Proposal for a Council Decision on the position to be adopted within the ACP-EC Committee of Ambassadors concerning the Staff Regulations of the Centre for the Development of Enterprise
Date: 2004-01-15
Institutions: European Commission
Subjects: ACP countries, Centre for the Development of Enterprise, aid to undertakings, personnel administration, private sector, rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.01.2004
COM(2003)750 final

Proposal for a

COUNCIL DECISION

on the position to be adopted within the ACP-EC Committee of Ambassadors
concerning the Staff Regulations of the Centre for the Development of Enterprise

(presented by the Commission)

EN

  EN

EXPLANATORY MEMORANDUM

The  Cotonou  Agreement  of  June  2000  gives  a  central  role  to  the  private  sector  in  the
fulfilment of the main objectives of the EU-ACP partnership, i.e. the reduction and ultimately
the  eradication  of  poverty,  the  promotion  of  sustainable  development  and  the  progressive
integration of ACP countries into the world economy.

It has set up the Centre for the Development of Enterprise, CDE, as the main provider of non-
financial services to ACP firms and businesses and as a supporter of joint initiatives launched
by ACP and  EU  entrepreneurs. Created  in 1977,  the  Centre,  which  at  the  beginning  mainly
concentrated  on  industrialisation,  has  seen  its  remit  extended  to  cover  the  service  sector.
Hence its change of name from CDI (Centre for the Development of Industry) to CDE.

The role of the CDE is to help ACP enterprises to become more competitive, and to facilitate
and  to  promote  business  co-operation  and  partnership  between  ACP  and  EU  enterprises.  It
also  helps  with  the  development  of  business  support  services,  provides  assistance  for
investment  promotion  activities  and  contributes  to  the  development  and  transfer  of
technologies, know-how and best practices in business management. To carry out these tasks,
90 million EUR have been earmarked for the CDE in the 9th EDF, an increase from the 73
million eur it received under the 8th EDF.

In its Annex III, the Cotonou Agreement provides that after the signing of the Agreement, the
statutes and rules of procedure of the Centre as well as the financial and staff regulations will
be  laid  down.  This  process  has  taken  longer  than  expected  due  to  the  Centre's  internal
difficulties resulting from the absence of a board for more than two years. These difficulties
have now been resolved.  A  new  board  was  finally  appointed  last  year  and  has  already  held
three  meetings  this  year.  The  time  is  now  right  for  this  Council  decision,  the  legal  basis  of
which is the Cotonou Agreement that entered into force on 1 April 2003.

Council is requested to adopt the following decision on the Community position to be adopted
by the ACP-EC  Committee  of Ambassadors concerning the  Staff  Regulations  of  the  Centre
for the Development of Enterprise.

2

 
Proposal for a

COUNCIL DECISION

on the position to be adopted within the ACP-EC Committee of Ambassadors
concerning the Staff Regulations of the Centre for the Development of Enterprise

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
310 in conjunction with the second subparagraph of Article 300-(2) thereof,

Having  regard  to  the  Internal  Agreement1on  measures  to  be  taken  and  procedures  to  be
followed  for  the  implementation  of  the  ACP-EC  Partnership  Agreement  and  in  particular
Article 1.

Having regard to the proposal from the Commission,

Whereas  under  the  Partnership  Agreement  between  the  members  of  the  African,  Caribbean
and  Pacific  Group  of  States  of  the  one  part,  and  the  European  Community  and  its  Member
States,  of  the  other  part,  signed  in  Cotonou  on  23  June  2000  and  in  particular  Annex  III
thereto,  the  Staff  Regulations  of  the  Centre  for  the  Development  of  Enterprise,  hereinafter
referred to as the Centre should be adopted,

HAS DECIDED AS FOLLOWS :

Sole Article

The  Community  shall  take  the  following  position  within  the  ACP-EC  Committee  of
Ambassadors  on  the  Staff  Regulations  of  the  Centre,  as  based  on  the  draft  decision  of  the
ACP-EC Committee of Ambassadors attached in Annex I.

Done at Brussels,

1 

OJ L 317,15.12, p.376

For the Council
The President

3

 
                                                
ANNEX

Proposal for

DECISION No OF THE ACP-EC COMMITTEE OF AMBASSADORS

concerning the Staff Regulations of the Centre for the Development of Enterprise

THE ACP-EC COMMITTEE OF AMBASSADORS,

Having regard to the Partnership Agreement between the members of the African, Caribbean
and  Pacific  Group  of  States  of  the  one  part,  and  the  European  Community  and  its  Member
States, of the other  part, signed in Cotonou on 23  June  2000,2  hereinafter  referred  to  as  the
Cotonou Agreement and in particular Article 2 (6) of Annex III thereto,

Having regard to the Internal Agreement of 12 September  2000 between  Representatives of
the  Governments  of  the  Member  States,  meeting  within  the  Council,  on  the  Financing  and
Administration of Community Aid under the Financial Protocol to the Partnership Agreement
between  the  African,  Caribbean  and  Pacific  States  and  the  European  Community  and  its
Member States, signed in Cotonou (Benin) on 23 June 2000,

Having regard to the proposal from the Commission drawn up in agreement with the Centre
for the Development of Enterprise,

Whereas the Committee of Ambassadors after the signature of the Cotonou Agreement should
lay down the Staff Regulations of the Centre for the Development of Enterprise, hereinafter
referred as the Centre,

HAS  ADOPTED  THE  STAFF  REGULATIONS  OF  THE  CENTRE  FOR  THE
DEVELOPMENT OF ENTERPRISE:

TITLE I

GENERAL PROVISIONS

Article 1

1.

These  Staff  Regulations,  hereinafter  referred  to  as  "these  Regulations",  are  hereby
established taking into account the international and public nature of the activity of
the  Centre.  In  particular,  they  regulate  the  rights  and  obligations  of  the  staff,
conditions  relating  to  employment,  grading  of  posts  and  termination  of  service;
working conditions; remuneration and social benefits, disciplinary arrangements and
appeals procedures.

2 

OJ L 317, 15.12.2000, p.3

4

 
                                                
2.

3.

The Executive Board of the Centre, hereinafter referred to as "the Executive Board",
may, within the limits of these Regulations, adopt proposals for, or amendments to,
internal rules submitted by the Director of the Centre, hereinafter referred to as "the
Director", for the purpose of setting out in greater detail the principles embodied in
these Regulations; this option will apply in particular to aspects expressly provided
for therein.

The  Executive  Board  shall  notify  the  ACP-EC  Committee  of  Ambassadors,
hereinafter  referred  to  as  "the  Committee",  and  the  Commission  of  proposals  of
internal rules or amendments to internal rules it has adopted as soon as possible and
not later than 30 working days from the date of their adoption.

The  Executive  Board  may,  if  it  considers  it  necessary,  provisionally  and
conditionally apply proposals of internal the rules or amendments to internals rules it
has  -adopted.  The  effective  date  of  application  may  not  be  earlier  than  the  date  of
adoption by the Executive Board.

Not later than three months from the date of notification, the Committee shall either
approve the internal rules notified or make amendments thereto. 4..
Cotonou Agreement, the Headquarters Agreement between Belgium and the Centre,
the  Statutes  and  Rules  of  Procedure  of  the  Centre,  these  Regulations  and  their
annexes, which form an integral part thereof, the Financial Regulation of the Centre,
the internal rules approved in accordance with paragraphs 2 and 3 of this Article after
the entry into force of these Regulations, the internal implementing rules established
by  the  Director  and  any  individual  conditions  laid  down  in  writing  at  the  time  of
recruitment  or  subsequently,  in  both  cases  with  the  Executive  Board’s  approval,
together make up the legal framework applicable to the Director, the Deputy Director
and the staff of the Centre within the meaning of Article 2 below.

The

5.

Members of staff who were entitled to allowances and tax abatements under the Staff
Regulations of previous Conventions shall remain entitled thereto.

1.

These Regulations lay down the conditions applicable to:

Article 2

– 

– 

– 

the Director and Deputy Director of the Centre,

the staff of the Centre,

the local staff of the Centre.

