotion takes effect, lead to
an increase in basic monthly salary to be determined  on  the  basis  of  the  following
table:

96

Step

Grade

1

2

3

4

5

6

7

8

A

B

C

D

13,1% 11,0% 6,8% 5,7% 5,5% 5,2% 5,2% 4,9%

11,9% 10,5% 6,4% 4,9% 4,8% 4,7% 4,5% 4,3%

8,5% 6,3% 4,6% 4,0% 3,9% 3,7% 3,6% 3,5%

6,1% 4,6% 4,3% 4,1% 4,0% 3,9% 3,7% 3,6%

For  the  purpose  of  determining  the  applicable  percentage,  each  grade  shall  be
divided into notional steps corresponding to two months of service and into notional
percentages reduced by one twelfth of the difference between the percentage for the
step in question and that for the next higher step with each notional step.

For the purposes of calculating the salary before promotion of an official who is not
in the last step of his grade, the value of the notional step shall be taken into account.
For  the  purposes  of  this  provision,  each  grade  shall  also  be  divided  into  notional
salaries rising by one twelfth of the two-yearly increment for that grade throughout
the span of the actual steps.

6.
A new multiplication factor shall be determined upon this first promotion. That
multiplication  factor  shall  be  equal  to  the  ratio  between  the  new  basic  salaries
resulting from the application of paragraph 5 and the applicable amount in Article
2(2). Subject to paragraph 7, this multiplication factor shall be applied to the salary
after advancement in step and adaptation of remunerations.

7.
If, after promotion, the multiplication factor is less than 1, the official shall, by
derogation from Article 44 of the Staff Regulations, remain in the first step of his new
grade  for  as  long  as  the  multiplication  factor  remains  below  1  or  until  he  is
promoted.  A  new  multiplication  factor  shall  be  calculated  to  take  account  of  the
value of the advancement in step to which he or she would have been entitled under
that article. Once the factor rises to 1, the official shall start to advance in step in
accordance  with  Article  44  of  the  Staff  Regulations.  If  the  multiplication  factor  is
higher than one, any balance shall be converted into seniority in the step.

8.

The multiplication factor shall be applied upon subsequent promotions.

Article 8

With effect from … (date of entry into force + 2 years), the grades introduced

1.
by Article 2(1) shall be renamed as follows:

Former
(intermediate)
grade

New grade

Former
(intermediate)
grade

New grade

A*16

AD 16

97

A*15

A*14

A*13

A*12

A*11

A*10

A*9

A*8

A*7

A*6

A*5

AD 15

AD 14

AD 13

AD 12

AD 11

AD 10

AD 9

AD 8

AD 7

AD 6

AD 5

B*11

B*10

B*9

B*8

B*7/C*7

B*6/C*6

AST 11

AST 10

AST 9

AST 8

AST 7

AST 6

B*5/C*5/D*5

AST 5

B*4/C*4/D*4

AST 4

B*3/C*3/D*3

AST 3

C*2/D*2

C*1/

AST 2

AST 1

Without prejudice to the provisions of Article 7, basic monthly salaries shall be
2.
determined for each grade and step on the basis of the table in Article 66 of the Staff
Regulations. For officials who have been recruited before …  (entry into force) and
until  their  first  promotion  comes  into  effect  after  that  date,  the  table19  shall  be  as
follows:

Grade

Step

1

2

3

4

5

6

7

8

13917,93

14502,78

15112,21

15112,21

15112,21

12301,13

12818,04

13356,67

13728,27

13917,93

15112,21

14502,78

10872,14

11329,00

11805,06

12133,50

12301,13

12818,04

13356,67

13917,93

9609,16

10012,95

10433,70

10723,99

10872,14

8492,89

8849,77

9221,65

9478,21

9609,16

10012,95

10433,70

10872,14

7506,29

7821,72

8150,40

8377,16

8492,89

8849,77

9221,65

9609,16

6634,31

6913,09

7203,59

7404,01

7506,29

7821,72

8150,40

8492,89

5863,62

6110,02

6366,77

6543,90

6634,31

5182,46

5400,24

5627,16

5783,72

5863,62

6110,02

6366,77

6634,31

4580,43

4772,91

4973,47

5111,84

5182,46

5400,24

5627,16

5863,62

4048,34

4218,45

4395,72

4518,01

4580,43

4772,91

4973,47

5182,46

16

15

14

13

12

11

10

9
8

7

6

19

See footnote 19.

98

                                                
5

4

3

2

1

3578,05

3728,41

3885,08

3993,17

4048,34

4218,45

4395,72

4580,43

3162,40

3295,29

3433,76

3529,29

3578,05

3728,41

3885,08

4048,34

2795,03

2912,48

3034,87

3119,31

3162,40

3295,29

3433,76

3578,05

2470,34

2574,15

2682,32

2756,95

2795,03

2912,48

3034,87

3162,40

2183,37

2275,12

2370,72

2436,68

2470,34

Article 9

From …(date of entry into force) to … (date of entry into force + 7 years) and by derogation
from Annex I, point B to the Staff Regulations, with regard to officials in grades AD 12 and 13
and  AST  10  the  percentages  referred  to  in  Article  6(2)  of  the  Staff  Regulations  shall  be  as
follows:

Grade

Entry into force (EIF) until:

EIF+1 yr

EIF+2yrs

EIF+3yrs

EIF+4yrs

EIF+5yrs

EIF+6yrs

EIF+7yrs

AD 13

-

AD 12

AST 10

5%

5%

-

5%

5%

5%

5%

5%

10%

10%

10%

15%

15%

15%

20%

20%

20%

20%

25%

20%

Article 10

Officials  in  service  before  …(date  of  entry  into  force)  in  categories  C  or  D
1.
shall  be  assigned  as  of  …(date  of  entry  into  force+2  years)  to  career  streams
allowing for promotions:

(a)

in former category C up to grade AST 7;

(b)

in former category D up to grade AST 5;

2.
For  those  officials,  as  of  (date  of  entry  into  force)  and  by  derogation  from
Annex  I,  Section  B  to  the  Staff  Regulations,  the  percentages  referred  to  in  Article
6(2) of the Staff Regulations shall be as follows:

Career stream C

Grade

Entry into force (EIF) until:

After
EIF+6yrs

EIF+1yr

EIF+2yrs

EIF+3yrs

EIF+4yrs

EIF+5yrs

EIF+6yrs

C*/AST 7

-

C*/AST 6

5%

C*/AST 5

22%

C*/AST 4

22%

-

5%

22%

22%

-

5%

22%

22%

-

15%

22%

22%

-

20%

22%

22%

-

20%

22%

22%

-

10%

22%

22%

99

C*/AST 3

25%

C*/AST 2

25%

C*/AST 1

25%

25%

25%

25%

25%

25%

25%

25%

25%

25%

25%

25%

25%

25%

25%

25%

25%

25%

25%

Grade

Entry into force (EIF) until:

Career stream D

EIF+1yr

EIF+2yrs

EIF+3yrs

EIF+4yrs

EIF+5yrs

EIF+6yrs

D*/AST 5

-

D*/AST 4 5%

D*/AST 3 22%

D*/AST 2 22%

D*/AST 1

-

-

5%

22%

22%

-

-

5%

22%

22%

-

-

10%

22%

22%

-

-

10%

22%

22%

-

-

10%

22%

22%

-

After
EIF+6yrs

-

10%

22%

22%

-

3.
An  official  to  whom  paragraph  1  applies  may  become  a  member  of  the
assistants' function group without restriction if he passes an open competition or on
the basis of an attestation procedure. The institutions shall adopt rules implementing
this procedure before (date of entry into force). Where necessary, specific provision
shall be made by the institutions to take account of such change leading to a change
in the applicable promotion rates.

This  article  shall  not  apply  to  officials  who  have  changed  category  after  …

4.
(date of entry into force).

Article 45(2) shall not apply to officials recruited before (date of entry into force).

Article 10a

SECTION 2

Article 11

1.
Between  ….  (date  of  entry  into  force)  and  ….(date  of  entry  into  force  +  2
years), reference to grades in function groups AST and AD in paragraph 2 and 3 of
Article 31 of the Staff Regulations shall be made as follows:

– 

– 

AST1 to AST4: C*1 to C*2 and B*3 to B*4

AD5 to AD8: A*5 to A*8

100

– 

AD9, AD10, AD11, AD12: A*9, A*10, A*11, A*12

2.
In the case of officials recruited from lists of suitable candidates resulting from
competitions  published  before…(date  of  entry  into  force),  Article  5(3)  of  the  Staff
Regulations shall not apply.

3.
Officials who have been included in a list of suitable candidates before (date of entry
into force+2) and are recruited between (date of entry into force) and (date of entry into force
+2) shall

– 

– 

if the list was drawn up for category A*, B* or C*, be graded in the grade published

in the competition.

if the list was drawn up for category A, LA , B or C, be graded in accordance with the

following table;

Grade of the competition

Grade of recruitment

A/LA8

A/LA7 and A/LA6

A/LA5 and A/LA4

A/LA3

A2

A1

B5 and B4

B3 and B2

C5 and C4

C3 and C2

A*5

A*7

A*9

A*12

A*14

A*15

B*3

B*4

C*1

C*2

Article 12

1.
Officials  who  have  been  included  in  a  list  of  suitable  candidates  before  …  (date  of
entry into force+2) and are recruited after that date shall be graded in accordance with the
following table:

Grade of competition

Grade of recruitment

A/LA8

A*5

AD5

101

A*6

A/LA7 and A/LA6

A*7

A*8

A/LA5 and A/LA4

A*9

A*10

A*11

A*12

A*14

A*15

B*3

B*4

C*1

C*2

A/LA3

A2

A1

B5 and B4

B3 and B2

C5 and C4

C3 and C2

AD 6

AD7

AD8

AD9

AD 10

AD 11

AD12

AD14

AD15

AST3

AST4

AST1

AST2

2.
By way of derogation from Article 11 (3) and Article 12 (1), the Court of Justice may
recruit officials in grade A*8 or AD 8 respectively who have been included in a list of suitable
candidates resulting from a competition at LA 7 and LA 6 level or A*7 level before (date of
entry into force + 2).

SECTION 3

Article 13

Notwithstanding  Article  2(1)  of  Annex  VII  to  the  Staff  Regulations,  the  dependent  child
allowance is replaced by the following amounts20:

1 May – 31 December 2004: €245.03

1 January – 31 December 2005: €257.32

1 January – 31 December 2006: €269.62

1 January – 31 December 2007: €281.92

1 January – 31 December 2008: €294.21.

20

See footnote 19.

102

                                                
These amounts shall be adjusted each year by the same percentage as the annual adjustment
specified in Annex XI to the Staff Regulations.

Notwithstanding Article 3(2) of Annex VII to the Staff Regulations, the pre-school allowance
is replaced by the following amounts21:

Article 14

1 May 2004 – 31 August 2005: €14.97

1 September 2005 – 31 August 2006: €29.95

1 September 2006 – 31 August 2007: €44.92

1 September 2007 – 31 August 2008: €59.90.

These amounts shall be adjusted each year by the same percentage as the annual adjustment
specified in Annex XI to the Staff Regulations.

Article 15

Notwithstanding  Article  3  of  Annex  VII  to  the  Staff  Regulations,  an  official  in  receipt  of  a
lump-sum payment of education allowance will continue to receive such payment as long as
the  conditions  under  which  it  was  granted  are  fulfilled  and  at  the  latest  until  [31  August
2008].  The  amounts  of  the  lump-sum  payments  will,  however,  be  reduced  to  80%  of  their
value of 31 December 2003 on [1 September 2004], to 60% on [1 September 2005], to 40%
on [1 September 2006], and to 20% on [1 September 2007].

Article 16

From 1 May 2004 to 31 December 2008, notwithstanding Article 17(2) of Annex  VII  to  the
Staff  Regulations,  an  additional  amount  may  be  transferred,  subject  to  the  following
conditions:

– 

– 

that  amount  must  have  been  transferred  regularly  prior  to  1  May  2004  and  the
conditions required for its authorisation must continue to be satisfied;

that  additional  amount  must  not  be  such  as  to  bring  the  total  amount  transferred
each  month  above  the  following  maximums,  expressed  as  a  percentage  of  the  total
amount transferred each month prior to 1 May 2004 :

1 May – 31 December 2004: 100%

1 January – 31 December 2005: 80%

1 January – 31 December 2006: 60%

1 January – 31 December 2007: 40%

21

See footnote 19.

103

                                                
1 January – 31 December 2008: 20%

Article 17

1. Beneficiaries who were entitled in the month before [date of entry into force] to the fixed
allowance mentioned in the former Article 4a of Annex VII to the Staff Regulations shall keep
it ad personam up to grade 6. The amounts of the allowance shall be adjusted every year by
the  same  percentage  as  the  annual  pay  adjustment  referred  to  in  Annex  XI  of  the  Staff
Regulations. When the net remuneration of an official who has been promoted to grade 7, as
a consequence of the abolition of the fixed allowance, is lower than the net remuneration he
received,  all  other  conditions  being  unchanged,  in  the  last  month  before  the  promotion,  he
shall be entitled to a compensatory allowance equal to the difference until his advancement to
the next higher step in grade.

2.  Officials  in  Categories  C  and  D  before  [date  of  entry  into  force]  who  have  not  become
members of the assistants' function group without restriction in accordance with Article 10(3)
shall  continue  to  be  entitled  either  to  compensatory  leave  or  to  remuneration,  where  the
requirements of the service do not allow compensatory leave during the month following that
in which the overtime was worked, as provided for in Annex VI.

Article 18

If,  during  the  transition  period  [from  1  May  2004  to  31  December  2008],  an  official's  net
monthly remuneration, before application of any correction coefficient, is lower than the net
remuneration he would have received under the same personal conditions in the month before
[date  of  entry  into  force],  he  shall  be  entitled  to  a  compensatory  allowance  equal  to  the
difference. This provision shall not apply where the reduction of the net remuneration results
from  the  annual  pay  adjustment  referred  to  in  Annex  XI  to  the  Staff  Regulations.  This  net
income  guarantee  shall  not  cover  the  effect  of  the  special  levy,  the  changes  in  the  pension
contribution rate or the changes in the arrangements for transferring part of the salary.