2.

3.

Within  the  meaning  of  these  Regulations,  a  member  of  staff  of  the  Centre  is  any
person  employed  under  a  contract  signed  by  the  Director  for  a  specified  period
within  the  meaning  of  Article  6  (2)  (a)  and  (b)  and  in  the  manner  and  within  the
limitations laid down herein.

For the purpose of these Regulations, a member of local staff is any person employed
under  a  contract  for  a  specified  period  by  the  Centre  to  perform  manual  or  service
duties in a post not specified in Article 7, and in accordance with local custom.

5

 
Article 3

1.

2.

The  Executive  Board  shall  be  responsible  for  approving,  on  proposals  from  the
Director, the recruitment of staff at levels 2.A and 2.B and the renewal, extension or
termination of staff contracts and any individual special conditions relating to one or
more members of staff.

The  recruitment  of  local  staff  and  the  renewal,  extension  or  termination  of  their
contracts  shall  be  decided  by  the  Director  following  the  normal  procedures  in
accordance  with  internal  rules  adopted  by  the  Executive  Board  on  a  proposal  from
the Director.

The Director shall seek the approval of the Executive Board on all matters relating to
recruitment  of  staff  and  the  renewal,  extension  and  termination  of  staff  contracts.
Such matters shall include, inter alia, vacancies, mode of advertisement of vacancies,
applications received and the method and basis of selection of the candidates.Article
4.

Article 4

1.

There shall be set up:

– 

– 

a Staff Committee

a Recruitment/Promotion Committee

which shall perform the functions assigned to them by these Regulations.

The  composition  and  the  procedures  of  these  bodies  shall  be  determined  in
accordance with the provisions of Annex V to these Regulations.

The Staff Committee shall represent the interests of the staff vis-à-vis the Centre and
shall  maintain  contact  between  the  Centre  and  the  staff.  It  shall  contribute  to  the
smooth running of the service by providing a channel for the expression of opinion
concerning staff matters.

The Staff Committee may  submit to the Director proposals  for the improvement of
staff working conditions or general living conditions.

The Director must be informed of the election of the Staff Committee, the candidates
put forward and the result of the votes cast.

The Director shall inform the Executive Board of the names of the members of the
Staff Committee.

The  Director  shall  grant  reasonable  facilities  to  the  Staff  Committee  for  the
performance of its duties.

For each vacant statutory post or promotion foreseen in the budget (and relating to a
contract for an indefinite period of time)  a Recruitment/Promotion Committee shall
be appointed by the Director.

2.

3.

4.

6

 
Article 5

The  Centre  may  draw  upon  the  services  of  seconded  experts  or  experts  funded  by  third
parties. These experts shall be governed by internal rules adopted by the Executive Board on a
proposal from the Director.

Any national or international civil servant or private sector executive, with qualifications and
experience  equivalent  to  those  required  by  a  member  of  staff  of  the  Centre,  who  is
temporarily  transferred  there  or  exchanged  with  another  member  of  staff  under  the  rules
referred to in paragraph 1, shall be considered a seconded expert.

TITLE II

STAFF

CHAPTER I

APPOINTMENT - GRADING OF POSTS - ESTABLISHMENT PLAN

Article 6

1.
The sole object of any appointment of a member of staff shall be to fill, in accordance
with the conditions laid down in these Regulations, a vacancy for a post contained in the list
of posts annexed to the budget in accordance with the provisions of Article 10.

2.

(a)

Statutory staff are engaged under one of the following contracts:

Contracts for an indefinite period of time

A contract approved by the Executive Board is subject to:

– 

– 

– 

– 

the availability of funding

continuous  satisfactory  performance,  as  referred  to  in  Article  30  of  these
Regulations

continuance of the functions occupied by the staff member

ability to perform the functions as per contract.

It shall be understood that the duration of an "indefinite contract" does not imply permanent
employment.

Any contract can be terminated as a result of disciplinary action.

(b)

Contracts for a fixed period of time

– 

A  contract  approved  by  the  Director  for  staff  engaged  to  fill  a  post  which  is
included in the list of posts appended to the section of the Centre's budget and
which the budgetary authorities have classified as temporary. The duration of
such  contracts  shall  be  up  to  two  years,  renewable  twice  only,  up  to  a
maximum overall period of five years.

7

 
– 

A contract approved by the Director for staff engaged to fill a post established
under programmes or funds managed by the Centre.

(c)

Short-term contracts

A contract approved by the Director for staff engaged for the performance of full-time or part-
time duties but not assigned to a post included in the list of posts appended to the section of
the Centre's budget. The duration of short-term contracts shall be up to one year, renewable
twice only, up to a maximum overall period of two years.

1.

1.

2.

The contract engaging a member of staff, drawn up in accordance with the specimen
in Annex I to these Regulations, shall state the date on which the indefinite contract
takes effect, the  category,  level and step,  and the obligation of  the  staff member  to
comply with these Regulations. The years of service in any previous employment as
a staff member at the Centre shall be taken into account in this contract.

Article 7

Post covered by these Regulations shall be graded, according to the nature and level
of  duties  to  which  they  correspond,  into  four  categories  designated,  in  descending
hierarchical order “directors” “professional” “clerical” and “supporting staff”.

Each category shall comprise levels, and each level steps.

The  categories,  levels  (with  typical  duties  corresponding  thereto)  and  steps  are  contained,
along with other information, in the table referred to in Annex II of these regulations On the
basis of that table, the Director shall define the duties and powers attaching to each post at the
Centre.

3.
The  "professional"  category  shall  be  for  staff  carrying  out  management  and  advisory
duties  in  the  development  area,  requiring  university-level  education.  This  category  shall
comprise four levels:

(a)

(b)

a  level  2.A  and  a  level  2.B  for  staff  carrying  out  the  duties  of  "main  expert",
requiring  a  university  degree  or  equivalent,  giving  entitlement  to  undertake  post-
graduate studies, and specific relevant professional experience of at least 20 and 15
years respectively after having obtained a degree;

a level 2.C and a level 2.D for staff  carrying out the duties of  "expert", requiring a
university  degree  or  equivalent,  giving  entitlement  to  undertake  post-graduate
studies,  and  specific  relevant  professional  experience  of  at  least  10  and  5  years
respectively after having obtained a degree.

The  Executive  Board,  on  a  proposal  from  the  Director,  shall  define  the  number  of  posts  at
level 2.A.

4.

The "clerical" category shall comprise three levels:

(a)

two  levels  for  staff  carrying  out  the  duties  of  "principal  assistant"  and  "clerical
assistant" respectively:

8

 
– 

– 

a level 3.A requiring a diploma of higher education or equivalent qualification
in  the  area  of  competence  and  relevant  professional  experience  of  at  least  5
years after having obtained a qualification;

a level 3.B requiring a secondary school or equivalent qualification, a diploma
from a recognised secretarial school and relevant professional experience of at
least 5 years after having obtained a qualification;

a level 3.C for staff carrying out the duties of "secretary" or "clerk", entailing duties
requiring  a  secondary  school  or  equivalent  qualification  and  relevant  professional
experience of at least 3 years after having obtained a qualification.

The category “supporting staff” shall comprise a level 4.A for staff carrying out the
duties  of  ‘technical  staff’,  entailing  manual  or  service  duties  requiring  primary
education,  possibly  supplemented  by 
technical  knowledge,  and  professional
experience of at least two years.

Article 8

The grading of the member of staff at the time of appointment, specifying category,
level and step, shall be established by the Director in accordance with the budget and
with  the  Internal  rules  adopted  by  the  Executive  Board  on  a  proposal  from  the
Director.

Staff member should be recruited at the first step of his level.

However,  in  order  to  take  account  of  the  training  and  specific  professional
experience  of  the  person  concerned,  the  Director  may  allow  him  to  pass  over  one
step by recruiting him at step 2.

Assignment of a member of staff to a post corresponding to a level higher than that at
which he was appointed shall necessitate amendment of his contract.