SECTION 4

Article 20

The pensions of officials who retire before [date of entry into force] shall be
1.
subject to the correction coefficient referred to in the second indent of Article 3(5) of
Annex XI to the Staff Regulations for countries within the Communities in which they
have established proven main residence.

The minimum applicable correction coefficient shall be 100.

If they establish their residence in a country outside the Communities, the applicable
correction coefficient shall be 100.

By way of derogation from Article 45 of Annex VIII, the pension of beneficiaries who
reside in a Member State shall be paid in  the  currency  of  the  country  of  residence
under the conditions laid down in the second paragraph of Article 63 of these Staff
Regulations.

104

From [1.5.2004] until [1.5.2009], the first subparagraph of paragraph 1 shall

2.
be replaced by:

Pensions determined before [date of entry into force] shall be adjusted by applying
the average of the correction coefficients referred to in the first and second indents
of  Article 3(5)  of  Annex XI  to  the  Staff Regulations,  used  for  the  Member State  in
which  the  pension  recipient  has  established  proven  main  residence.  That  average
shall be calculated on the basis of the correction coefficient shown in the following
table:

From

[date  of  entry
into force]

[1.5.2005]

[1.5.2006]

[1.5.2007]

[1.5.2008]

%

80%  1st  indent
20% 2nd indent

60%  1st 
40% 2nd indent

indent

40%  1st 
60% 2nd indent

indent

20%  1st 
80% 2nd indent

indent

100% 2nd indent

Where at least one of the coefficients in Article 3(5) of Annex XI is amended, so is the
average with effect from the same date.

3.
For officials recruited before (date of entry into force) not receiving a pension
as  at  [date  of  entry  into  force],  the  method  of  calculation  of  the  preceding
paragraphs shall apply at the time when pension rights are determined

– 

– 

to years  of  pensionable  service  within  the  meaning  of  Article 3  of  Annex VIII
acquired before [date of entry into force], and

to  years  of  pensionable  service  resulting  from  a  transfer  under  Article  11  of
Annex VIII concerning the pension rights acquired under the system of origin
before [date of entry into force] by the official in service before [date of entry
into force].

Their pensions shall be subject to the correction coefficient only if the residence of
the official coincides with the country of their place of origin within the meaning of
Article 7(3) of Annex VII. However, for family or medical reasons, officials receiving
a pension may exceptionally request the appointing authority to change their place
of  origin.  This  decision  shall  be  taken  on  production  by  the  official  concerned  of
appropriate supporting evidence.

By way of derogation from Article 45 of Annex VIII, the pension of beneficiaries who
reside in a Member State shall be paid in  the  currency  of  the  country  of  residence
under the conditions laid down in the second paragraph of Article 63 of these Staff
Regulations.

4.

This Article shall apply by analogy to invalidity allowances and to allowances under

Articles 41 and 50 of the Staff Regulations and Regulations (EEC) No 1857/89, (EC,
Euratom, ECSC) 2688/1995, (EC Euratom, ECSC) 2689/1995, (EC, Euratom) No 1746/2002,
(EC, Euratom) No 1747/2002 or (EC, Euratom) No 1748/2002. However, this article shall not
apply to the beneficiaries of the allowance referred to in Article 41 of the Staff Regulations
who reside in the country of their last place of employment.Article 21

Notwithstanding  the  second  sentence  of  the  second  paragraph  of  Article  77,  officials  who
entered  the  service  before  [date  of  entry  into  force]  shall  be  entitled  to  2%  of  the  salary

105

referred to therein for every year of pensionable service calculated in accordance with Article
3 of Annex VIII.

Article 22

1. Officials aged 50 or over or with 20 or more years' service on [date of  entry into force]
shall become entitled to a retirement pension when they reach the age of 60.

Officials aged between 30 and 49 years on [date of entry into force] shall become entitled to
a retirement pension at the age shown in the table below:

Age on 1 May 2004

Pensionable age

49 years

48 years

47 years

46 years

45 years

44 years

43 years

42 years

41 years

40 years

39 years

38 years

37 years

36 years

35 years

34 years

33 years

32 years

31 years

30 years

60 years

2 months

60 years

4 months

60 years

6 months

60 years

8 months

60 years

10 months

61 years

0 months

61 years

2 months

61 years

4 months

61 years

6 months

61 years

8 months

61 years

10 months

61 years

11 months

62 years

0 months

62 years

1 month

62 years

2 months

62 years

4 months

62 years

5 months

62 years

6 months

62 years

7 months

62 years

8 months

106

Officials  aged  less  than  30 years  on  [date  of  entry  into  force]  shall  become  entitled  to  a
retirement pension at the age of 63 years.

For officials in service before (date of entry into force) the pensionable age to be taken into
consideration  for  all  references  to  the  pensionable  age  in  these  Staff  Regulations  shall  be
determined in accordance with the above provisions, save as otherwise provided in these Staff
Regulations.

2.  Notwithstanding  Article 2  of  Annex VIII,  officials  who  enter  the  service  before  [date  of
entry into force] and remain in service after the age at which they would have become entitled
to  a  retirement  pension  shall  be  entitled  to  an  increase  in  the  percentage  of  their  basic
pension for each year worked after that age, provided that their total pension does not exceed
70% of final basic salary within the meaning of the second or third paragraph of Article 77 of
the Staff Regulations, as the case may be.

For officials aged 50 years or over or with 20 or more years' service, the increase in pension
provided for in the previous subparagraph shall be equal to 5% of the amount of the pension
rights acquired at the age of 60. For officials aged between 40 and 49, the maximum increase
in pension shall be 3.0% of the salary taken into account for calculating the pension, but shall
not  exceed  4.5%  of  the  pension  rights  acquired  by  those  officials  at  the  age  of  60.  For
officials aged between 35 and 39, the maximum increase in the pension shall be 2.75% of the
salary  taken  into  account  for  calculating  the  pension,  but  shall  not  exceed  4.0%  of  the
pension rights acquired by those officials at the age of 60. For officials aged between 30 and
35, the maximum pension bonus shall be 2.5% of the salary taken into account for calculating
pension, but shall not exceed 3.5% of the pension rights acquired by those officials at the age
of  60.  For  officials  aged  less  than  30,  the  maximum  increase  in  the  pension  shall  be  set  at
2.0% of the salary taken into account for calculating the pension.

The increase shall also be granted in the event of death, if the official has remained in service
beyond the age at which he became entitled to a retirement pension.

If, pursuant to Annex IVa, an official who enters the service before [date of entry into force]
and  working  part-time  contributes  to  the  pension  scheme  in  proportion  to  the  time  worked,
the increase in pension entitlements provided for in this Article shall be applied only in the
same proportion.

3. If, in the case of officials who entered the service before [date of entry into force], applying
the  measures  provided  for  in  this  Article  results  in  a  reduction  of  more  than  10  %  of  their
acquired  pension  rights  within  the  meaning  of  Article 2  of  Annex VIII  compared  with  those
which  they  would  have  acquired  under  the  rules  in  force  before  that  date,  they  shall  be
entitled to an increase equivalent to the percentage exceeding 10 %.

4. Officials who entered service before [date of entry into force] and who, after Articles 2, 3
and 11 of Annex VIII have been applied to them, cannot attain at the age of 65 the maximum
retirement  pension  provided  for  in  the  second  paragraph  of  Article  77  of  the  Staff
Regulations, may acquire additional pension rights subject to that maximum limit.

The contributions payable by the officials concerned shall be equivalent to the entire amount
of their and and their employer's contributions under Article 83(2) of the Staff Regulations.
The  Commission  shall,  by  means  of  general  implementing  provisions,  lay  down  the  method
for  calculating  the  contributions  to  be  paid  by  the  officials  concerned  in  such  a  way  as  to
ensure that such acquisition guarantees actuarial balance and the method is applied without

107

financial subsidies from the pension scheme of the European institutions.

The  officials  concerned  may  qualify  under  this  arrangement  for  five  years  after  the  date  of
entry  into  force  of  the  abovementioned  general  implementing  provisions,  subject  to  a
maximum period of contributions of: three months in the case of officials aged 45  to  49  on
[date  of  entry  into  force];  nine  months  in  the  case  of  officials  aged  38  to  44  on  that  date;
fifteen months in the case of officials aged 30 to 37 on that date; and two years in the case of
officials aged less than 30 on that date.

Article 23

Notwithstanding Article 52 of the Staff Regulations, application of the second
1.
indent of Article 9 of Annex VIII may be requested by officials who enter the service
before [date of entry into force] and who leave the service before the age at which
they would have become entitled to a retirement pension in accordance with Article
22 of this Annex:

– 

– 

from the age of 50 for those aged at least 50 or with 20 or more years' service;

from the age determined in accordance with the table below for officials aged
between 30 and 49 on [1 May 2004]:

108

Age on 1 May 2004

Age when drawing an
immediate pension

49 years

48 years

47 years

46 years

45 years

44 years

43 years

42 years

41 years

40 years

39 years

38 years

37 years

36 years

35 years

34 years

33 years

32 years

31 years

30 years

50 years

0 months

50 years

0months

50 years

0 months

51 years

0 months

51 years

3 months

51 years

6 months

51 years

9 months

52 years

0 months

52 years

3 months

52 years

6 months

52 years

9 months

53 years

0 months

53 years

3 months

53 years

6 months

53 years

9 months

54 years

0 months

54 years

3 months

54 years

6 months

54 years

9 months

55 years

0 months

– 

from the age of 55 for officials aged less than 30 on [1 May 2004].

2.
In such cases, in addition to the reduction in retirement pension rights referred
to in Article 9 of Annex VIII for officials who leave the service at the age of at least
55 years,  acquired  pension  rights  shall  be  further  reduced  by  4.483%  if  receipt  of
pension commences at the age of 54 years; by 8.573%  if  receipt  commences  at  the
age  of  53 years;  by  12.316%  if  receipt  commences  at  the  age  of  52 years;  by

109

15.778% if receipt commences at the age of 51 years; and by 18.934% if receipt of
retirement pension commences at the age of 50 years.

Article 24

1.
In  the  case  of  a  pension  determined  before  [date  of  entry  into  force],  the
recipient's  pension  entitlement  shall  continue  to  be  determined  after  that  date  in
accordance with the rules applied when the entitlement was initially determined. The
same  holds  true  as  regards  cover  under  the  joint  sickness  insurance  scheme.
However,  the  rules  on  family  allowances  and  correction  coefficients  in  force  after
[date  of  entry  into  force]  shall  apply  immediately  without  prejudice  to  the
application of Article 20 of this Annex.

Notwithstanding  the  first  subparagraph,  recipients  of  an  invalidity  pension  or  a
survivor's pension may ask to be covered by the provisions applicable from [date of
entry into force].

2.
When  these  provisions  enter  into  force,  the  nominal  amount  of  net  pension
received  before  [date  of  entry  into  force]  shall  be  guaranteed.  That  guaranteed
amount shall nevertheless be adjusted if the recipient's family situation or country of
residence  changes.  For  persons  who  retire  between  [date  of  entry  into  force]  and
[31.12.2007],  the  nominal  amount  of  net  pension  received  on  retirement  shall  be
guaranteed with reference to the Staff Regulations provisions in force on the date of
their retirement.

For the purposes of applying the first subparagraph, if the pension calculated on the
basis of the provisions in force is less than the nominal pension as defined below, a
compensatory amount equal to the difference shall be granted.

For  recipients  of  a  pension  before  [date  of  entry  into  force],  the  nominal  pension
shall  be  calculated  each  month  taking  into  account  the  family  situation  and  the
country  of  residence  at  the  time  of  calculation,  and  the  Staff Regulations  rules  in
force on the date preceding [date of entry into force].

For  officials  who  retire  between  [date  of  entry  into  force]  and  [31.12.2007],  the
nominal pension shall be calculated each month taking into account family situation
and country of residence at the time of calculation, and the Staff Regulations rules in
force on the date when they retire.

In the event of the death after [date of entry into force] of a recipient of a pension
determined before  that  date,  the  survivor's  pension  shall  be  determined  taking  into
account the guaranteed nominal pension which the deceased was receiving.

3.
Provided that recipients of an invalidity pension have not asked to be covered
by  the  provisions  applicable  after  [date  of  entry  into  force],  and  have  not  been
declared fit to resume their duties, their invalidity pensions thus maintained shall be
considered retirement pensions when the recipients reach the age of 65 years.

Paragraphs 1  and  2  shall  apply  to  recipients  of  one  of  the  allowances  paid
4.
under  Articles 41  or  50  of  the  Staff Regulations  or  under  Regulations  (EEC)  No
1857/89,  (EC,  Euratom,  ECSC)  2688/1995,  (EC  Euratom,  ECSC)  2689/1995,  (EC,
Euratom)  No  1746/2002,  (EC,  Euratom)  No  1747/2002  or  (EC,  Euratom)  No

110

1748/2002.  However,  their  retirement  pensions  shall  be  determined  in  accordance
with the rules in force on the date on which their payment commences.

Article 25

1.
For pensions determined before [date of entry into force], the grade used for
calculating  pension  shall  be  determined  in  accordance  with  the  tables  in
Articles 2(1) and 8(1).

The basic salary taken into account for determining the recipient's pension shall be
equivalent to the salary in the table in Article 66 of the Staff Regulations for the new
grade thus determined, at the same step, weighted by a percentage equivalent to the
ratio of basic salary under the old scale to that under the scale in Article 66 of the
Staff Regulations for the same step.

For steps under the old scale without correspondence in the scale in Article 66 of the
Staff Regulations, the last step of the same grade shall be used as the reference for
calculating the percentage referred to in the second subparagraph.

For steps in grade D4 under the old scale, the first step in the  first  grade  shall  be
used  as  the  reference  for  calculating  the  percentage  referred  to  in  the  second
subparagraph.

2.
On a transitional basis, the basic salary within the meaning of Articles 77 and
78  of  the  Staff Regulations  and  of  Annex VIII  shall  be  determined  by  applying  the
corresponding  multiplication  factor  laid  down  in  Article 7  to  the  salary  which
corresponds to the recipient's grading taken into account to determine entitlement to
retirement pension or invalidity benefit, in accordance with the table in Article 66 of
the Staff Regulations.