Article 9

The Director shall assign each member of staff by transfer to posts requiring duties
of  his  category  and  level,  purely  in  the  interests  of  the  Centre  and  without  taking
nationality into account.

Assignment  of  a  member of  staff to a post  of  head  or  deputy  head  of  a unit  at  any
level shall be for functional reasons only.

Assignment  of  members  of  staff  shall  reflect  as  far  as  possible  the  joint  ACP-EC
nature of the Centre.

Assignment  to  a  duty  station  outside  Brussels  shall  be  governed  by  internal  rules
adopted by the Executive Board on a proposal from the Director.

Article 10

(b)

5.

1.

2.

3.

1.

2.

3.

4.

A  table  attached  to  the  annual  budget  of  the  Centre  shall  fix  the  number  of  posts  in  each
category and level and specify any vacancies.

9

 
CHAPTER II

RIGHTS AND OBLIGATIONS

Article 11

1.

Staff shall carry out their duties and conduct themselves solely with the interests of
the  Centre  in  mind;  they  shall  neither  seek  nor  take  instructions  from  any
government, authority, organisation or person outside the Centre.

They shall not, without the permission of the Director, accept from any government or from
any source outside the Centre any favour, gift or payment of any kind whatsoever, except for
services  rendered  either  before  appointment  or  during  special  leave,  and  in  respect  of  such
services.

Article 12

1.

2.

Staff  shall  abstain  from  any  action  and,  in  particular,  any  public  expression  of
opinion  which  may  reflect  adversely  on  their  position  or  on  the  reputation  of  the
Centre.

Staff shall not engage in activities, whether gainful or not, likely to detract from their
independence or be detrimental to the interests of the Centre.

Article 13

If  the  legal  spouse  of  a  staff  member  or  the  person  with  whom  the  staff  member  lives  in  a
marital status is in gainful employment, the staff member shall inform the Director.

Should the nature of the employment prove to be incompatible with that of the staff member
or with the interests of the Centre and if the staff member is unable to give an undertaking that
it  will  cease  within  a  specified  and  reasonable  period,  the  Director  shall  propose  that  the
Executive  Board  take  a  decision  as  to  whether  the  staff  member  is  to  continue  in  his  post,
have his contract terminated, or be suspended.

Article 14

A staff member who, in the performance of his duties, is called upon to decide on a matter in
the  handling  or  outcome  of  which  he  has  a  personal  interest  such  as  to  impair  his
independence shall inform the Director thereof.

Article 15

A  staff  member  shall,  after  leaving  the  service,  continue  to  be  bound  by  the  obligation  to
behave  with  integrity  and  discretion  as  regards  the  acceptance  of  certain  appointments  or
benefits linked directly or indirectly with the Centre.

Article 16

1.

Staff  shall  exercise  the  greatest  discretion  with  regard  to  all  facts  and  information
coming to their knowledge in the course of or in connection with the performance of
their  duties;  they  shall  not  in  any  manner  whatsoever  disclose  to  any  unauthorised
natural or legal person any document or information not already made public. They

10

 
shall continue to be bound by this obligation after leaving the service for a period of
ten years.

2.

Staff  shall  not,  whether  alone  or  together  with  others,  publish  or  cause  to  be
published, without the permission of the Director, any matter dealing with the work
of  the  Centre.  Permission  shall  be  refused  only  where  the  proposed  publication  is
liable to prejudice the interests of the Centre.

Article 17

All rights, including copyright and other intellectual property rights, in any writings or other
work done by staff in the performance of their duties shall be the property of the Centre.

Article 18

Staff  shall  reside  either  in  the  place  where  they  are  employed  or  at  no  greater  distance
therefrom than is compatible with the proper performance of their duties.

1.

2.

3.

1.

2.

1.

Article 19

Whatever his rank, a staff member shall assist and tender advice to his superiors; he
shall be responsible for the performance of the duties assigned to him.

A  staff  member  in  charge  of  any  branch  of  the  service  shall  be  responsible  to  his
superiors  in  respect  of  the  authority  conferred  on  him  and  for  the  carrying  out  of
instructions  given  by  him.  The  responsibility  of  his  subordinates  shall  in  no  way
release him from his own responsibilities.

A  staff  member  who  receives  instructions,  which  he  considers  to  be  irregular  or
likely to give rise to serious difficulties, shall inform his immediate superior thereof,
if necessary,  in  writing.  If he  then  receives  written  confirmation  of  the  instructions
from his superior, he shall carry them out, unless they constitute a breach of criminal
law  or  would  give  rise  to  inordinate  risk  to  personal  security.  In  the  event  that  the
instructions  constitute  a  breach  of  law,  the  staff  member  shall  refer  the  case  to  the
Director.

Article 20

A  staff  member  shall  be  required  to  make  good,  in  whole  or  in  part,  any  damage
suffered by the Centre as a result of serious misconduct on his part in the course of,
or in connection with, the performance of his duties

A reasoned decision shall be taken  by the Executive Board  on  a  proposal  from  the
Director,  in  accordance  with  the  procedure  laid  down  in  regard  to  disciplinary
matters.

Article 21

The privileges and immunities enjoyed by staff members of the Centre are accorded
solely in the interests of the latter. Subject to the relevant provisions of the Protocol
on  Privileges  and  Immunities  of  the  Cotonou  Agreement  that  are  applicable  to  the
Centre  and  its  staff,  and,  as  the  case  may  be,  the  Headquarters  Agreement,  staff

11

 
2.

1.

2.

members  shall  not  be  exempt  from  fulfilling  their  private  obligations  or  from
complying with the laws and police regulations in force.

When  such  privileges  and  immunities  are  in  dispute,  the  staff  member  concerned
shall immediately inform the Director.

Article 22

The  Centre  shall  assist  any  staff  member  in  any  legal  proceedings  against  the
perpetrators  of  threats,  insulting  or  defamatory  acts  or  utterances,  or  any  attack  to
person or property to which he or a member of his family is subjected by reason of
his position or duties. It shall jointly and severally compensate for damage suffered
thereby by any  staff  member  in  so  far  as  he  did  not  either  intentionally  or  through
grave negligence cause the damage and has been unable to obtain compensation from
the person who did cause it.

The  Centre  shall  facilitate  the  training  of  any  staff  member  in  so  far  as  it  is
compatible with the requirements of the proper  functioning of the  service and  is of
benefit to the Centre.

Article 23

A staff member shall be entitled to exercise the right of association; he may in particular be a
member  of  trade  unions  or  staff  associations.  The  fact  of  performing  duties  in  such  trade
unions or staff associations shall in no way be prejudicial to the person concerned.

Article 24

1.

2.

3.

Staff may address a petition to the Director on questions concerning their duties.

Any decision relating to a specific individual which is taken under these Regulations
shall at once be communicated in writing to the staff member.

Any decision adversely affecting a staff member shall state the grounds on which it
is based.

1.

There shall be only one personal file for each staff member. This file shall contain:

Article 25

– 

– 

all  documents  concerning  his  administrative  status  and  all  reports  relating  to
his ability, efficiency and conduct

any comments by the staff member on such documents.

A staff member shall have the right to acquaint himself with all the documents in his
file. After leaving the service, he shall retain this right for a maximum period of two
years.

The personal file shall be confidential and may be consulted only in the offices of the
the
Administration.  Copies  of  relevant  documents  shall  be  forwarded 
Administrative  Tribunal  of  the  ILO  if  an  action  concerning  the  staff  member  is
brought before the Tribunal and if the Tribunal requires it.

to 

12

 
2.

1.

2.

3.

Any  document  contained  in  the  staff  member’s  personal  file  concerning  a
disciplinary measure for first degree of seriousness in accordance with Article 55 (2)
shall be cancelled after a period of three years if no further disciplinary measure has
been imposed on the staff member during that period.

CHAPTER III

RECRUITMENT - PERIODIC ASSESSMENT -

PROFESSIONAL ADVANCEMENT -

TERMINATION OF SERVICE/CONTRACT - REMOVAL FROM POST

Section 1

Recruitment

Article 26

Recruitment  of  staff  shall  be  directed  at  securing  for  the  Centre  the  services  of
persons of the highest standard of ability, efficiency and integrity.

Staff  members  shall  be  selected  on  the  basis  of  a  competition  in  accordance  with
internal rules adopted by the Executive Board on a proposal from the Director.

The recruitment procedure established by the rules referred to in paragraph 2 shall be
open and transparent, offering the same participation and employment opportunities
to all nationals of States signatory to the Cotonou Agreement.

Staff members shall be selected without reference to race, creed or sex.

No post shall be reserved for nationals of any specific Member State.

Given  equivalent  levels  of  professional  qualifications  and  experience  required  for
appointment  to  a  post,  recruitment  shall  be  on  as  wide  a  geographical  basis  as
possible from among nationals of States signatory to the Cotonou Agreement.

The recruitment of staff members  must  reflect  as  far  as  possible  the  joint  ACP-EC
nature of the Centre.

1.

A staff member may be employed only on condition that he/she :

Article 27

(a) . is a national of one of the States signatory to the Cotonou Agreement;

(b)  has  fulfilled  any  obligations  imposed  on  him  by  the  laws  concerning  military
service applicable to him

(c)  produces  the  appropriate  character  references  as  tho  his  suitability  for  the
performance of his duties

(d) was recruited in accordance with the competition-based procedure as referred to
in Article 26 (2);

13

 
(e)  is  physically  fit  to  perform  his/her  duties,  as  determined  by  a  medical
examination by a medical practitioner appointed by the Centre;

(f) produces evidence of a thorough knowledge of one of the Centre’s two principal
working  languages  (french  or  english)  and  a  satisfactory  knowledge  of  the  other
working  language  of  the  Centre  to  the  extent  necessary  for  the  performance  of  his
duties.

2.

Before  taking  up  his  duties,  every  staff  member  shall  provide  the  Centre  with  the
following documents:

(a) a medical certificate attesting to his capacity to carry out the duties for which he
has been recruited;

(b)  a  document  attesting  to  the  fact  that  he  has  fulfilled  his  military  service
obligations;

(c) documentary evidence that he is a national of one  of the States  signatory to the
Cotonou Agreement and that he enjoys his full rights as a citizen:

(d)  documents  relating  to  his  civil  status,  and  to  that  of  his  legal  spouse  and
dependent children.

At the request of the Centre, staff members agree to undergo a medical examination
by the Centre’s medical officer before the end of the trial period.

Article 28

In  order  to  fill  vacant  posts,  the  Director,  after  considering  the  possibilities  of
assigning members of staff from the Centre to those posts by transfer or promotion in
level or category pursuant to the terms of Articles 32 and 33, shall initiate an external
recruitment  procedure  on  the  basis  of  a  competition  in  accordance  with  the  rules
referred to in Articles 4 (1)and 26 (2) and Annex V.

The recruitment procedure may also be initiated in order to  constitute a reserve  list
for future recruitment.

Article 29

On recruitment, a staff member shall serve a trial period of six months' duration.

A  staff  member whose work  has  not  proved  adequate  for  establishment  in  his  post
shall be dismissed. However, the Director may, in exceptional circumstances, extend
the trial period for further periods, up to a total of a further six months.

Where,  during  his  trial  period  and  subsequent  extensions,  a  staff  member  is
prevented, by sickness, maternity leave or accident, from performing his duties for a
continuous period of at least one month, the Director may extend his trial period by
the corresponding length of time.

Without  prejudice to paragraph  3 of  this Article, the  total  length  of  the  trial  period
shall, in no circumstances, exceed twelve months.

3.

1.

2.

1.

2.

3.

4.

14

 
5.

1.

2.

3.

1.

2.

3.

4.

1.

The  probationer may  resign  at  any time during  the  trial  period,  giving  one  month's
notice, unless otherwise agreed.

Section 2

Periodic Assessment - Professional Advancement

Article 30

Every  twelve  months,  at  the  end  of  the  calendar  year  and  subject  to  the  internal
implementing rules laid down by the Director, the ability, efficiency and conduct of a
staff member shall be the subject of an assessment report by his superiors.

The  assessment  report  shall  be  communicated  to  the  staff  member.  He  shall  be
entitled to make any comments thereon which he considers relevant.

Article 31

A  member  of  staff,  after  excellent  performance  and  continuous  service  of  not  less
than  two  years  at  the  same  level  and  step  and  whose  contract  will  continue  for  at
least one month after that period, may advance to the next step of his level.

1.

The  above-mentioned  increases  in  step  shall  not  be  automatic  and  shall  be
decided on by the Director on the basis of the ability, efficiency and conduct of
the staff member as assessed by his superiors and of changes in the complexity
of his duties.

Article 32

Any promotion in level of a staff member shall occur only in order to fill vacancies
by  means  of  appointment  by  the  Director  to  the  level  immediately  above,  in
accordance  with  internal  rules  adopted  by  the  Executive  Board  on  a  proposal  from
the Director.

The appointment of a staff member to  the level  immediately  above  the  category  to
which he belongs shall take place from among staff members who have completed a
minimum  length  of  service  at  their  level,  after  consideration  of  their  comparative
merits and the reports of their hierarchical superiors.

staff  member  may  be  appointed  to  the  category  immediately  above  only  after  a
competitive  assessment  among  staff  members  applying,  who  have  the  requisite
training  and  experience  and  have  completed  a  minimum  length  of  service  at  their
level. The staff member shall be appointed to the lowest level of the new category.

A  minimum  of  two  years  at  the  same  level  shall  be  a  condition  for  eligibility  for
promotion in level or category.

Article 33

A staff member shall be classified at the step for which the salary is closest to that
which he was receiving at his previous level.

15

 
2.

3.

In no case shall a staff member receive at his new level a basic salary lower than that
which he received at his former level.

In  no  case  shall  a  staff  member  be  penalised  in  monetary  terms  in  the  case  where,
had he not been promoted, he would have received a merit step at his former level. In
such  a  case,  the  staff  member  shall  receive  a  supplementary  step  on  the  date  on
which the merit step would have been due at his former level.

Section 3

Termination of Service - Termination of Contract

Article 34

Apart from cessation on death, employment shall cease:

1.

2.

3.

4.

5.

6.

At the end of the period of notice  following resignation  by the staff member. Such
notice shall be for a minimum of three months and a maximum of six months, unless
a shorter period is mutually agreed.

At the end of the period of notice following notification by the Centre.

The  length  of  the  period  of  notice  shall  be  one  month  for  each  completed  year  of
service, subject to a minimum of three months and a maximum of nine months. The
period of notice shall not commence to run, however, 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 aforesaid limits.

At the end of the month in which the staff member reaches the age of 65 years.

In the interest of the efficient working of the Centre, a staff member's contract may
be terminated in the case of incompetence or unsatisfactory service during the course
of employment, in accordance with Article 55 of these Regulations.

In the event of the closure of the Centre, due notably to the lack of funding , a staff
member shall receive compensation of one month's gross basic salary per completed
year of service, up to a maximum of twelve months. Such calculation shall be based
on the staff member's last gross basic monthly salary.

In the event of redundancy of a post, the staff member concerned shall receive notice
as provided for  in  paragraph  2  above  and  shall  receive  compensation  as  defined  in
paragraph 5.

Article 35

The  contract  of  a  staff  member  may  be  terminated  without  notice  on  the  initiative  of  the
Director:

(a)

(b)

(c)

During or at the end of the trial period, under the conditions set out in Article 29 (2)

if the staff member ceases to fulfil the conditions set out in Article 27 (1)

in the case provided for in Article 36

16

 
(d)

in the case provided for in Article 37

Article 36

1.

2.

3.

1.

2.

3.

After completion of the disciplinary procedure laid down in Chapter VI of this Title,
the  contract  of  a  staff  member  may  be  terminated  without  notice  on  disciplinary
grounds  in  serious  cases  of  failure  to  comply  with  his  obligations,  whether
intentionally or through negligence on his part. The decision to terminate a contract
shall be taken by the Director, after the person concerned has had an opportunity to
submit his defence.