For steps under the old scale without correspondence in the scale in Article 66 of the
Staff Regulations, the last step in the same grade shall be used as the reference for
calculating the multiplication factor.

For  retirement  pensions  and  invalidity  benefits  determined  between  [date  of  entry
into force] and [30.04.2006], Article 8(1) shall apply.

For recipients of a survivor's pension, paragraphs 1 and 2 of this Article shall

3.
apply by reference to the deceased official or former official.

4.
Paragraphs 1 and 2 of this Article shall apply by analogy to recipients of one
of  the  allowances  paid  under  Articles 41  or  50  of  the  Staff Regulations  or  under
Regulations  (EEC)  No  1857/89,  (EC,  Euratom)  (EC,  Euratom,  ECSC)  2688/1995,
(EC  Euratom,  ECSC)  2689/1995,  No  1746/2002,  (EC,  Euratom)  No  1747/2002  or
(EC, Euratom) No 1748/2002.

Article 26

Requests  to  qualify  for  the  facilities  for  transfer  of  pension  rights  under
1.
Article 11(2)  of  Annex VIII  submitted  before  [date  of  entry  into  force]  shall  be
considered in accordance with the rules in force at the time of their submission.

111

2.
In so far as the time limit stipulated in Article 11(2) of Annex VIII has not yet
been  exceeded  on  [date  of  entry  into  force],  the  officials  concerned  who  did  not
submit such a request within the time limits previously stipulated, or whose request
has been rejected for having been submitted after those time limits, shall still be able
to submit or resubmit a request for transfer under Article 11(2) of Annex VIII.

3.
In  so  far  as  the  time  limit  stipulated  in  Article 11(2)  of  Annex VIII  has  been
exceeded on [date of entry into force], officials who submitted a request for transfer
within  the  time  limits  but  rejected  the  offer  made  to  them,  who  did  not  submit  a
transfer  request  within  the  time  limits  previously  stipulated,  or  whose  request  was
rejected  for  having  been  submitted  after  those  time  limits,  may  still  submit  or
resubmit such a request by [31.10.2004] at the latest.

4.
In the cases provided for in paragraphs 2 and 3 of this Article, the institution
where the official is working shall determine the number of pensionable years to be
taken  into  account  under  its  own  scheme  pursuant  to  the  general  implementing
provisions  adopted  in  respect  of  Article 11(2)  of  Annex VIII,  which  shall  take  into
account the provisions of this Annex. However, for the purposes of paragraph 3 of
this Article the official's age and grade to be taken into account shall be those at the
time of establishment.

5.
Officials who agreed to transfer their pension rights pursuant to Article 11(2)
of  Annex VIII  before  (date  of  entry  into  force  )  may  request  recalculation  of  the
bonus already obtained under the Community institutions' pension scheme pursuant
to that Article. Recalculation shall be based on the parameters in force at the time
when the bonus was obtained, adjusted in accordance with Article 22 of this Annex.

Officials who obtain a bonus pursuant to paragraph 1 of this Article may, from
6.
notification of the bonus under the Community institutions' pension scheme, request
application of paragraph 5 of this Article.

Article 27

When the actuarial equivalent referred to in Article 11(1) and Article 12(1)(b)
1.
of  Annex  VIII  to  the  Staff  Regulations  is  calculated,  officials  and  temporary  staff
shall be covered, for the portion of their rights relating to periods of service before
[date of entry into force], by the provisions set out below.

The retirement pension actuarial equivalent may not be less than the sum of:

the amount of the sums deducted from basic salary as  pension  contributions,

(a)
plus compound interest at the rate of 3.5% a year;

(b)
a  severance  grant  proportional  to  the  length  of  service  actually  completed,
calculated  on  the  basis  of  one  and  a  half  months  of  final  basic  salary  subject  to
deduction per year of service;

(c)
the  total  sum  paid  to  the  Communities  in  accordance  with  Article 11(2)  of
Annex VIII  to  the  Staff Regulations,  plus  compound  interest  at  the  rate  of  3.5%  a
year.

112

2.
However,  where  officials  or  temporary  agents  leave  because  their  contracts
are revoked or terminated, the severance grant to be paid or actuarial equivalent to
be transferred shall be determined in the light of the decision taken on the basis of
Article 7(1)(h) of Annex IX to the Staff Regulations.

Unless  they  have  been  covered  by  Article 11(2)  or  (3)  of  Annex VIII  to  the
3.
Staff Regulations, temporary agents whose contract is ongoing on [date of entry into
force] and who would, for lack of  a  transfer  option under  Article 11(1),  have  been
entitled  to  payment  of  a  severance  grant  in  accordance  with  the  Staff Regulations
rules in force before [date of entry into force], shall retain the right to payment of a
severance grant calculated in accordance with the rules in force before that date.

Article 28

The servants referred to in Article 2 of the Conditions of Employment who are under contract
on [date of entry into force] and are appointed as officials after that date shall, on retirement,
be  entitled  to  an  actuarial  upvaluing  of  the  pension  rights  they  acquired  as  temporary
servants  which  takes  into  account  the  change  in  their  pensionable  age  within  the  meaning
of Article 77 of the Staff Regulations.

Article 29

For temporary servants recruited before [date of entry into force], in accordance with Article
2  (c)  of  the  Conditions  of  Employment  of  Other  Servants,  to  assist  a  political  group  in  the
European  Parliament  the  requirement  laid  down  in  Article  29  (3)  and  (4)  of  these  Staff
Regulations that the temporary servant has passed a selection procedure in conformity with
Article 12 (3a) of these Conditions of Employment shall not apply.

Annex XIII.1: Types of posts during the transitional period

Types of posts in each category, as provided for in Article 4(l) of this Annex.

Category A

Category C

A*5

A*6

A*7

A*8

Administrator/
Research Administrator/
Linguistic Administrator
Administrator/
Research Administrator/
Linguistic Administrator
Administrator/
Research Administrator/
Linguistic Administrator
Administrator/
Research Administrator/

C1
C*2
C*3
C*4
C*5
C*6
C*7

113

Secretary/office clerk
Secretary/office clerk
Secretary/office clerk
Secretary/office clerk
Secretary/office clerk
Secretary/office clerk
Secretary/office clerk

A*9

A*10

A*11

A*12

A*13

A*14

A*15
A*16

Linguistic Administrator
 unit
Head of unit/
Administrator/
Research Administrator/
Linguistic Administrator
Head of Unit
Administrator/
Research Administrator/
Linguistic Administrator
Head of Unit
Administrator/
Research Administrator/
Linguistic Administrator
Head of Unit
Administrator/
Research Administrator/
Linguistic Administrator
Head of Unit
Administrator/
Research Administrator/
Linguistic Administrator

Research Administrator/
Linguistic Administrator
Administrator/Head of Unit
Director
Director/Director-General
Director-General

Category B

Category D

B*3

B*4

B*5

B*6

B*7

Assistant/Research assistant

Assistant/Research assistant

Assistant/Research assistant

Assistant/Research assistant

Assistant/Research assistant

Employee

Employee

Employee

Employee

Employee

D*1

D*2

D*3

D*4

D*5

114

B*8

B*9

B*10

B*11

Assistant/Research assistant

Assistant/Research assistant

Assistant/Research assistant

Assistant/Research assistant

115

Annex II
Amendments to the Conditions of Employment of other servants of the European
Communities

The Conditions of Employment of other servants of the European Communities are amended
as follows:

1.

Article 1 is amended as follows:

(a)

The following indent is inserted after “- auxiliary staff”:

“- contract staff”.

(b)

The following paragraph is added:

“Any  reference  in  these  Conditions  of  Employment  to  a  person  of  the  male  sex  shall  be
deemed also to constitute a reference to a person of the female sex, and vice-versa, unless the
context clearly indicates otherwise.”

In Article 2(c), “or the elected President of one of the institutions or organs of
2.
the  Communities  or  the  Elected  Chairman  of  one  of  the  political  groups  in  the
European  Parliament”  is  replaced  by  “or  the  elected  President  of  one  of  the
institutions  or  organs  of  the  Communities,  or  one  of  the  political  groups  in  the
European Parliament or the Committee of the Regions, or a group in the Economic
and Social Committee”.

3.

Article 3 is amended as follows:

a)

The current text becomes paragraph 1.

(b)
In the first indent of point (b) of paragraph 1, “Category B, C, or D or in the
Language  Service”  is  replaced  by  “the  assistants'  function  group  (AST)”.

In the second indent of point (b) of paragraph 1, “Category A, other than those
(c)
in Grade A1 or A2” is replaced by “the administrators' function group (AD), other
than senior staff (Directors-General or their equivalent in grades AD 16 or 15 and
Directors or their equivalent in grades AD 15 or 14)”.

4.

The following articles are inserted after Article 3:

“Article 3a

1.
For the purposes  of  these  Conditions  of  Employment,  'contract  staff  for  non-
core tasks' means staff not assigned to a post included in the list of posts appended to
the  section  of  the  budget  relating  to  the  institution  concerned  and  engaged  for  the
performance of full-time or part-time duties

– 

– 

in an institution to carry out manual or administrative support service tasks;

in the agencies referred to in Article 1a(2) of the Staff Regulations;

116

– 

– 

– 

in  other  entities  inside  the  European  Union  created,  after  consultation  of  the
Staff  Regulations  Committee,  by  specific  legal  act  issued  by  one  or  more
institutions allowing for the use of such staff;

in Representations and Delegations of Community institutions;

in other entities situated outside the European Union.

The Commission shall, on the basis of information provided by all institutions,
2.
submit a report to the budgetary authority each year on the employment of contract
staff , which shall state whether the overall number of such members of the contract
staff  has  remained  within  a  limit  of  75%  of  all  employees  in  agencies,  in  other
entities  inside  the  European  Union,  in  Representations  and  Delegations  of
Community  institutions  and  in  other  entities  situated  outside  the  European  Union
respectively. If this limit has not been respected, the Commssion shall propose to the
agencies,  the  other  entitites  inside  the  European  Union,  Representations  and
Delegations  of  Community  institutions  or  other  entities  situated  outside  the
European Union respectively, to take the appropriate measures.

Article 3b

For the purposes of these Conditions of Employment, 'contract staff for auxiliary tasks' means
staff engaged in an institution within the  time  limits  set  in  Article  87  in  one  of  the  function
groups referred to in Article 87a

– 

– 

to perform full- time or part-time duties others than those referred to in Article 3a(1),
first indent, without being assigned to a post included in the list of posts appended to
the section of the budget relating to the institution concerned,

to replace, after the possibilities of temporary posting of officials within the institution
have been examined, certain persons who are unable for the time being to perform
their duties, namely:

(i) officials or temporary staff in the assistants' function group (AST);

(ii)  exceptionally,  officials  or  temporary  staff  in  the  administrators'  function
group  (AD)  occupying  a  highly  specialised  post,  except  Heads  of  Unit,  Directors,
Directors General and equivalent functions.

The use of contract staff for auxiliary tasks is excluded where Article 3a applies."

5.

Article 4 is replaced by the following:

“Article 4

For  the  purposes  of  these  Conditions  of  Employment,  'local  staff'  means  staff  engaged  in
places outside the European Union according to local practice for manual or service duties,
assigned  to  a  post  not  included  in  the  list  of  posts  appended  to  the  section  of  the  budget
relating to each institution and paid from the total appropriations for the purpose under that
section of the budget. Staff engaged in places  of  employment  situated  outside  the  European
Union for duties other than those mentioned above which, in the interests of the service, could

117

not  be  assigned  to  an  official  or  servant  having  another  capacity  within  the  meaning  of
Article 1, shall also be regarded as local staff.”

6.

6a

7.

In  the  second  paragraph  of  Article  6,  “the  provisions  of  the  second  paragraph  of
Article 1” is replaced by “Article 1a(2), Article 1b”, and "of the second paragraph
of Article 2” is replaced by “Article 2(2)”.

In Article 7a “24a” is replaced by “24b”.

Article 8 is replaced by the following:

“Article 8

Temporary staff to whom Article 2(a), applies may be engaged for a fixed or indefinite period.
The contracts of such staff who are engaged for a fixed period may be renewed not more than
once for a fixed period. Any further renewal shall be for an indefinite period.

Temporary staff to whom Article 2(b) or (d) applies shall not be engaged for more than four
years, and their contracts may be renewed not more than once for a maximum period of two
years. At the end of that time, they shall no longer be employed as temporary staff under these
provisions.  On  the  expiry  of  their  contracts,  such  servants  may  be  assigned  to  established
posts  in  the  institutions  only  if  they  are  appointed  as  officials  in  accordance  with  the  Staff
Regulations.

Temporary staff to whom Article 2(c) applies shall be engaged for an indefinite period."

7a.

The following article is inserted after Article 9:

"Article 9a

The Commission shall provide a yearly report on the use of temporary staff including
numbers of staff, level and type of posts, geographical balance and budgetary resources per
function group."

8.

Article 10 is replaced by the following:

“Article 10

Articles 1e, 1f, 5(1), (2), (3) and (4), and 7 of the Staff Regulations shall apply by analogy.

The grade and step at which temporary staff are engaged shall be stated in their contract.

Assignment of temporary staff to a post carrying a higher grade than that at which they were
engaged shall be recorded in an agreement supplementary to their contract of service.

Title  VIII  of  the  Staff  Regulations  shall  apply  by  analogy  to  temporary  staff  paid  from
appropriations  in  the  research  and  investment  budget.  Title  VIIIa  of  the  Staff  Regulations
shall apply by analogy to temporary staff serving in a third country.”

9.

In Article 12 the following paragraphs 3 and 4 are added:

118

"3.

The  European  Communities  Personnel  Selection  Office  may,  at  the  request  of
individual  institutions,  give  assistance  to  the  institutions  on  the  selection  of
temporary staff. The office shall ensure the transparency of selection procedures for
temporary staff engaged under Article 2 (a), (b) and (d).

3a. At the request of an institution the European Personnel Selection Office shall
ensure  the  application  of  the  same  standards  as  for  the  selection  of  officials  in
selection procedures organised for the recruitment of temporary staff.

4.
Each  institution  shall  adopt  general  provisions  on  the  procedures  for
recruitment  of  temporary  staff  in  accordance  with  Article  110  of  the  Staff
Regulations, as necessary."

9a.

Article 14 is amended as follows:

(a)

The third paragraph is replaced by the following:

“Not less than one month before the expiry of the probationary period, a report shall be made
on the ability of the member of the temporary staff to perform the duties pertaining to his post
and also on his conduct and efficiency in the service. The report shall be communicated to the
person concerned, who shall have the right to submit his comments in writing. A member of
the temporary staff whose work has not proved adequate to justify retention in his post shall
be dismissed. However, the authority referred to in the  first  paragraph  of  Article  6  may,  in
exceptional circumstances, extend the probationary period for a maximum of six months, and
possibly assign the member of the temporary staff to another department.”

In the fourth paragraph, “; the period of service may not, however, exceed the

(b)
normal probationary period” is deleted.

9b.

In  Article  15(2),  “to  servants  within  the  meaning  of  Article  2(a),  (c)  and  (d)”  is
deleted.

10.

The first paragraph of Article 16 is replaced by the following:

“Articles 42a, 42b and 55 to 61 of the Staff Regulations, concerning leave, hours of
work,  overtime,  shiftwork,  standby  duty  at  place  of  work  or  at  home  and  public
holidays, shall apply by analogy. Special leave and parental and family leave shall
not extend beyond the term of the contract.”

10a.

Article 17 is amended as follows:

(a)

In the second indent of the first paragraph, “six” is replaced by “twelve”.

(b)
In the fourth paragraph, "who provides evidence that he cannot be covered by
any  other  public  scheme  of  insurance  against  the  risks  referred  to  in Article 28"  is
replaced  by  "who  is  not  gainfully  employed",  "in  accordance  with  that  Article"  is
replaced  by  "against  the  risks  referred  to  in Article 28"  and  "required  to  cover  the
risks referred to in Article 28" is replaced by "provided for in that Article".

11.

Article 20 is replaced by the following:

119

“Article 20

1.  Articles  63,  64,  65  and  65a  of  the  Staff  Regulations,  concerning  the  currency  in  which
remuneration  is  to  be  expressed  and  adjustments  to  such  remuneration,  shall  apply  by
analogy.

2.  Articles  66,  67,  69  and  70  of  the  Staff  Regulations,  concerning  basic  salaries,  family
allowances,  expatriation  allowance  and  payment  in  the  event  of  death,  shall  apply  by
analogy.

3.  The  provisions  of  Article  66a  of  the  Staff  Regulations  on  the  special  levy  shall  apply  by
anology to temporary staff.

4.  A  member  of  temporary  staff  who  has  been  at  one  step  in  his  grade  for  two  years  shall
automatically advance to the next step in that grade.”

In  Article  21,  “3,  4  and  4a”  is  replaced  by  “3  and  4”,  and  “family  allowances,
12.
expatriation  allowance  and  temporary  fixed  allowance”  is  replaced  by  “family  allowances
and expatriation allowance”.

13.

Article 24(3) is replaced by the following:

“3. However,  the  installation  allowance  provided  for  in  paragraph  1  and  the
resettlement allowance provided for in paragraph 2 shall not be less than:

– 

– 

[€917.21]22 for a servant who is entitled to the household allowance; and

[€545.37]23 for a servant who is not entitled to the household allowance.

In cases where a husband and wife who are officials or other servants of the Communities are
both entitled to the settlement allowance or resettlement allowance, this shall be payable only
to the person whose basic salary is the higher.”

In  the  first  paragraph  of  Article  28,  "invalidity  pension"  is  replaced  by

13a.
"invalidity allowance".

14.

Article 28a is amended as follows:

(a)

Paragraphs 3 and 4 are replaced by the following:

“3.
The  unemployment  allowance  shall  be  set  by  reference  to  the  basic  salary
attained by the former member of the temporary staff at the time of the termination of
his service. The allowance shall be set at:

– 

– 

– 

60% of the basic salary for an initial period of 12 months,

45% of the basic salary for the 13th to the 24th month,

30% of the basic salary for the 25th to the 36th month.

22

23

See footnote 8.
See footnote 8.

120

                                                
Other  than  during  an  initial  six-month  period,  in  which  the  lower  limit  specified
below  is  applicable  but  the  upper  limit  is  not,  the  amounts  thus  calculated  may
neither be less than [€1 100] nor exceed [€2 200]. These limits shall be adjusted, in
the  same  way  as  the  salary  scales  set  out  in  Article  66  of  the  Staff  Regulations,  in
accordance with Article 65 of the Staff Regulations.

4.
The period during which the unemployment allowance is payable to a former
member  of  the  temporary  staff  may  not  be  more  than  36  months  from  the  date  of
termination of service and shall in no case exceed the equivalent of one third of the
actual  length  of  service  completed.  However,  if,  during  that  period,  the  former
member of the temporary staff ceases to fulfil the conditions laid down in paragraphs
1 and 2, payment of the unemployment allowance shall be suspended. Payment shall
resume if, before the expiry of that period, the former member of the temporary staff
again  fulfils  the  said  conditions  and  is  not  entitled  to  national  unemployment
benefit.”

(b)

Paragraphs 6 and 7 are replaced by the following:

The unemployment allowance and the family allowances shall be paid by the

“6.
Commission in euros . No correction coefficient shall be applicable.

7.
Members of the temporary staff shall contribute one third of the financing of
the unemployment insurance scheme. That contribution shall be set at 0.81% of the
basic  salary  of  the  person  concerned  after  deducting  a  standard  allowance  of  [€1
000]24  and  without  taking  account  of  the  correction  coefficients  provided  for  in
Article  64  of  the  Staff  Regulations.  The  contribution  shall  be  deducted  each  month
from the salary of the person concerned and paid, together with the remaining two
thirds to be borne by the institution, into a Special Unemployment Fund. This Fund
shall be common to the institutions and the latter shall pay their contributions to the
Commission  each  month,  no  later  than  eight  days  after  the  payment  of
remunerations. All expenditure under this article shall be authorised and paid by the
Commission  in  accordance  with  the  provisions  of  the  Financial  Regulation
governing the general budget of the European Communities.”

(c)

Paragraph 11 is replaced by the following:

“11. One  year  after  the  introduction  of  this  unemployment  insurance  scheme  and
every two years thereafter, the Commission shall present the Council with a report
on  the  financial  situation  of  the  scheme.  Independently  of  this  report,  the
Commission  may  present  to  the  Council  proposals  for  adjusting  the  contributions
provided for in paragraph 7 if this is necessary in the interests of the balance of the
scheme. The Council shall act on the proposals in accordance with paragraph 3 of
this article.”

14a.

In Article 30 "or a disability," is inserted after "illness contracted,".

15.

Article 33 is replaced by the following:

24

See footnote 8.

121

                                                
“Article 33

1.
A  servant  who  is  suffering  from  total  invalidity  and  who,  for  that  reason,  is
obliged to suspend employment with the institution shall be entitled, for as long as
the  invalidity  lasts,  to  an  invalidity  allowance,  the  amount  of  which  shall  be
determined as follows.

Article  52  of  the  Staff  Regulations  shall  apply  by  analogy  to  recipients  of  an
invalidity allowance. If the recipient of an invalidity allowance retires before the age
of 65 without having reached the maximum pension entitlement, the general rules on
retirement pensions shall be applied. The amount of the retirement pension shall be
based on the salary for the grade and step occupied by the servant when he became
an invalid.

The invalidity allowance shall be 70% of the final basic salary of the member of the
temporary staff. However, it shall not be less than the minimum subsistence figure,
as  defined  in  Article  6  of  Annex  VIII  to  the  Staff  Regulations.  Recipients  of  the
invalidity  allowance  shall  pay  a  contribution  to  the  pension  scheme,  calculated  on
the basis of that allowance.

Where  the  invalidity  of  the  servant  arises  from  an  accident  in  the  course  of  or  in
connection with the performance of his duties, from an occupational disease, from a
public-spirited  act  or  from  risking  life  and  limb  to  save  another  human  being,  the
invalidity allowance shall not be less than 120% of the minimum subsistence figure.
In such cases the pension contributions shall be borne by the budget of  the  former
employer.

In  the  case  of  invalidity  deliberately  brought  about  by  the  servant,  the  authority
referred to in the first paragraph of Article 6 may decide that he should receive only
the grant provided for in Article 39.

Persons  entitled  to  an  invalidity  allowance  shall  also  be  entitled  to  the  family
allowances  provided  for  in  Article  67  of  the  Staff  Regulations  in  accordance  with
Annex VII to the Staff Regulations; the household allowance shall be determined on
the basis of the recipient's allowance.

Invalidity  shall  be  established  by  the  Invalidity  Committee  provided  for  in

2.
Article 9 of the Staff Regulations.

3.
The institution referred to in Article 40 of Annex VIII to the Staff Regulations
may  require  periodic  examinations  of  the  recipient  of  an  invalidity  allowance  to
establish  that  he  still  fulfils  the  conditions  for  payment  of  that  allowance.  If  the
Invalidity Committee finds that these conditions are no  longer  fulfilled,  the  servant
shall resume service with the institution, providing his contract has not expired.

However, if it proves impossible to employ the person concerned in the service of the
Communities,  the  contract  may  be  terminated  subject  to  payment  of  an  amount
corresponding to the remuneration that would have been paid during the period of
notice  and,  where  applicable,  to  the  compensation  for  termination  of  contract
provided for in Article 47. Article 39 shall also apply.

15a. Article 34 is amended as follows:

122

In  the  second  paragraph,  "invalidity  pension"  in  replaced  by  "invalidity  allowance"

(a)
and "60" is replaced by "63".

In the third paragraph, the word "allowance" is inserted after the word "invalidity" and

(b)
"60" is replaced by "63".

15b.

In Article 35, "widow" is replaced by "surviving spouse".

15c. Article 36 is amended as follows:

In the first paragraph, "widow" is replaced by "surviving spouse" and "widow's

(a)
pension" is replaced by "survivor's pension".

In  the  second  paragraph,  "widow's  pension"  is  replaced  by  "survivor's

(b)
pension".

16.

Article 37 is replaced by the following:

“Article 37

Where  a  servant  or  person  entitled  to  a  retirement  pension  or  invalidity  allowance  dies
leaving no spouse entitled to  a  survivor’s  pension,  the  children  deemed  to  be  dependent  on
him at the time of death shall be entitled to an orphan's pension in accordance with Article 80
of the Staff Regulations.

The same entitlement shall apply to children who fulfil the foregoing conditions in the event of
death or remarriage of a spouse who is entitled to a survivor’s pension.

Where a servant or a person entitled to a retirement pension or invalidity allowance dies but
the  conditions  set  out  in  the  first  paragraph  are  not  satisfied,  the  provisions  of  the  third
paragraph of Article 80 of the Staff Regulations shall apply.

In  the  event  of  the  death  of  a  former  member  of  the  temporary  staff  within  the  meaning  of
Article 2(a), (c) or (d) who leaves the service before reaching 63 years of age and requests
that his retirement pension be deferred until the first day of the calendar month following that
in  which  he  reaches  63  years  of  age,  children  deemed  to  be  his  dependants  in  accordance
with Article 2 of Annex VII to the Staff Regulations shall be entitled to an orphan's pension on
the same terms as those set out in the preceding paragraphs.

The orphan's pension of a person treated as a dependent child as defined in Article 2(4) of
Annex VII to the Staff Regulations may not exceed 200% of the dependent child allowance.

No orphan's pension shall be payable where a natural parent who has been replaced by an
adoptive parent dies.

Orphans shall be entitled to an education allowance in accordance with Article 3 of  Annex
VII to the Staff Regulations.”

17.

Article 39 is replaced by the following:

123

“Article 39

1.
On  leaving  the  service,  a  servant  within  the  meaning  of  Article  2  shall  be
entitled to a retirement pension, transfer of the actuarial equivalent or the payment of
the severance grant in accordance with Chapter 3 of Title V of, and Annex VIII to,
the  Staff  Regulations.  Where  the  servant  is  entitled  to  a  retirement  pension  his
pension rights shall be reduced in proportion to the amounts paid under Article 42.

Article 9 (2) of Annex VIII shall apply under the following conditions:

The Appointing Authority may decide, in the interests of the service on the basis of
objective  criteria  and  transparent  procedures  introduced  by  means  of  general
implementing provisions, not to  apply  any  reduction  to  the  pension  of  a  temporary
servant, up to a maximum of 20% of the temporary servants in all institutions who
retired the previous year. The annual percentage may vary, subject to an average of
20%  over  five  years  and  the  principle  of  budget  neutrality.  Before  five  years  have
elapsed, the Commission shall submit to the European Parliament and the Council an
evaluation  report  on  the  implementation  of  this  measure.  Where  appropriate,  the
Commission  shall  submit  a  proposal  to  fix  after  five  years  the  maximum  annual
percentage rate between 10 and 20 % of all temporary servants in all institutions who
retired the previous year, on the basis of Article 283 of the EC Treaty."

Article 11(2) and (3) of Annex VIII of the Staff Regulations shall be applied by

2.
anology to servants within the meaning of Article 2.

3.
A person who becomes entitled to a retirement pension shall be entitled to the
family allowances provided for in Article 67 of the Staff Regulations; the percentage
component  of  the  household  allowance  shall  be  calculated  on  the  basis  of  the
recipient's pension.

18.

The fourth paragraph of Article 40 is replaced by the following:

“The  preceding  paragraph  shall  not  apply  to  a  servant  who,  in  the  three  months  following
application  of  the  Staff  Regulations  to  him,  asks  to  be  allowed  to  repay  such  sums  plus
compound interest at the rate of 3.5% per year, which can be revised following the procedure
laid down in Article 7 of Annex XII to the Staff Regulations.”

19.

In Article 41, “and Article 83a” is inserted after “Article 83”.

In Article 42, "16.5% of his basic salary" is replaced by "twice the rate provided for in

19a.
Article 83(2) of the Staff Regulations".

20.