Prior to the termination of his contract, the staff member may be suspended under the
conditions set out in Article 57.

In  the  event  of  termination  of  duties  pursuant  to  paragraph  1  of  this  Article,  the
Director may propose that the Executive Board should decide to withhold from the
person  concerned  all  or  part  of  his  entitlement  to  the  compensation  and
reimbursement of costs provided for in the rules referred to in Articles 46 and 52.

Article 37

The  contract  of  a  staff  member  must  be  terminated  without  notice  by  the  Centre
where  the  Director  finds  that,  at  the  time  of  his  recruitment,  the  person  concerned
intentionally  provided  false  information  concerning  his  professional  skills  or  the
conditions set out in Article 27 (1).

In this case, the termination of the contract shall be declared by the Executive Board
on a proposal from the Director, after the person concerned has been heard and after
completion of the disciplinary procedure laid down in Chapter VI of this Title.

Prior to the termination of his contract, the staff member may be suspended under the
conditions set out in Article 57.

The provisions of Article 36 (3) shall apply.

CHAPTER IV

WORKING CONDITIONS

Section 1

Duration of Work

Article 38

1.

Staff in active employment shall at all times be at the disposal of the Centre.

However, the normal working  week shall not exceed thirty-seven  and a half  hours,
the  hours  of  the  normal  working  day  being  determined  in  accordance  with  the
internal implementing rules laid down by the Director.

2.

The Director may, on duly justified grounds, authorise a staff member to work part-
time, if he considers that this would be in line with the interests of the Centre.

17

 
1.

2.

3.

1.

2.

The  arrangements  for  granting  this  authorisation  shall  be  set  out  in  the  internal
implementing rules laid down by the Director.

Article 39

Staff may be required to work overtime in cases of urgency or exceptional pressure
of work. Night work and all work on Sundays or public holidays may be authorised
only in accordance with the internal implementing rules laid down by the Director.

The total amount of overtime required of a staff member may not exceed 150 hours
worked in a six-month period.

Overtime worked by staff in the  “professional” and  “clerical” staff' categories shall
not create entitlement to compensation or to remuneration

Under  the  conditions  laid  down  in  the  internal  implementing  rules  referred  to  in
paragraph 1, overtime worked by staff in the "supporting staff" category shall create
entitlement to a compensatory rest period or, if the needs of the service do not allow
compensation  in  the  six  months  following  that  during  which  the  overtime  was
worked, to the automatic granting of a payment per hour of overtime fixed by those
rules.

Section 2

Leave

Article 40

Staff  shall  be  entitled  to  a  minimum  of  24  working  days  and  a  maximum  of  30
working  days  of  annual  leave  per  calendar  year,  in  accordance  with  the  internal
implementing  rules  laid  down  by  the  Director.  These  rules  shall  specify  the
conditions for carrying over leave from one calendar year to the next.

Apart from this annual leave, staff may exceptionally, on request, be granted special
leave by the Director. The arrangements for granting such leave shall be laid down in
internal rules adopted by the Executive Board on a proposal from the Director.

Article 41

Female members of staff shall be entitled, in addition to the leave provided for in Article 40,
and on production of a medical certificate, to maternity leave with full pay normally starting
six  weeks  before  the  expected  date  of  confinement  shown  in  the  certificate  and  normally
ending 10 weeks after the date of confinement; such leave shall not be for less than 16 weeks.

However,  with  medical  authorisation,  the  staff  member  concerned  may  start  her  maternity
leave less than 6 weeks before the expected date of confinement, ending in this case at the end
of a period of 10 weeks after the date of confinement plus the time which the staff member
concerned  has  continued  to  work  as  from  the  sixth  week  preceding  the  actual  date  of
confinement.

Male members of staff shall be entitled to five working days' paternity leave within ten weeks
after the date of birth of the child.

18

 
Article 42

A  staff  member  who  provides  evidence  of  incapacity  to  perform  his  duties  because  of
sickness  or  accident  shall  automatically  be  entitled  to  sick  leave,  in  accordance  with  the
internal  rules  adopted  by  the  Executive  Board  on  a  proposal  from  the  Director.  At  its  own
discretion, the Centre may decide to obtain an expert medical opinion.

Article 43

The  annual  leave  of  a  staff  member  authorised  to  work  part-time  shall,  for  the  duration  of
such work, be reduced accordingly. Fractions of deductible days shall be calculated on a pro
rata basis, in accordance with the internal implementing rules laid down by the Director.

1.

2.

3.

4.

Article 44

Except  in  case  of  sickness  or  accident,  a  staff  member  may  not  be  absent  without
prior permission from his immediate superior. Without prejudice to any disciplinary
measures that may  apply,  any unauthorised  absence which is duly established shall
be deducted from the annual leave of the staff member concerned. If he has used up
his  annual  leave,  he  shall  automatically  forfeit  his  remuneration  for  an  equivalent
period.

Where a staff member wishes to spend his sick leave in a place other than his place
of employment, he shall be required to obtain prior authorisation from the Director.

A  staff  member  may,  in  exceptional  circumstances  and  at  his  request,  be  granted
unpaid leave, at the Director’s discretion, on personal grounds. The duration of such
leave shall not exceed one year per period of fifteen years.

During this period, the staff member shall not benefit from any increase in step, nor
shall  his  period  of  absence  on  unpaid  leave  be  taken  into  account  in  the  minimum
period stipulated under Article 31 (1) and (2).

The rules applying to unpaid leave shall be defined in the internal rules adopted by
the Executive Board on a proposal from the Director.

At  the  end  of  each  period  of  18  months'  continuous  service,  staff  members,  their
legal spouses and dependent children shall be entitled to return passage to their place
of origin, in accordance with the internal rules adopted by the Executive Board on a
proposal from the Director.

19

 
Section 3

Public holidays

Article 45

The list of public holidays shall be drawn up by the Director.

CHAPTER V

REMUNERATION AND EXPENSES

Article 46

1.

Under the conditions set out in the internal rules adopted by the Executive Board on
a proposal from the Director, and save as otherwise provided, a staff member shall be
entitled to the remuneration relating to his category, level and step by the sole fact of
his employment.

He may not waive this entitlement.

2.

The remuneration shall comprise a basic salary and family and other allowances.

The remuneration shall be expressed and paid in Euros.

Article 47

Article 48

On  a  proposal  from  the  Director,  the  Executive  Board  shall  approve  the  adjustment  of
remuneration on a yearly basis based on the methodology agreed by the Council of Ministers
of the EC for Community staff.

Article 49

The basic monthly salaries shall be fixed for each category, level and step in accordance with
the table in Annex II to these Regulations.

1.

2.

Article 50

The family allowances to which a staff member is entitled shall be laid down in the
rules mentioned in Article 46 and comprise:

(a)

the household allowance;

(b)

the dependent child allowance;

(c)

the education allowance.

A staff member in receipt of the family allowances referred to in this Article shall be
required  to  declare  allowances  of  the  same  type  paid  elsewhere,  these  allowances
being deducted from those paid under these Regulations.

20

 
3.

The  dependent  child  allowance  may  be  doubled  by  a  special  and  duly  justified
decision  of  the  Director  taken  on  the  basis  of  substantiating  medical  documents
drawn up by a doctor designated by the Centre, certifying that the child in question
imposes  on  the  staff  member  a  heavy  financial  burden  resulting  from  a  mental  or
physical handicap suffered by the child.

Article 51

If  a  staff  member  dies  during  his  term  of  employment,  the  surviving  legal  spouse  or  the
dependent children shall receive the overall remuneration of the deceased until the end of the
sixth month following that of the death.

Article 52

Under the conditions set out in the internal rules referred to in Article 46, a staff member shall
be entitled  to  reimbursement  of  the  expenses  which  he  incurred  on  taking  up  his  duties,  on
being transferred, on periodic home leave or at the end of his contract, as well as the expenses
he incurred in the pursuit, or in connection with the pursuit, of his duties, without prejudice to
the provisions of Article 36 (3).