Article 47 is replaced by the following:

“Article 47

Apart from cessation on death, the employment of temporary staff shall cease:

1.

2.

at the end of the month in which the servant reaches the age of 65 years.

Where the contract is for a fixed period:

124

(a)

on the date stated in the contract;

(b)
at the end of the period of notice specified in the contract giving the servant or
the institution the option to terminate earlier. The period of notice shall not be less
than  one  month  per  year  of  service,  subject  to  a  minimum  of  one  month  and  a
maximum of three months. For temporary staff whose contracts have been renewed
the maximum shall be six months. The period of notice shall not, however, commence
to run during maternity leave or sick leave, provided such sick leave does not exceed
three months. It shall, moreover, be suspended during maternity or sick leave subject
to the limits aforesaid. If the institution terminates the contract, the servant shall be
entitled to compensation equal to one third of his basic salary for the period between
the date when his duties end and the date when his contract expires;

(c) where the servant no longer satisfies the conditions laid down in Article 12(2),
point (a), subject to the possibility of authorising an exception under that provision.
Should the exception not be authorised, the period of notice referred to in point (b)
shall apply.

3.

Where the contract is for an indefinite period:

(a)
at the end of the period of notice stipulated in the contract; the length of the
period of notice shall not be less than one month for each completed year of service,
subject to a minimum of three months and a maximum of 10 months.

The period of notice shall not, however, commence to run during maternity leave or
sick leave, provided such sick leave does not exceed three months. It shall, moreover,
be suspended during maternity or sick leave subject to the limits aforesaid;

(b) where the servant no longer satisfies the conditions laid down in Article 12(2),
point (a), subject to the possibility of authorising an exception under that provision.
Should the exception not be authorised, the period of notice referred to in point (a)
shall apply."

(20a) Point (b) of Article 48 is deleted, and point (c) is renamed point (b).

In  the  second  subparagraph  of  Article  49(1),  “Article  88  of”  is  replaced  by

21.
“Article 21 of Annex IX to”.

(21a) In  the  second  subparagraph  of  Article  50(2),  “Article  88  of”  is  replaced  by
“Article 21 of Annex IX to”.

(21b) The following chapter is inserted after Article 50a:

Special and exceptional provisions applicable to temporary staff engaged to assist a political
group in the European Parliament.

"Chapter 10

125

Article 50b

Annex I lays down the special and exceptional provisions applicable to temporary staff
engaged in accordance with Article 2c of these Conditions of Employment to assist a political
group in the European Parliament."

22.

Articles 51and 52 are replaced by the following:

The contracts of auxiliary staff shall be concluded for a fixed period; they shall be renewable.

“Article 51

The actual period of employment of auxiliary staff, including any period of renewal, shall not
exceed three years or extend beyond 31 December 2007."

Article 52

23.

24.

26.

In the fourth subparagraph of Article 53, "Article 1a" is replaced by "Article 1e".

In Article 57, “except Article 55a(1), third, fourth and fifth subparagraphs" is added.

Article 65 is replaced by the following:

“Article 65

With the exception of Article 67(1)(c), Article 67 and Article 69 of the Staff Regulations and
Articles 1, 2 and 4 of Annex VII to the Staff  Regulations, concerning the  payment  of  family
and expatriation allowances, shall apply by analogy.”

(26a) Article 66 is replaced by the following:

“Article 66

Where a servant is paid by the day, the remuneration due for each day’s work payable shall
be one twentieth of the monthly remuneration. Remuneration shall be paid at the end of the
current week.”

27.

Articles 67 and 68 are replaced by the following:

“Article 67

Articles  7,  11,  12,  13  and  13a  of  Annex  VII  to  the  Staff  Regulations,  concerning  the
reimbursement  of  travel  expenses  and  mission  expenses,  and  the  granting  of  housing  and
transport allowances, shall apply by analogy.

126

Article 68

In the case of servants paid by the month,  the remuneration shall be paid no later than the
last working day of the month.

Where remuneration is not due in respect of a complete month, the amount shall be divided
into 30ths, and

(a)  where  the  actual  number  of  days  payable  is  15  or  less,  the  number  of  30ths  due  shall
equal the actual number of days payable;

(b) where the actual number of days payable is more than 15, the number of 30ths due shall
equal the difference between the actual number of days not payable and 30.

Where entitlement to family allowances and the expatriation allowance commences after the
date  of  entering  the  service,  servants  shall  receive  them  from  the  first  day  of  the  month  in
which such entitlement commences. On cessation of such entitlement, servants shall  receive
them up to the last day of the month in which entitlement ceases. »

(28) Article 70(1) is amended as follows:

(a)

in the first subparagraph “unemployment,” is inserted after “invalidity”.

in the second subparagraph, “or unemployment insurance” is inserted between

(b)
“such a social security” and “scheme”.

(29)

In Article 74 the following new point (c) is inserted after point (b):

"(c)
at  the  end  of  the  period  of  notice  specified  in  the  contract  giving  the  servant  or  the
institution  the  option  to  terminate  earlier.  The  period  of  notice  shall  not  be  less  than  one
month  per  year  of  service,  subject  to  a  minimum  of  one  month  and  a  maximum  of  three
months. The period of notice shall not, however, commence to run during maternity leave or
sick leave, provided such sick leave does not exceed three months.

It shall, moreover, be suspended during maternity or sick leave subject to the limits aforesaid.
If the institution terminates the contract, the servant shall be entitled to compensation equal
to one third of his basic salary for the period between the date when his duties end and the
date when his contract expires;"

30.

31.

The current Title IV becomes Title V

The following Title IV is inserted:

“Title IV: Contract staff

Chapter 1: General provisions

Article 79

Contract  staff  shall  be  paid  from  the  total  appropriations  for  the  purpose

1.
under the section of the budget relating to the institution.

127

2.
Each  institution  shall  adopt  general  implementing  provisions  governing  the
use  of  contract  staff  in  accordance  with  Article  110  of  the  Staff  Regulations,  as
necessary.

3.
The  Commission  shall  provide  a  yearly  report  on  the  use  of  contract  staff
including  numbers  of  staff,  level  and  type  of  posts,  geographical  balance  and
budgetary resources per function group."

Article 80

1.
Contract staff shall be subdivided into four function groups corresponding to
the duties to be performed. Each function group shall be subdivided into grades and
steps.

The types of duties and corresponding function groups shall be as shown in the

2.
following table:

Function
group

Grades

IV

13 to 18

III

8 to 12

II

I

4 to 7

1 to 3

Duties

 Administrative,  advisory, 
linguistic  and  equivalent
technical  tasks,  performed  under  the  supervision  of
officials or temporary staff.

Executive 
equivalent 
supervision of officials or temporary staff.

tasks,  drafting,  accountancy  and  other
the
technical 

tasks,  performed  under 

Clerical  and  secretarial  tasks,  office  management  and
other  equivalent  tasks,  performed  under  the  supervision
of officials or temporary staff.

tasks,
Manual  and  administrative  support  service 
performed under the supervision of officials or temporary
staff.

3.
Based  on  this  table  each  institution  or  body  referred  to  in  Article  3a  shall,
after consulting the Staff Regulations Committee referred to in Article 10 of the Staff
Regulations, define the powers attaching to each type of duties.

Article 1f of the Staff Regulations, on measures of a social nature and working

4.
conditions shall apply by analogy.”

Chapter 2: Rights and obligations

Article 11 shall apply by analogy.

Article 81

128

Chapter 3: Conditions of engagement

Article 82

1.
Contract  staff  shall  be  selected  on  the  broadest  possible  geographical  basis
from among nationals of Member States of the Communities and without distinction
as  to  racial  or  ethnic  origin,  political,  philosophical  or  religious  beliefs,  age  or
disability, gender or sexual orientation and without reference to their marital status
or family situation.

2.

Recruitment as a member of the contract staff shall require at least:

(a)

in function group I, successful completion of compulsory education;

(b)

in function groups II and III

- a level of post-secondary education attested by a diploma, or

-  a  level  of  secondary  education  attested  by  a  diploma  giving  access  to  post-secondary
education, and appropriate professional experience of at least three years, or

-  where  justified  in  the  interest  of  the  service,  professional  training  or  professional
experience of an equivalent level

(c)

in function group IV

- a level of education which corresponds to completed university studies of at least
three years attested by a diploma, or

-where justified in the interest of the service, professional training of an equivalent
level.

3.

A member of the contract staff may be engaged only on condition that he:

is  a  national  of  one  of  the  Member  States  of  the  Communities,  unless  an
(a)
exception is authorised by the authority referred to in the first paragraph of Article
6, and enjoys his full rights as a citizen;

has fulfilled any obligations imposed on him by the laws concerning military

(b)
service;

produces  the  appropriate  character  references  as  to  his  suitability  for  the

(c)
performance of his duties; and

(d)

is physically fit to perform his duties.

4.
In the initial contract, the authority referred to in the first paragraph of Article
6 may waive the requirement that the person concerned should produce documentary
evidence that he fulfils the conditions in points (a), (b) and (c) of paragraphs 2 and 3
where his engagement is for not more than three months.

129

5.
The European Communities Personnel Selection Office shall, at the request of
individual institutions, give assistance to the institutions on the selection of contract
staff.  The  office  shall  ensure  the  transparency  of  selection  procedures  for  contract
staff.

Each  institution  shall  adopt  general  provisions  on  the  procedures  for
6.
recruitment of contract staff in accordance with Article 110 of the Staff Regulations,
as necessary.

Article 83

Before being engaged, a member of the contract staff shall be medically examined by one of
the institution's medical officers in order that the institution may be satisfied that he fulfils the
requirements of Article 82(3)(d).

Article 33 of the Staff Regulations shall apply by analogy.

Article 84

1.
A member of the contract staff whose contract is concluded for a duration of at
least one year shall serve a probationary period for the first six months of his period
of employment if he is in function group I and the first nine  months  if  he  is in  any
other function group.

2.
Where  during  his  probationary  period  a  member  of  the  contract  staff  is
prevented by sickness or accident from performing his duties for one month or more,
the  authority  referred  to  in  the  first  paragraph  of  Article  6  may  extend  his
probationary period by the corresponding length of time.

Not less than one month before the expiry of the probationary period, a report
3.
shall be made on the ability of the member of the contract staff to perform the duties
pertaining  to  his  post  and  also  on  his  conduct  and  efficiency  in  the  service.  The
report shall be communicated to the person concerned, who shall have the right to
submit his comments in writing. A member of the contract staff whose work has not
proved adequate to justify retention in his function shall be dismissed. However, the
authority  referred  to  in  the  first  paragraph  of  Article  6  may,  in  exceptional
circumstances,  extend  the  probationary  period  for  a  maximum  of  six  months,  and
possibly assign the member of the contract staff to another department.

4.
A report on the probationary member of the contract staff may be made at any
time during the probationary period if his work is proving obviously inadequate. The
report shall be communicated to the person concerned, who shall have the right to
submit his comments in writing. On the basis of the report, the authority referred to
in the first paragraph of Article 6 may decide to dismiss the member of the contract
staff before the end of the probationary period by giving him one month's notice.

A  dismissed  member  of  the  contract  staff  shall  be  entitled  to  compensation

5.
equal to one third of his basic salary per month of probation completed.

130

Chapter 4: Special provisions for members of the contract staff for non-core tasks

Article 85

1.
The contracts of contract staff for non-core tasks may be concluded for a fixed
period of at least three months and not more than five years. They may be renewed
not more than once for a fixed period of not more than five years. The initial contract
and  the  first  renewal  must  be  of  a  total  duration  of  not  less  than  six  months  for
function  group  I  and  not  less  than  nine  months  for  the  other  function  groups.  Any
further renewal shall be for an indefinite period. .

Periods covered by a contract as a member of the contract staff for auxiliary tasks
shall not be counted for the purposes of the conclusion or renewal of contracts under
this article.

2.
By  way  of  derogation  from  the  last  sentence  of  the  first  sub-paragraph  of
paragraph 1, the appointing authority may decide that only the fourth renewal of a
contract for a member of function group 1 shall be for an indefinite period, provided
that  the  total  duration  of  his  engagement  for  a  fixed  period  does  not  exceed  ten
years.

Article 86

Contract staff for non-core tasks shall only be recruited

in grades 13, 14, or 16 for function group IV;

in grades 8, 9 or 10 for function group III;

in grades 4 or 5 for function group II;

in grade 1 for function group I.

1.

– 

– 

– 

– 

The grading of such contract staff within each function group shall take account of
the qualifications and experience of the persons concerned. Within their grade, such
contract staff shall be recruited in the first step.

2.
Where a member of the contract staff for non-core tasks moves to a new post
within a function group, he shall not be classified in a lower grade or step than in his
former post.

Where a member of such contract staff moves to a higher function group, he shall be
classified at a grade and step such that his remuneration is at least equal to that to
which he was entitled under the preceding contract.

The same provisions shall apply where the member of such contract staff concludes a
new contract with an institution or body immediately following a preceding contract
for such contract staff with a different institution or body

131

Article 86a

1.
The first paragraph of Article 43 of the Staff Regulations, concerning reports,
shall apply by analogy to contract staff for non-core tasks engaged for a period of
not less than one year. 2.
A  member  of  the  contract  staff  for  non-core  tasks  who
has been at one step in his grade for two  years  shall  automatically  advance  to  the
next step in that grade.

In the case of contract staff for non-core tasks, classification in the next higher
3.
grade in the same function group shall be by decision of the authority referred to in
the first paragraph of Article 6. It shall be effected by classifying such contract staff
in the first step of the next higher grade. Such advancement shall be exclusively by
selection  from  among  contract  staff  for  non-core  tasks  with  a  contract  of  at  least
three years who have completed a minimum period of two years in their grade, after
consideration  of  the  comparative  merits  of  such  contract  staff  eligible  for
advancement to a higher grade and of the reports on them.

A  member  of  the  contract  staff  for  non-core  tasks  may  change  to  a  higher

4.
function group only through participation in a general selection procedure.

Chapter 5: Special provisions for members of the contract staff for auxiliary tasks

In the case of contract staff for auxiliary tasks:

Article 87

(a)

contracts shall be concluded for a fixed period; they shall be renewable;

the  actual  period  of  employment  within  an  institution,  including  any  period  under

(b)
renewal, shall not exceed three years.