Article 53

1.

2.

In the event of the death of a staff member, of his legal spouse or of his dependent
children, the costs incurred in respect of the transporting of the body from the staff
member’s  place  of  employment  to  his  place  of  origin  shall  be  reimbursed  by  the
Centre. An advance may be granted for that purpose by the Centre.

The  Centre  shall  also  reimburse  travel  expenses  and  the  costs  relating  to  the
transporting of the personal effects and luggage of the surviving persons mentioned
in  the  preceding  paragraph  returning  to  the  place  of  origin  of  the  deceased  staff
member

If  a  staff  member  dies  during  a  mission,  the  costs  incurred  in  respect  of  the
transporting of the body from the place of death to the staff member’s place of origin
shall be reimbursed by the Centre.

Article 54

Any sum overpaid shall be recovered if the recipient had knowledge of the irregularity of the
payment or if such irregularity was so obvious that he could not fail to have knowledge of it.
The arrangements for recovery shall be laid down by the Director.

CHAPTER VI

DISCIPLINARY MEASURES

Article 55

1.

2.

Any  failure  by  a  staff  member  to  comply  with  his  obligations  under  these
Regulations, whether intentionally or through negligence on his part, shall make him
liable to disciplinary action

Disciplinary measures shall take one of the following forms:

21

 
– 

measures for first degree of seriousness:

(a) written warning

(b) reprimand

– 

measures for second degree of seriousness:

(a) relegation in step

(b) downgrading in level or category

(c) removal from post.

3.

1.

2.

1.

2.

3.

4.

5.

A single offence shall not give rise to more than one disciplinary measure.

Article 56

The  Director  may  issue  the  warning  and  the  reprimand,  without  consulting  the
Executive Board on a proposal from the staff member's immediate superior or on his
own  initiative.  The  person  concerned  shall  be  heard  beforehand.  The  staff  member
may, if he wishes, respond to the warning or reprimand. His reply shall be kept in his
personal file.

The other measures shall be imposed by the Executive Board after completion of the
disciplinary procedure laid down in Article 58. This procedure could be initiated by
the Director or the Executive Board after hearing the person concerned.

Article 57

Where an allegation of serious misconduct is made against a staff member, whether
this  amounts  to  failure  to  carry  out  his  official  duties  or  to  a  breach  of  law,  the
Director  may  order  that  he  be  suspended.  The  decision  that  a  staff  member  be
suspended shall be taken as a precautionary step within four working days of the day
following discovery of the acts with which he is charged.

The  decision  that  a  staff  member  be  suspended  shall  specify  whether  he  is  to
continue  to  receive  his  remuneration  during  the  period  of  suspension  or  what  part
thereof  is  to  be  withheld;  the  part  withheld  shall  not  be  more  than  half  the  staff
member’s basic salary.

Where  no  decision  has  been  taken  on  the  staff  member  by  the  end  of  two  months,
from the date on which the decision  that the  staff  member  be  suspended came  into
force, the continuation of that suspension must be confirmed by the Executive Board.

Where no decision has been taken on the staff member by the  end  of four months,
from the date on which the decision that  the  staff  member  be  suspended came  into
force, the staff member shall again receive his full remuneration.

Where, at the end of the disciplinary procedure, no disciplinary action has been taken
in  respect  of  a  staff  member,  or  no  measure  other  than  a  written  warning  or
reprimand,  the  staff  member  concerned  shall  be  entitled  to  reimbursement  of  the
amount of remuneration withheld.

22

 
6.

1.

2.

1.

2.

Where, however, the staff member is prosecuted for those same acts, a final decision
shall  be  taken  only  after  a  final  verdict  has  been  reached  by  the  court  hearing  the
case.

Article 58

A  disciplinary  procedure  shall  be  initiated  by  the  Director,  involving  an  ad  hoc
committee  of  enquiry  which  shall  provide  the  Director  with  a  report,  which  must
clearly state the facts complained of and, if appropriate, the circumstances in which
they occurred.

This  report  shall  be  communicated  to  the  Chairman  of  the  Executive  Board,  who
shall notify the staff member concerned in writing.

Any frustration of notification ascribable to the staff member and any refusal by the
staff member to sign an acknowledgement of receipt shall count as notification.

The  composition  and  procedures  of  the  ad  hoc  committee  of  enquiry  shall  be  laid
down  in  the  internal  rules  adopted  by  the  Executive  Board  on  a  proposal  from  the
Director.

TITLE III

THE DIRECTOR AND DEPUTY DIRECTOR

Article 59

The provisions of these Regulations laying down rights and obligations for staff shall
apply mutatis mutandis to the Director and Deputy Director.

Where, in the context of these Regulations, it is provided that the Director shall take
decisions with respect to the staff and local staff, the Executive Board shall take such
decisions with respect to the Director and Deputy Director.

Similarly, where it is provided that the staff and local staff shall give information to
the  Director,  the  Director  and  Deputy  Director  shall  give  such  information  to  the
Executive Board.

23

 
TITLE IV

PROVISIONS CONCERNING SOCIAL SECURITY, TAXATION

AND APPEALS

CHAPTER I

SOCIAL PROVISIONS

Section 1

Social Security

Article 60

1.

2.

3.

1.

2.

1.

As regards social security schemes, staff members, the Deputy Director, the Director
and, to the extent necessary, legal members of their family recognised by the Centre,
may  choose  between  the  scheme  of  the  State  in  whose  territory  the  Centre  has  its
headquarters, the scheme of the State where they last resided or that of the State of
which they are nationals or any private scheme with which the Centre has signed an
agreement.

However,  this  choice  may  be  exercised  only  once  and  must  be  made  within  three
months of the date of recruitment; it shall take effect on the date on which duties are
taken up.

Staff members, the Deputy Director, the Director and their legal spouses, where these
are not eligible for benefits of the same type and level under all other legal provisions
or regulations, and their dependent children, as referred to in the internal rules, shall
be covered against illness. The degree of cover shall be defined in the internal rules
adopted by the Executive Board on a proposal from the Director.

The contributions necessary to provide such  cover against illness  shall  be  borne by
the staff members and the Centre in accordance with the internal rules referred to in
paragraph 2.

Article 61

Staff members, the Deputy Director and the Director shall be insured from the date
of their entering the service against the risk of occupational hazards and of accident,
subject to the internal rules referred to in Article 60. They shall contribute to the cost
of insuring against these risks.

Risks  not  covered,  benefits  payable  and  expenses  covered  shall  be  specified  in  the
internal rules referred to in paragraph 1.

Article 62

On  the  birth  of  a  child  to  a  staff  member,  the  Deputy  Director  or  the  Director,  a
single, flat-rate grant shall be paid to the person who has actual care of the child, in
accordance with the internal rules referred to in Article 60.

24

 
2.

1.

2.

1.

2.

3.

4.

5.

The recipient of the grant on the birth of a child must declare any grants of the same
nature  received  from  other  sources  for  the  same  child;  such  grants  shall  then  be
deducted from the grant referred to in paragraph 1.This grant shall be paid once only,
where both parents as staff members of the Centre are potentially eligible.

Section 2

Provident Fund

Article 63

The Centre shall set up a provident fund for staff members, the Deputy Director and
the Director in accordance with the internal rules adopted by the Executive Board on
a proposal from the Director. The methods of compulsory and voluntary contribution
to the fund by these staff members and by the Centre, together with the methods of
payment  by  the  fund  to  staff  members  leaving  the  service  of  the  Centre,  shall  be
established by these rules.

The contributions necessary to set up the Provident Fund shall be borne by the staff
members and the Centre in accordance with the internal rules referred to in paragraph
1.

Section 3

Final and Voluntary Severance Bonus

Article 64

A staff member whose contract is terminated as the result of an agreement between
the staff member and the Centre, and who has served in the Centre for at least five
years, may receive, by a decision of the Executive Board and on the basis of a report
drawn up by the Director, a final and voluntary severance bonus in accordance with
the internal rules adopted by the Executive Board on a proposal from the Director.