Periods covered by a contract as a member of the contract staff for non-core tasks shall not
be counted for the purposes of the conclusion or renewal of contracts under this article.

Article 87a

Contract  staff  for  auxiliary  tasks  may  be  recruited  to  any  grade  of  function
1.
groups  II,  III  and  IV  as  referred  to  in  Article  80,  taking  into  account  the
qualifications  and  experience  of  the  persons  concerned.  Within  their  grade,  such
contract staff shall be recruited in the first step.

A member of the contract staff for auxiliary tasks who has been at one step in

2.
his grade for two years shall automatically advance to the next step in that grade.

Article 88

By way of derogation from the provisions of these Conditions of Employment, contract staff
for auxiliary tasks engaged by the institutions as conference interpreters shall be subject to
the  provisions  on  recruitment,  length  of  engagement,  remuneration,  expenses  and  social
security and working conditions, as laid down by  the  institutions  in  rules  resulting  from  an

132

agreement  concluded  between  them  and  the  representatives  of  the  aforementioned  contract
staff.

Chapter 6: Working conditions

Articles 16 to 18 shall apply by analogy.

Article 88a

Chapter 7: Remuneration and expenses

Article 89

Articles 19 to 27 shall apply by analogy subject to the amendments set out in Articles 90 and
92 below. However, Article 66a of the Staff Regulations shall not apply to contract staff for
auxiliary tasks.

The scale of basic salaries25 shall be as provided for in the following table:

Article 90

Steps

1

2

3

4

5

6

7

Grade

FG IV 18

4797,85 4897,62

4999,47

5103,44 5209,57

5317,91 5428,50

17

16

15

14

13

4240,46 4328,65

4418,67

4510,55 4604,36

4700,11 4797,85

3747,83 3825,77

3905,33

3986,55 4069,45

4154,08 4240,46

3312,43 3381,32

3451,63

3523,41 3596,68

3671,48 3747,83

2927,61 2988,49

3050,64

3114,08 3178,84

3244,95 3312,43

2587,50 2641,31

2696,24

2752,31 2809,54

2867,97 2927,61

FG III 12

3312,38 3381,26

3451,57

3523,35 3596,61

3671,40 3747,75

11

10

2927,59 2988,47

3050,61

3114,05 3178,80

3244,91 3312,38

2587,50 2641,31

2696,23

2752,30 2809,53

2867,95 2927,59

25

See footnote 8.

133

                                                
9

8

7

6

5

4

3

2

1

FG II

FG I

2286,92 2334,47

2383,02

2432,57 2483,15

2534,79 2587,50

2021,25 2063,28

2106,19

2149,98 2194,69

2240,33 2286,92

2286,85 2334,42

2382,97

2432,54 2483,13

2534,78 2587,50

2021,14 2063,18

2106,09

2149,90 2194,61

2240,26 2286,85

1786,30 1823,46

1861,38

1900,10 1939,62

1979,96 2021,14

1578,75 1611,59

1645,11

1679,32 1714,25

1749,91 1786,30

1944,90 1985,26

2026,46

2068,52 2111,45

2155,27 2200,00

1719,37 1755,06

1791,48

1828,66 1866,61

1905,35 1944,90

1520,00 1551,55

1583,75

1616,62 1650,17

1684,41 1719,37

Article 92

Notwithstanding Article 24(3), the installation allowance provided for in paragraph 1 and the
resettlement allowance provided for in paragraph 2 of that article shall not be less than:

– 

– 

[€689.90]26  for  a  member  of  the  contract  staff  who  is  entitled  to  the  household
allowance; and

[€409.03]27  for  a  member  of  the  contract  staff  who  is  not  entitled  to  the  household
allowance.

Chapter 8: Social security benefits

SECTION A: SICKNESS AND ACCIDENT INSURANCE, SOCIAL SECURITY BENEFITS

Article 93

Article 28 shall apply by analogy. However, Article 72(2)  and  (2a)  of  the  Staff  Regulations
shall  not  apply  to  a  member  of  the  contract  staff  who  has  remained  in  the  service  of  the
Communities  until  the  age  of  63,  unless  he  has  been  employed  for  more  than  3  years  as  a
member of such staff.

26

27

See footnote 8.
See footnote 8.

134

                                                
Article 94

A  former  member  of  the  contract  staff  who  becomes  unemployed  when  his

1.
service with an institution of the European Communities is terminated, and:

– 

– 

– 

– 

who is not in receipt of a retirement pension or invalidity allowance from the
European Communities,

whose  service  is  not  terminated  by  resignation  or  by  cancellation  of  the
contract for disciplinary reasons,

who has completed a minimum of six months' service,

who is resident in a Member State of the Communities,

shall  be  eligible  for  a  monthly  unemployment  allowance  under  the  conditions  laid
down below.

Where he is entitled to unemployment benefits under a national scheme, he shall be
obliged  to  declare  this  to  the  institution  to  which  he  belonged,  which  shall
immediately  inform  the  Commission  thereof.  In  such  cases,  the  amount  of  those
benefits shall be deducted from the allowance paid under paragraph 3.

To  be  eligible  for  this  unemployment  allowance,  a  former  member  of  the

2.
contract staff shall:

be registered, at his own request, as seeking employment with the employment

(a)
authorities of the Member State in which he establishes his residence;

fulfil the obligations laid down by the law of that Member State for persons in

(b)
receipt of unemployment benefits under that law;

(c)
forward  every  month  to  the  institution  to  which  he  belonged,  which  shall
immediately  forward  it  to  the  Commission,  a  certificate  issued  by  the  competent
national employment authority stating whether or not he has fulfilled the obligations
and conditions referred to in (a) and (b).

The  allowance  may  be  granted  or  maintained  by  the  Community,  even  where  the
national obligations referred to under (b) have not been fulfilled, in cases of illness,
accident,  maternity,  invalidity  or  a  situation  recognised  as  being  similar  or  where
the national authority, competent to meet those obligations, has given a dispensation.

The  Commission  shall,  after  obtaining  the  opinion  of  a  committee  of  experts,  lay
down such provisions as it deems necessary for applying this article.

3.
The  unemployment  allowance  shall  be  set  by  reference  to  the  basic  salary
attained by the former member of the contract staff at the time of the termination of
his service. The allowance shall be set at:

– 

– 

60% of the basic salary for an initial period of 12 months,

45% of the basic salary for the 13th to the 24th month,

135

– 

30% of the basic salary for the 25th to the 36th month.

Other  than  during  an  initial  six-month  period,  in  which  the  lower  limit  specified
below  is  applicable  but  the  upper  limit  is  not,  the  amounts  thus  calculated  may
neither be less than [€825] nor exceed [€1 650]. These limits shall be adjusted,  in
the  same  way  as  the  salary  scales  set  out  in  Article  66  of  the  Staff  Regulations,  in
accordance with Article 65 of the Staff Regulations.

The period during which the unemployment allowance is payable to a former
4.
member  of  the  contract  staff  may  not  be  more  than  36  months  from  the  date  of
termination of service and shall in no case exceed the equivalent of one third of the
actual  length  of  service  completed.  However,  if,  during  that  period,  the  former
member of the contract staff ceases to fulfil the conditions laid down in paragraphs 1
and 2, payment of the  unemployment  allowance  shall  be  suspended.  Payment  shall
be  resumed  if,  before  the  expiry  of  that  period,  the  former  member  of  the  contract
staff  again  fulfils  the  said  conditions  and  is  not  entitled  to  national  unemployment
benefit.

5.
A  former  member  of  the  contract  staff  who  is  eligible  for  the  unemployment
allowance shall be entitled to the family allowances provided for in Article 67 of the
Staff  Regulations.  The  household  allowance  shall  be  calculated  on  the  basis  of  the
unemployment allowance under the conditions laid down in Article 1 of Annex VII to
the Staff Regulations.

The person concerned shall be obliged to declare any allowances of the same  kind
paid  from  other  sources  to  himself  or  to  his  spouse;  such  allowances  shall  be
deducted from those to be paid on the basis of this article.

A  former  member  of  the  contract  staff  who  is  eligible  for  the  unemployment
allowance shall be entitled, as provided for in Article 72 of the Staff Regulations, to
insurance cover against sickness without having to make any contribution.

The  unemployment  allowance  and  family  allowances  shall  be  paid  by  the

6.
Commission in euro. No correction coefficient shall be applicable.

7.
Members of the contract staff shall contribute one third of the financing of the
unemployment insurance scheme. That contribution shall be set at 0.81% of the basic
salary  of  the  person  concerned  after  deducting  a  standard  allowance  of  €750  and
without taking account of the correction coefficients provided for in Article 64 of the
Staff Regulations. The contribution shall be deducted each month from the salary of
the person concerned and paid, together with the remaining two thirds to be borne
by the institution, into a Special Unemployment Fund. This Fund shall be common to
the institutions and the latter shall pay their  contributions  to the  Commission  each
month, no later than eight days after the payment of remunerations. All expenditure
arising  out  of  the  application  of  this  article  shall  be  authorised  and  paid  by  the
Commission  in  accordance  with  the  provisions  of  the  Financial  Regulation
governing the general budget of the European Communities.

8.
Unemployment  allowances  paid  to  former  members  of  the  contract  staff  who
are  unemployed  shall  be  subject  to  Regulation  (EEC,  Euratom,  ECSC)  No  260/68
laying  down  the  conditions  and  procedure  for  applying  the  tax  collected  by  the
European Communities.

136

The  national  departments  with 

9.
for  employment  and
unemployment,  acting  in  accordance  with  their  national  legislation,  and  the
Commission  shall  cooperate  with  each  other  in  an  effective  manner  in  order  to
ensure that this Article is properly applied.

responsibility 

The  detailed  arrangements  adopted  on  the  basis  of  Article  28a(10)  shall  be
10.
applicable  for  this  article,  without  prejudice  to  the  provisions  of  the  third
subparagraph of paragraph 2.

11. One year after the introduction of this unemployment insurance scheme and
every two years thereafter, the Commission shall present the Council with a report
on the financial situation of the scheme. Independently of this report, the
Commission may present to the Council proposals for adjusting the contributions
provided for in paragraph 7 if this is necessary in the interests of the balance of the
scheme. The Council shall act on the proposals in accordance with paragraph 3 of
this article.

Article 95

Article  74  of  the  Staff  Regulations,  concerning  the  birth  grant,  and  Article  75  of  the  Staff
Regulations, concerning the assumption of liability by the institution for the costs referred to
therein, shall apply by analogy.

Article 96

Article  76  of  the  Staff  Regulations,  concerning  gifts,  loans  and  advances,  shall  apply  by
analogy  to  contract  staff  during  the  term  of  their  contract  or  after  expiry  of  the  contract
where,  as  a  result  of  serious  protracted  illness  contracted,  or  a  disability,  or  an  accident
sustained,  during  his  employment,  the  contract  staff  member  is  incapable  of  working  and
proves that such illness or accident is not covered by another social security scheme.

SECTION B: INSURANCE AGAINST THE RISK OF INVALIDITY AND DEATH

Article 97

Contract staff shall be insured in accordance with the following provisions against the risk of
death or invalidity occurring during their employment.

The payments and benefits provided for in this Section shall be suspended if the remuneration
which a member of such staff receives in respect of his employment is suspended under these
conditions of employment.

Article 98

Where the medical examination made before a member of the contract staff is engaged shows
that he is suffering from sickness or invalidity, the authority referred to in the first paragraph
of  Article  6  may,  in  so  far  as  risks  arising  from  such  sickness  or  invalidity  are  concerned,

137

decide to grant him guaranteed benefits in respect of invalidity or death only after a period of
five years from the date of his entering the service of the institution.

The  contract  staff  member  may  appeal  against  this  decision  to  the  Invalidity  Committee
provided for in paragraph 1(b) of Article 9 of the Staff Regulations.

Article 99

A member of the contract staff who is suffering from total invalidity and who,
1.
for  that  reason,  is  obliged  to  suspend  employment  with  the  institution  shall  be
entitled, for as long as the invalidity lasts, to an invalidity allowance, the amount of
which shall be determined as follows.

Article  52  of  the  Staff  Regulations  shall  apply  by  analogy  to  recipients  of  an
invalidity allowance. If the recipient of an invalidity allowance retires before the age
of 65 without having reached the maximum pension entitlement, the general rules on
retirement pensions shall be applied. The amount of the retirement pension shall be
based on the salary for the grade and step occupied by the member of the contract
staff when he became an invalid.

2.
The invalidity allowance shall be 70% of the final basic salary of the member
of the contract staff. However, it shall not be less than the basic monthly salary of a
member  of  the  contract  staff  in  function  group  I  1/1.  The  recipient  of  an  invalidity
allowance shall pay a contribution to the pension scheme, calculated on the basis of
that allowance.

Where  the  invalidity  of  the  contract  staff  member  arises  from  an  accident  in
3.
the  course  of  or  in  connection  with  the  performance  of  his  duties,  from  an
occupational disease, from a public spirited act or from risking life and limb to save
another  human  being,  the  invalidity  allowance  shall  not  be  less  than  120%  of  the
basic monthly salary of a function group I 1/1 contract staff member. In such cases
the pension contributions shall be borne by the budget of the former employer.

In  the  case  of  invalidity  deliberately  brought  about  by  the  contract  staff
4.
member , the authority referred to in the first paragraph of Article 6 may decide that
he should receive only the grant provided for in Article 107.

Persons entitled to an invalidity allowance shall also be entitled to the family
5.
allowances  provided  for  in  Article  67  of  the  Staff  Regulations  in  accordance  with
Annex VII to the Staff Regulations; the household allowance shall be determined on
the basis of the recipient's allowance.

Article 100

Invalidity  shall  be  established  by  the  Invalidity  Committee  provided  for  in

1.
Article 9 of the Staff Regulations.

2.
Entitlement  to  an  invalidity  allowance  shall  take  effect  on  the  day  following
that on which the contract staff member’s employment is terminated under Articles
47 and 48, which are applicable by analogy.