This severance bonus is not automatic, and the interests and objectives of the Centre
shall be considered when deciding whether it is to be granted. Payment shall be made
under  the  conditions  laid  down  by  the  Executive  Board  on  a  proposal  from  the
Director and in accordance with the internal rules referred to in paragraph 1.

No severance bonus shall be paid where the contract is terminated, as laid down in
Articles 36 and 37.

The Director and Deputy Director shall not receive this severance bonus.

The  severance  bonus  shall  be  incompatible  with  the  compensation  referred  to  in
Article 34 (5).

25

 
CHAPTER II

Tax Provisions

Article 65

1.

2.

1.

2.

The Director, the Deputy Director and the staff of the Centre shall be liable to a tax
for the benefit of the Centre on remuneration paid by the Centre.

The conditions and the procedure for applying the tax are laid down in Annex III to
these  Regulations.  The  Committee  shall  be  empowered  to  amend  that  Annex  if
necessary.

Tax shall be collected by the Centre by means of deduction at source. The proceeds
of the tax shall be entered as revenue in the budget of the Centre.

CHAPTER III

Appeals Provisions

Article 66

Staff members, the Deputy  Director  and  the  Director  may  submit  to  the  competent
authority a request that it take a decision relating to them. The competent  authority
shall notify the person concerned of his reasoned decision within two months from
the date on which the request was made. If at the end of that period no reply to the
request  has  been  received,  this  shall  be  deemed  to  constitute  an  implied  decision
rejecting  it,  against  which  a  complaint  may  be  lodged  in  accordance  with  the
following paragraph.

Staff members, the Deputy  Director  and  the  Director  may  submit  to  the  competent
authority  a  complaint  against  an  act  adversely  affecting  them,  either  where  the
competent authority has taken a decision, or where it has failed to adopt a measure
prescribed by these Regulations. A complaint is a written document requesting that
an  amicable  solution  be  found  to  the  dispute  in  question.  The  complaint  must  be
lodged  within  a  period  of  two  months,  failing  which  the  complain  is  forfeit.  The
period shall begin :

– 

– 

on  the date  of notification  of  the  decision  to  the  person  concerned,  but  in  no
case  later  than  the  date  on  which  the  latter  received  such  notification,  if  the
measure  affects  a  specified  person;  if,  however,  an  act  affecting  a  specified
person also involves another person; the period shall start to run in respect of
that other person on the date on which he receives notification thereof,

on  the  date  of  expiry  of  the  deadline  prescribed  for  a  reply,  where  the
complaint  concerns  an implied decision  rejecting  a request  as  provided  for in
paragraph 1.

The  competent  authority  shall  notify  the  person  concerned  of  its  reasoned  decision
within two months from the date on which the complaint was lodged. If at the end of
that  period  no  reply  to  the  complaint  has  been  received,  this  shall  be  deemed  to

26

 
constitute  an  implied  decision  rejecting  it,  against  which  an  appeal  may  be  lodged
pursuant to Article 67.

The  procedure  whereby  the  competent  authority  shall  reach  its  reasoned  decision
shall be laid down in the internal rules adopted by the Executive Board on a proposal
from the Director.

The competent authority within the meaning of this Article shall be:

– 

– 

– 

the Director for staff members,

the  Executive  Board  for  the  Director  and  Deputy  Director,  and  for  cases  of
appeal against a disciplinary measure taken by the Director,

the Committee for cases of appeal against a disciplinary measure taken by the
Executive Board regarding the Director or Deputy Director.

Article 67

1.

2.

Disputes  between  staff  members  and  the  Centre,  as  well  as  disputes  between  the
Director  or  Deputy  Director  and  the  Centre  may  be  resolved  by  conciliation  in
accordance with the procedures set out in Annex IV to these Regulations. However,
where no settlement can be reached, the staff member shall have the right to revert to
the Administrative Tribunal of the International Labour Organization.

The  Administrative  Tribunal  of  the  International  Labour  Organization,  hereinafter
referred  to  as  "the  Administrative  Tribunal",  shall  have  jurisdiction  in  any  dispute
between the Centre and a member of the staff of the Centre regarding the legality of
an act adversely affecting such person within the meaning of Article 66 (2).

3.

An appeal to the Administrative Tribunal shall only be admissible if:

– 

– 

– 

the  competent  authority  has  previously  had  a  complaint  submitted  to  it
pursuant to Article 66 (2) within the period prescribed therein,

the complaint has been rejected by express decision or by implied decision

conciliation has failed.

4.

Appeals under paragraph 2 shall be filed within three months. The period shall begin:

– 

– 

on the date of notification of the decision taken in response to the complaint

on the date of expiry of the period prescribed for the reply, where the appeal is
against an implied decision rejecting a complaint submitted pursuant to Article
66  (2);  nevertheless,  where  a  complaint  is  rejected  by  express  decision  after
being rejected by implied decision but before the period for lodging an appeal
has expired, the period for lodging the appeal shall start to run afresh.

27

 
TITLE V

LOCAL STAFF

Article 68

1.

Local staff shall be engaged by the Director on employment contracts for a specified
period. 2. With the exception of Articles 6 to 10, 29, 31 to 37, 40 to 43, 46 to 50
and Chapter VI, Title II shall apply mutatis mutandis to local staff.

Article 69

The conditions of employment of local staff and in particular:

(a)

the manner of their engagement and termination of their contracts

(b)

leave, and

(c)

grading and remuneration

shall be determined by the Director in accordance with current rules and practices in the place
where they are to perform their duties.

The  Centre  shall  cover  the  employer’s  share  of  the  social-security  contributions  required
under current regulations in the place where a local staff member is to perform his duties.

Article 70

Article 71

Any member  of the local staff may  submit  to the  Director  a  request  that  he  take  a  decision
relating  to  him.  The  Director  shall  notify  the  person  concerned  of  his  decision,  giving  the
grounds therefor, within one month of the date on which the request was made. In the event of
disagreement, the local staff member may lodge an appeal in accordance with Article 72.

Article 72

Disputes  between  the  Centre  and  local  staff  shall  be  referred  to  the  competent  court  in
accordance with the legislation in force at the place where the local staff member performs his
duties.

TITLE VI

STAFF SERVING ABROAD

Article 73

Provisions applicable to staff serving abroad are covered in the internal rules adopted by the
Executive Board on a proposal from the Director.

28

 
TITLE VII

RULES APPLICABLE TO STAFF TEMPORARILY TRANSFERRED

TO THE CDE

Article 74

Provisions  applicable  to  persons  from  organisations  or  companies,  who  are  temporarily
transferred to the CDE under special co-operation or exchange agreements, are covered in the
internal rules adopted by the Executive Board on a proposal from the Director.

TITLE VIII

FINAL PROVISIONS

Article 75

These  Regulations  shall  enter  into  force  at  the  same  time  as  the  Decision  of  the  ACP-EC
Council of Ministers approving them.

This Decision shall enter into force on the day of its adoption.

Article 76

Done at Brussels,

For the Committee of Ambassadors

The President

29

 
ANNEX I TO THE STAFF REGULATIONS

CENTRE FOR THE DEVELOPMENT OF ENTERPRISE (CDE)

CONTRACT * WITH :

Ms/Mr

Date of birth

Nationality

Holder of identity card N°

Issued on

In  view  of  the  information  you  supplied  in  your  application  and  following  the  competitive
recruitment procedure, the Centre for the Development  of Enterprise  (CDE),  represented  by
its  Director,  …………………………………,  in  accordance  with  Article  6  of  the  Annex  to
Decision N°….. of the ACP-EC Council of Ministers laying down the Staff Regulations of the
Centre, has decided to employ you as a staff member of the Centre.

The conditions of your employment are as follows:

1.

DURATION

The  contract  shall  enter  into  force  on  ……………….and  shall  be  for  an  indefinite
period within the framework of Annex III of  the Cotonou Agreement.