138

3.
The institution referred to in Article 40 of Annex VIII to the Staff Regulations
may  require  periodic  examinations  of  the  recipient  of  an  invalidity  allowance  to
establish  that  he  still  fulfils  the  conditions  for  payment  of  that  allowance.  If  the
Invalidity Committee finds that these conditions are no longer fulfilled, the contract
staff member shall resume service with the institution, providing his contract has not
expired.

However,  if  it  proves  impossible  to  employ  the  person  concerned  in  the  service  of  the
Communities, the contract may be terminated subject to payment of an amount corresponding
to  the  remuneration  that  would  have  been  paid  during  the  period  of  notice  and,  where
applicable, to the compensation for termination of contract provided for in Article 47. Article
107 shall also apply.

Article 101

The  persons  entitled  under  a  deceased  contract  staff  member  ,  as  defined  in
1.
Chapter  4  of  Annex  VIII  to  the  Staff  Regulations,  shall  be  entitled  to  a  survivor's
pension as provided for in Articles 102 to 105.

In  the  event  of  the  death  of  a  former  contract  staff  member  in  receipt  of  an
2.
invalidity  allowance  or  a  former  contract  staff  member  who  is  in  receipt  of  a
retirement  pension  or  who  leaves  the  service  before  reaching  63  years  of  age  and
requests  that  his  retirement  pension  be  deferred  until  the  first  day  of  the  calendar
month following that in which he reached 63 years of age, the persons entitled under
the deceased former contract staff member , as defined in Chapter 4 of Annex VIII to
the Staff Regulations, shall be entitled to a survivor's pension as provided for in that
Annex.

3.
Where the whereabouts of a contract staff member or of a former contract staff
member in receipt of an invalidity allowance or retirement pension, or of a former
contract  staff  member  who  leaves  the  service  before  reaching  63  years  of  age  and
requests  that  his  retirement  pension  be  deferred  until  the  first  day  of  the  calendar
month  following  that  in  which  he  reaches  63  years  of  age,  are  unknown  for  more
than  one  year,  the  provisions  of  Chapters  5  and  6  of  Annex  VIII  to  the  Staff
Regulations dealing with provisional pensions shall apply by analogy to his spouse
and to persons recognised as his dependants.

Article 102

The  right  to  receive  payment  of  pension  shall  have  effect  from  the  first  day  of  the  month
following  that  in  which  death  occurs  or,  where  applicable,  on  the  first  day  of  the  month
following  the  period  during  which  the  deceased's  surviving  spouse,  orphans  or  dependants
receive his emoluments under Article 70 of the Staff Regulations.

Article 103

The surviving spouse of a contract staff member shall be entitled  to  a  survivor's  pension  in
accordance with Chapter 4 of Annex VIII to the Staff Regulations. The pension shall not be
less than 35% of the final basic monthly salary received by the contract staff member , nor
less than the basic monthly salary of contract staff in function group I 1/1. Where a contract

139

staff  member  dies,  the  amount  of  the  survivor's  pension  shall  be  increased  to  60%  of  the
retirement pension which the contract staff member would have been paid if he had qualified,
irrespective of length of service or of age, for such pension at the time of death.

A person drawing a survivor's pension shall be entitled, on the conditions laid down in Annex
VII  to  the  Staff  Regulations,  to  the  family  allowances  specified  in  Article  67  of  the  Staff
Regulations.  However,  the  dependent  child  allowance  shall  be  double  that  provided  for  in
Article 67(1)(b) of the Staff Regulations.

Article 104

Where  a  contract  staff  member  or  person  entitled  to  a  retirement  pension  or
1.
invalidity  allowance  dies  leaving  no  spouse  entitled  to  a  survivor's  pension,  the
children deemed to be dependent on him shall be entitled to an orphan's pension in
accordance with Article 80 of the Staff Regulations.

2.
The  same  entitlement  shall  apply  to  children  who  fulfil  the  foregoing
conditions  in  the  event  of  death  or  remarriage  of  a  spouse  who  is  entitled  to  a
survivor’s pension.

3.
Where a contract staff member or a person entitled to a retirement pension or
invalidity allowance dies but the conditions set out in paragraph 1 are not satisfied,
the  provisions  of  the  third  paragraph  of  Article  80  of  the  Staff  Regulations  shall
apply.

4.
In the event of the death of a former member of the contract staff who leaves
the service before reaching 63 years of age and requests that his retirement pension
be  deferred  until  the  first  day  of  the  calendar  month  following  that  in  which  he
reaches 63 years of age, children deemed to be his dependants in accordance with
Article  2  of  Annex  VII  to  the  Staff  Regulations  shall  be  entitled  to  an  orphan's
pension on the same terms as those set out respectively in the foregoing paragraphs.

5.
The  orphan's  pension  of  a  person  treated  as  a  dependent  child  as  defined  in
Article  2(4)  of  Annex  VII  to  the  Staff  Regulations  may  not  exceed  200%  of  the
dependent child allowance. However, entitlement to the pension shall cease if a third
party is liable for maintenance under the national laws applicable.

No  orphan's  pension  shall  be  payable  where  a  natural  parent  who  has  been

6.
replaced by an adoptive parent dies.

Orphans  shall  be  entitled  to  an  education  allowance  in  accordance  with

7.
Article 3 of Annex VII to the Staff Regulations.

Article 105

In the case of divorce or where there is more than one category of survivor who qualifies to
claim  survivor's  pension,  such  pension  shall  be  apportioned  in  the  manner  provided  for  in
Chapter 4 of Annex VIII to the Staff Regulations.

140

Article 106

The rules relating to ceilings and apportionment set out in Article 81a of the Staff Regulations
shall apply by analogy.

SECTION C: RETIREMENT PENSION AND SEVERANCE GRANT

Article 107

1.
On leaving the service, contract staff shall be entitled to a retirement pension,
transfer  of  the  actuarial  equivalent  or  the  payment  of  a  severance  grant  in
accordance  with  Chapter  3  of  Title  V  of,  and  Annex  VIII  to,  the  Staff  Regulations.
Where  the  contract  staff  member  is  entitled  to  a  retirement  pension,  his  pension
rights shall be reduced in proportion to the amounts paid under Article 110.

Article 11(2) and (3) of Annex VIII of the Staff Regulations shall be applicable

2.
by anology to contract staff.

A person who becomes entitled to a retirement pension shall be entitled, if he
3.
has been employed for more than three years as a member of the contract staff, to the
family allowances provided for in Article 67 of the Staff Regulations; the household
allowance shall be calculated on the basis of the recipient's pension.

Article 108

If a member of the contract staff is appointed an official or temporary servant

1.
of the Communities, he shall not receive the grant provided for in Article 107(1).

Any period of service on the contract staff of one the Communities shall be taken into
account for the purpose of calculating years of pensionable service as provided for
in Annex VIII to the Staff Regulations.

Where the institution has exercised the option provided for in Article 110, the
2.
contract staff member's retirement pension rights shall be reduced proportionately in
respect of the period in which the sums were withdrawn.

The  preceding  paragraph  shall  not  apply  to  a  contract  staff  member  who,  in
3.
the  three  months  following  application  of  the  Staff  Regulations  to  him,  asks  to  be
allowed  to  repay  such  sums  plus  compound  interest  at  the  rate  of  3.5%  per  year,
which can be revised following the procedure laid down in Article 7 of Annex XII to
the Staff Regulations.

141

SECTION D: FUNDING OF THE INVALIDITY AND LIFE ASSURANCE SCHEME AND OF THE PENSION
SCHEME

Article 109

As  regards  the  funding  of  the  social  security  scheme  provided  for  in  Sections  B  and  C,  the
provisions of Articles  83  and  83a  of  the  Staff  Regulations  and  Articles  36  and  38  of  Annex
VIII thereto shall apply by analogy.

Article 110

In  accordance  with  conditions  to  be  laid  down  by  the  institution,  a  member  of  the  contract
staff may request the institution to effect any payments which he is required to make in order
to  constitute  or  maintain  pension  rights,  unemployment  insurance,  invalidity  insurance,  life
insurance  and  sickness  insurance  in  the  country  where  he  has  last  been  covered  by  such
schemes. Such member of the contract staff shall not benefit from any Community scheme for
the corresponding period.

The actual period of such payments for any contract staff member shall not exceed 6 months.
However, the institution may decide to extend this period to one year. The payments shall be
charged to the budget of the Communities. Payments to constitute or maintain pension rights
shall not exceed twice the rate provided for in Article 83(2) of the Staff Regulations

SECTION E: SETTLEMENT OF CLAIMS BY CONTRACT STAFF

Article 111

Articles 40 to 44 of Annex VIII to the Staff Regulations shall apply by analogy.

SECTION F: PAYMENT OF BENEFITS

Article 112

Articles  81a  and  82  of  the  Staff  Regulations  and  Article  45  of  Annex  VIII

1.
thereto, concerning the payment of benefits, shall apply by analogy.

Any  sums  due  from  a  contract  staff  member  to  the  Communities  under  this
2.
insurance scheme at the date when the benefits are payable shall be deducted from
the amount of his benefit or from the benefits payable to those entitled under him in a
manner to be determined by the institution referred to in Article 45 of Annex VIII to
the Staff Regulations. The deduction may be spread over a number of months.

142

SECTION G: SUBROGATION IN FAVOUR OF THE COMMUNITIES

The provisions of Article 85a of the Staff Regulations, relating to subrogation in favour of the
Communities, shall apply by analogy.

Article 113

Chapter 9: Recovery of undue payment

Article 113a

The provisions of Article 85 of the Staff Regulations on the recovery of undue payment shall
apply.

Chapter 10: Appeals

Article 113b

The provisions of Title VII of the Staff Regulations on appeals shall apply by analogy.

Chapter 11: Special and exceptional provisions applicable to members of the contract staff
serving in a third country

Article 114

The provisions of Articles 6 to 16 and 19 to 25 of Annex X to the Staff Regulations shall apply
by analogy to contract staff serving in third countries. However, Article 21 of that Annex shall
only apply if the contract is for not less than one year.

Chapter 12: Termination of employment

Article 115

Articles 47 to 50a, with the exception of Article 48a, shall apply by analogy to contract staff.

In  the  event  of  disciplinary  proceedings  against  a  contract  staff  member,  the  Disciplinary
Board referred to in Annex IX to the Staff Regulations and in Article 49 of these Conditions of
Employment shall meet with two additional members from the same function group and grade
as  the  contract  staff  member  concerned.  These  two  additional  members  shall  be  appointed
according  to  an  ad  hoc  procedure  agreed  upon  by  the  authority  referred  to  in  the  first
paragraph of Article 6 of these Conditions of Employment and the Staff Committee."

32.

33.

Former Articles 79 and 80 become Articles 116 and 117.

Former Article 81 becomes Article 118 and is replaced by the following:

143

“Article 118

Any dispute between the institution and a member of the local staff serving in a third country
shall be submitted to an arbitration board on the conditions defined in the arbitration clause
contained in the local staff member's contract.”

34.

35.

Title VI is deleted.

The  former  Title  V  becomes  Title  VI  and  the  former  Articles  82  and  83  become
Articles 119 and 120 respectively.

36.

Article 120 is amended to read as follows:

“Article 120

Articles 1d, 1e, 11, 11a, 12 and 12a, the first paragraph of Article 16, Articles 17, 17a, 19,
22,22a, 22b and 22c, the first and second paragraphs of Article 23 and the second paragraph
of Article 25 of the Staff Regulations, concerning the rights and obligations of officials, and
Articles 90 and 91 of the Staff Regulations, concerning appeals, shall apply by analogy."

37.

In Title VII, the former Articles 99, 100 and 101 are deleted and the following new
Article 121 is inserted:

“Article 121

Without  prejudice  to  the  other  provisions  of  the  Conditions  of  Employment,  the  Annex  II
hereto  lays  down  the  transitional  provisions  applicable  to  the  staff  engaged  under  contract
covered by these Conditions of Employment.”

38.

39.

40.

In  Title  VIII  the  former  Article  102  and  103  become  Article  122  and  123
respectively.

In title VIII ''article 103'' the new article 122 becomes ''article 123"

The following Annexes are added:

“Annex I: Special and exceptional provisions applicable to temporary staff engaged to assist
a political group in the European Parliament

Article 1

Article 50 of the Staff Regulations shall apply by analogy to temporary servants equivalent in
grade and function to senior officials as defined in Article 29(2) of the Staff Regulations and
engaged  in  accordance  with  Article  2(c)  of  these  Conditions  of  Employment  to  assist  a
political group in the European Parliament.

Article 2

The  provisions  of  Article  41(3)  of  the  Staff  Regulations,  with  the  exception  of  the  second
subparagraph, shall apply by analogy to temporary servants for a maximum of one year who
are  engaged  in  accordance  with  Article  2(c)  of  these  Conditions  of  Employment  to  assist  a

144

political  group  in  the  European  Parliament,  where  the  number  of  posts  in  the  group  is
reduced.

Annex  II:  Transitional  provisions  applicable  to  the  staff  covered  by  the  Conditions  of
Employment of other servants

Article 1

The provisions of Annex XIII to the Staff Regulations shall apply by analogy to

1.
the Conditions of Employment of other servants.

For the period from (date of entry into force) to (date of entry into force + 2

2.
years), in the Conditions of Employment of other servants:

In the first indent of point (b) of Article 3(1), “function group AST” is replaced

(a)
by “categories B and C”;

(b)
in the second indent of point (b) of Article 3(1), “the administrators' function
group (AD)” is replaced by “category A”, “AD 16 or AD 15” is replaced by “A*16
or A*15” and “AD 15 or AD 14” is replaced by “A*15 or “A*14”.

Article 2

1.
In  accordance  with  the  Conditions  of  Employment  of  other  servants,  the
authority referred to in the first paragraph of Article 6 of the Conditions shall offer
employment  of  indefinite  duration  as  a  member  of  the  contract  staff  to  any  person
employed  by  the  Communities  on  (date  of  entry  into  force)  under  a  contract  of
indefinite  duration  as  a  local  staff  member  in  the  European  Union  or  by  virtue  of
national legislation in one of the bodies referred to in Article 3a of the Conditions of
Employment The offer of employment shall be based on an assessment of the tasks to
be  performed  by  the  servant  as  a  member  of  the  contract  staff.  The  contract
concerned shall take effect on (date of entry into force). Article 84 of the Conditions
of Employment shall not apply to such contract.

2.
Should the classification of the staff member accepting the offer of a contract
result in a reduction in remuneration, the institution may pay an additional amount
taking  into  account  current  difference  between  fiscal,  social  security  and  pension
legislation  of  the  Member  State  of  employment  and  the  relevant  provisions
applicable to the contract staff member.

Each  institution  shall  adopt  general  provisions  for  the  implementation  of
3.
paragraph  1  and  2  in  accordance  with  Article  110  of  the  Staff  Regulations,  as
necessary.

A staff member who does not accept the offer referred to in paragraph 1 may

4.
retain his contractual relationship with the institution.

145

Article 3

For five years after [date of entry into force], local staff or contract staff of the Secretariat
General  of  the  Council  who  had  the  status  of  local  staff  of  that  Secretariat  General  before
[date of entry into force] may take part in internal competitions of the Council on the same
terms as officials and temporary staff of the institution.

Article 4

Fixed-term contracts of temporary staff covered by Article 2, point (d) of the Conditions of
Employment current on the date of entry into force of this Regulation may be renewed. Where
the contract has already been renewed once, the new contract shall be for an indefinite
period. Current contracts for an indefinite period of temporary staff covered by Article 2(d) of
the Conditions of Employment shall be unaffected.

Article 5

1.
Former  temporary  staff  who,  on  [date  of  entry  into  force],  are  unemployed  and  are
covered by the provisions of Article 28a of these Conditions of Employment applicable before
[date  of  entry  into  force]  shall  continue  to  be  covered  by  those  provisions  until  the  end  of
their period of unemployment.

Temporary staff whose contract is ongoing on [date of entry into force] may, at their
2.
request, be covered by Article 28a of these Conditions of Employment applicable before [date
of entry into force]. Such a request must be submitted at the latest 30 calendar days after the
date on which their temporary staff contract ends.

146

1.

2.

3.

4.

5.

5.0

5.1

[…]

DATE: 06/11/2003
APPROPRIATIONS:
[…]

FINANCIAL STATEMENT

BUDGET HEADING:
A10 members of the European Institutions, A11 staff in active employment,
401 staff contribution to the pension scheme
Part B administrative expenditure and receipts for research and agencies
403 Special levy
TITLE:
Reform of the Staff Regulations
LEGAL BASIS:
[Article 283 of the Treaty]
AIMS:
Reform of the staff regulations
FINANCIAL IMPLICATIONS

CHARGED TO THE EC BUDGET

NATIONAL AUTHORITIES
OTHER

EXPENDITURE
-
(REFUNDS/INTERVENTIONS)
-
-
REVENUE
-
(LEVIES/CUSTOMS DUTIES)
NATIONAL
-

OWN RESOURCES OF THE EC

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION:

12 MONTH
PERIOD

(EUR million)
See annex

CURRENT
FINANCIAL
YEAR
2003
(EUR million)

FOLLOWING
FINANCIAL
YEAR
2004
(EUR million)
-17

See annex

-12

2005
-64
-12

2006
-93
-14

2007
-104
-7

2008
-115
+4

6.0

6.1

See Annex
CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE
RELEVANT CHAPTER OF THE CURRENT BUDGET?

CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF
THE CURRENT BUDGET?

6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY?
6.3 WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS?
OBSERVATIONS:
The baseline for the calculation is an extention of the 5,83% temporary contribution and the pay adjustment
method

Not
applicable

Not
applicable
NO
YES

147

Annex to the financial statement

1. 

METHOD OF CALCULATION

The explanations below include also the effects of the separate proposal setting the
measures for the transition to the reform in 2003 and 2004.

The  changes  for  each  year  in  basic  pay  and  allocations  for  the  average  official  are
based  on  a  sample  of  15.620  Commission  officials.  The  special  levy  effect  is
obtained  by  comparison  with  a  prolongation  of  the  5,83%  temporary  contribution.
The  expenditure  and  revenue  for  the  Commission  heading  5  are  the  result  of
multiplying  these  averages  by  the  estimated  number  of  Commission  staff  for  each
year.

For the “other measures” the estimates have been made as in the 2002 proposal.

For  pensions,  the  average  changes  for  each  year  in  basic  pay  and  allocations  are
based on a simulation for the 9.953 official retired from all the institutions at the end
of 2001. The expenditure and revenue are the result of multiplying these averages by
the estimated number of retired staff for each year.

The new provisions increasing the normal retirement age should reduce pension costs
in the long term but as they could also increase pay costs in the short term it is not
possible to put forward a reliable forecast of its budget effect.

For the other institutions the expenditure and revenue have been estimated as 47% of
the corresponding values for the Commission heading 5.

148

2. 

COST FOR THE COMMISSION, OTHER INSTITUTIONS AND PENSIONS

M(cid:31)  at 2002 constant prices

Reform Cost

Basic pay  Commission H5

Allocations Commission H5

Other  Commission H5

Exp. Commission H5

Other institutions H5
Pensions

Tax  Commission ~H5

Pension Contribution Commission ~H5

Temp. Contrib. / Special Lev y  (Comm. ~H5

Rev. Commission ~H5

Other institutions ~H5
Pensions

A Expenditure
B Revenue
A - B Net Cost ( - = savings)

2003 2004 2005 2006 2007 2008 2009 2010 2020 2030 2003-10
-151
-27

-24

-98

-18

-24

-23

-22

-14

-20

-1

-26

-43

-154

-7

0

-27

-13

-12

-2

-2

-13

-17

-8

-1

-10

3
-8
-4
-3

-6

15

-16

-7
-3
0

-51

-26

-25

-15
-10
-5
Non rappel

-20

2
-32
-15
-9

-11

19

-15

-7
-3
0

-56
-10
-46

-23

1
-45
-21
-15

-15

22

-14

-8
-4
0

-82
-12
-70

-24

0
-48
-23
-21

-19

28

-13

-4
-2
-1

-25

0
-51
-24
-27

-23

37

-12

3
1
-1

-22

-1
-46
-22
-31

-25

44

-10

9
4
-1

-22

-1
-41
-19
-34

-25

47

-8

14
7
0

-1

-1
-49 -142
-67
-23
2
-24

-26

41

-6

9
4
8

-42

32

-8

-18
-9
17

-92 -102
3

-97 -208
-10
21
-86 -105 -111 -115 -117 -198

-94
21

-99
12

-6

5

-300

-141

-152

-126

210

-101

-17

-8

-5

-593

-29

-564

3. 

PAY, PENSIONS AND OTHER KEY FINANCIAL ELEMENTS OF THE REFORM

The main  reasons  for  the  reduction  in  expenditure  are  the  reduction  of  the  average
basic  pay  (New  Career  and  use  of  Contract  Agents),  the  quasi-  suppression  of  the
transfers and the phasing out of the correction coefficients for pensions.

The main reasons for the reduction in revenue are the replacement of the temporary
contribution by a lower special levy and the reduction in taxable income (due to the
increases  in  pension  contribution  and  the  child  allocation  and  the  reduction  of  the
average basic pay). The increase in the pension contribution will partially offset this
reduction.

149

PAY

All institutions Heading 5

estim ated as 147% of Com m ission H5

Reform Cost

2003 2004 2005 2006 2007 2008 2009 2010 2020 2030 2003-10

Ex p. basic pay

Household Allow.
Child Allowance
Education allowance
expatriation indemnity
secretary allowance
S ecretary Overtime
employer part Ins S&A
Annual trip
CC Transfers
CC pay
Other  (incl. Nom. Prot.)

Rev . Tax

Pension Contribution
Temp. Contrib. / S pecial Lev

A Pay Expenditure
B Pay Revenue

A - B Net Cost ( - = savings)

-29
-1
-1
-1
-4
0
0
-1
0
0
0
-1
-3
-2
-19
-40
-25
-15
No n rap p el

-2
-5
3
0
-1
0
0
0
-2
-11
0
1
-8
22
-24
-17
-10
-7

-20
-8
8
-2
-3
-1
0
-1
-3
-20
0
0
-16
29
-23
-50
-10
-39

-35
-9
13
-4
-4
-1
-1
-1
-3
-23
0
0
-23
32
-21
-69
-12
-57

-36
-9
18
-6
-4
-2
-1
-1
-3
-27
0
0
-28
41
-19
-71
-6
-66

-39
-9
23
-8
-4
-2
-1
-2
-4
-29
0
0
-33
54
-17
-75
4
-79

-34
-9
28
-9
-2
-3
-1
-1
-4
-30
0
0
-37
64
-14
-66
13
-79

-27
-10
28
-9
-2
-4
-1
-1
-4
-30
0
0
-37
69
-12
-59
21
-80

-33 -144
-12
-11
27
28
-9
-9
-16
-3
-12
-8
-2
-2
-6
-1
-3
-4
-29
-29
-2
0
0
0
-63
-38
48
60
-12
-9
-71 -208
13
-27
-85 -181

-221
-59
120
-40
-23
-14
-5
-9
-23
-170
-2
0
-187
309
-148
-448
-26
-422

Other

Reform Cost

Ex p. Non-Permanent Staff (Aux . Agents)

Working Conditions
Equal Opportunities
Flex. Ret., supress art7.1 & unem

A Other Expenditure
B Other Receipts

A - B Net Cost ( - = savings)

All institutions Heading 5

estim ated as 147% of Com m ission H5

2003 2004 2005 2006 2007 2008 2009 2010 2020 2030 2003-10
-49
55
21
-19
7
2
5

-8
8
3
-4
-1
0
-2

-8
8
3
-4
0
0
0

-8
8
3
-4
-1
0
-2

-8
8
3
-4
-1
0
-2

-8
8
3
-4
-1
0
-1

-7
8
3
-4
0
0
0

-7
8
3
-3
2
0
2

-6
8
3
-2
3
0
2

-4
5
2
1
5
0
5

0
0
0
0
0
0
0

Pensions

Re form cost

Ex p. Basic

Allowances
Empl.Soc.Sec.
CC + nominal protection
Other

A Pension Expenditure
B Pension Revenue (tax)

A - B Net Cost ( - = savings)

All Institutions
2003 2004 2005 2006 2007 2008 2009 2010 2020 2030 2003-10
7
-7
0
-143
-10
-152
-5
-148

110
0
4
-97
-16
2
17
-16

58
0
2
-72
-11
-24
8
-31

7
-1
0
-37
-4
-34
0
-34

5
-1
0
-33
-2
-31
-1
-31

3
-1
0
-28
-2
-27
-1
-26

2
-1
0
-21
-1
-21
-1
-20

1
-1
0
-14
-1
-15
0
-15

0
-1
0
-7
0
-9
0
-9

0
-1
0
-2
0
-3
0
-3

-10
0
0
-1
0
-12
-1
-10
No n rap p el

150

4. 

THE REFORM AND THE FINANCIAL PERSPECTIVES FOR HEADING 5

The Staff Regulations reform will stay well within the ceiling set by the Financial
Perspectives. Furthermore the table below shows that the reform will reduce expenditure by
203 millions between 2003 and 2006.

Heading 5 Expenditure
M€ at current prices

Ceiling*
Expenditure whithout reform

E margin before Reform

F

Reform effect on  Expenditure
Expenditure after Reform

2003 2004 2005 2006
5.382 6.157 6.454 6.762
5.415 6.116 6.481 6.807

-33
-52

41
-16

-45
-89
5.362 6.100 6.421 6.718

-27
-60

G = E-F margin after Reform

20

57

33

44

2003-06

24.755

24.818

-63

-216

24.602

153

* Financial Perspectiv es defined in Berlin EUR15 and adapted in Copenhaguen to take into account enlargement EUR25

F'

Difference w ith april 2002 Proposal

-14

11

-4

-8

5. 

DIFFERENCES WITH THE 2002 APRIL PROPOSAL

In the expenditure side the main reasons for the differences are the phasing out of overtime
payments, the changes in the early retirement in the interest of service and the phasing out of
the correction coefficients for pensions.

In the revenue side the main reasons are the phasing in of a new special levy and the increases
in the pension contribution.

The  differences  for  2003  are  explained  because  the  effect  of  not  backdating  the  pay  and
pension adjustment is higher than expected. The differences  for 2004 are explained because
of
the 
January.

of  May 

instead 

applies 

reform 

from 

only 

the 

1st 

Diff. with april 2002 Proposal

2003

2004

2005

2006

2007

2008

2009

2010

2020

20302003-10

A Ex penditure

B Rev enue

A - B Net Cost ( - = sav ings)

-14

-2

-12

10

31

-4

41

-7

48

-6

58

-7

71

-9

81

-21

-45

-55

-64

-77

-90

-11

86

-97

-32

77

-52

68

-47

413

-109

-120

-461

6. 

TOTAL COST

Finally, while providing for major modernising changes in the Staff Regulations, the revised
term  as  shown  below.
proposal  respects  budgetary  rigor 

the  short  and 

long 

in 

151

Cost of Statute Reform

Summary

All institutions

Outside Heading 5 estimated as 24% of Commission H5

Reform Cost

Expenditure H5
Revenue H5
Net Cost H5 ( - = savings)

Expenditure Outside H5
Revenue Outside ~H5
Net Cost ( - = savings)

A Expenditure
B Revenue
A - B Net Cost ( - = savings)

2003 2004 2005 2006 2007 2008 2009 2010 2020 2030 2003-10
-51
-26
-25

-97 -208
-10
21
-86 -105 -111 -115 -117 -198

-92 -102
3

-82
-12
-70

-56
-10
-46

-15
-10
-5

-99
12

-94
21

-564

-593

-6

-29

-11
-2
-9

-12
-1
-11

-12
1
-13

-11
2
-13

-10
3
-13

-12
2
-14

-34
-4
-30

-93 -104 -115 -110 -104 -108 -242
-14
14
-14

23

24

-7

4

-79

-97 -118 -124 -128 -132 -228

-72

-4

-68

-665

-33

-632

-6
-4
-2

-58

-30

-28

-2
-2
0

-17
-12

-5

-8
-2
-6

-64
-12

-52

152