2.

TRIAL PERIOD

The first six months of employment shall be  regarded  as a  trial period. During this
period,  either  party  may  terminate  this  contract  by  registered  letter  without  prior
notice. Such a trial period shall apply to newly recruited staff only.

______________

*

The  specimen  contract  will  have  to  be  adapted  for  the  fixed-term  and  short-term
contracts  referred  to  in  Article  6  of  these  Regulations  to  take  account  of  the
provisions applicable to that type of contract and to allow for individual  conditions
established when the contract is made.

3.

PLACE

The  place  of  employment  is  currently.  However,  you  may  be  assigned  to  another
duty station purely in the interest of the Centre.

30

 
4.

CLASSIFICATION

Category

:

Level

Step

:

:

You  agree  to  be  assigned  by  the  Director,  whenever  he  considers  it  to  suit  the
requirements of the Centre, to a post requiring  your category and level, which may
involve changes in your duties.

5.

6.

WORKING WEEK

The working week consists of thirty-seven and a half hours.

TERMINATION OF SERVICE FOLLOWING A PERIOD OF NOTICE

In accordance with Article 34 of the  current Staff Regulations of the Centre, either
party may terminate this contract by registered letter.

7.

STAFF REGULATIONS

The two parties hereto acknowledge that they are bound by the following:

the Statutes and Rules of Procedure of the Centre, the Staff Regulations of the

(a)
Centre and the Headquarters Agreement;

(b)
the  various  internal  rules  issued  by  the  Centre  in  accordance  with  the
aforementioned  Staff  Regulations,  of  which  you  state  you  have  cognisance;  no
amendments  to  those  rules  may  be  invoked  against  you  unless  they  have  been
notified to you;

any  individual  conditions  which  the  Centre  may  lay  down  for  you,  in

(c)
accordance with Article 1 (5) of the aforementioned Staff Regulations.

You  hereby  expressly  waive  those  benefits,  provided  for  in  the  Staff  Regulations
upon entry into service which you already received on the occasion of any previous
contract with the Centre.

Your  years of service in any previous employment as  a  staff  member at  the Centre
shall be taken into account in this contract.

8.

DISPUTES

Any disputes between  you and the Centre shall be resolved by  conciliation or shall
be  brought  before  the  Administrative  Tribunal  of  the  International  Labour
Organization in accordance with Article 67 of the Staff Regulations.

Disputes may not be resolved in any other manner.

31

 
9.

STATEMENTS

Annex  A  (Administrative  Statement)  and  Annex  B  (Family  Statement)  form  an
integral part of this contract.

For the Centre for the Development of Enterprise

Brussels,

Director

To the Director of the Centre

I duly accept the above contract as well as the conditions laid down therein.

I have received and taken note of the Statutes and Rules of Procedure of the Centre, the Staff
Regulations of the Centre and the internal rules of the Centre.

I  agree  to  abide  by  the  rules  laid  down  in  the  Staff  Regulations  for  the  settlement  of  any
dispute  with  the  Centre  and  I  expressly  renounce  any  other  form  of  settlement,  including
recourse to any other judicial body.

Date

Signature of the staff member

32

 
ANNEX A TO ANNEX I

ADMINISTRATIVE STATEMENT

Name :

Forename(s) :

Date of birth :

Family situation :

Date of contract :

Date on which this contract takes effect :

Duration of the contract :

Place of origin :

Place of residence for employment purposes :

Category, level and step :

Basic monthly salary :

Special clauses :

.

.

Signature of the staff member

Director

33

 
ANNEX B TO ANNEX I

.FAMILY STATEMENT

Name :

.

Forename(s) :

.

Place and date of birth :

.

DEPENDANTS

Name and forename(s)

Place and date of birth

Relationship

Civil status

Nationality

.

.

.

.

.

The undersigned hereby certifies that the above information is correct

.

.

Signature of the staff member

Director

Date :

34

 
ANNEX II TO THE STAFF REGULATIONS

TABLE OF BASIC GROSS MONTHLY SALARIES (IN EUROS)

Applicable as from 1 July 2000 (index of June 2000)

Category

Level

Basic Post

Step

1

2

3

4

5

6

7

8

Director

11,174

11,845

Deputy Director

9,897

10,491

1. DIRECTORS

2.PROFESSIONAL

1.A

1.B

2.A

2.B

2.C

2.D

Main Expert

Main Expert

Expert

Expert

3. CLERICAL

3. A

3. B

Principal Assistant

Clerical Assistant

3. C.

Secretary/Clerk.

7,982

6,385

5,587

4,470

3,736

2,874

2,076

8,461

6,769

5,939

4,741

3,959

3,033

2,203

8,939

9,476

.

.

7,184

7,599

8,046

8,529

6,290

6,641

7,024

7,445

5,029

5,332

5,651

5,990

4,183

4,454

4,725

5,009

3,225

3,416

3,608

3,824

2,331

2,459

2,618

2,775

4. SUPPORTING

4. A

Technical staff

1,692

1,788

1,884

1,980

2,108

2,234

STAFF

With the exception of levels 1.A and 1.B, the number of staff at the highest step of each level
may not exceed 25 % of the number of statutory posts at each respective level.

35

 
1.

2.

3.

ANNEX III TO THE STAFF REGULATIONS

CONDITIONS AND PROCEDURE FOR APPLYING THE TAX

FOR THE BENEFIT OF THE CENTRE

The  following  shall  be  liable  to  the  tax  for  the  benefit  of  the  Centre  referred  to  in
Article 65 of the Staff Regulations: the Director, the Deputy Director and the staff of
the Centre, excluding local staff.

The tax shall be payable each month on salaries, wages and emoluments paid by the
Centre to each person liable.

However,  monies  and  allowances,  whether  lump  sums  or  not,  which  represent
compensation  for  expenses  incurred  in  the  performance  of  official  duties,  shall  be
excluded from the basic taxable amount.

Family  allowances  and  social  benefits  shall  be  deducted  from  the  basic  taxable
amount.

An abatement of  10-%  for occupational  and  personal  expenses  shall  be  made  from
the amount obtained by applying paragraphs 1 and 2 of this Annex.

An additional abatement equivalent to twice the amount of the allowance received by
the  person  liable  for  a  dependent  child  shall  be  made  for  each  dependent  child  or
person.

To  calculate  the  basic  taxable  amount,  an  additional  abatement  of  16-%  shall  be
applied to the gross remuneration of each expatriate member of staff. The minimum
abatement under this provision shall not be less than EUR 200.

All  amounts  paid  by  the  person  under  the  social  security  scheme  to  which  he  is
subject shall be deducted from the basic taxable amount, as defined in Articles 60 to
63 and the corresponding internal rules.

4. 

The tax  shall be  calculated  on  the  taxable  amount  obtained  by  applying  paragraph  3
disregarding  any  amount  not  exceeding  EUR  79.02  and  by  applying  the  following
rate:

36

 
-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

0%

8%

to amounts of less than EURO

79.02

to amounts between EURO 79.03 to

1,396.62

10% to amounts between EURO 1,396.63

12.5% to amounts between EURO 1,923.62

15% to amounts between EURO 2,204.61

17.5% to amounts between EURO 2,503.34

20% to amounts between EURO 2,784.32

22.5% to amounts between EURO 3,056.65

25% to amounts between EURO 3,336.37

27.5% to amounts between EURO 3,610.10

30% to amounts between EURO 3,891.03

32.5% to amounts between EURO 4,163.39

35% to amounts between EURO 4,444.44

40% to amounts between EURO 4,716.83

45% to amounts above EURO

4,997.73

to

to

to

to

to

to

to

to

to

to

to

to

1,923.61

2,204.60

2,503.33

2,784.31

3,056.64

3,336.36

3,610.09

3,891.02

4,163.38

4,444.43

4,716.82

4,997.72

The amount of tax shall be rounded down to the nearest unit.

The taxable amounts set out above shall be those applicable on 1 July 2000.

5.

By way of derogation from paragraphs 3 and 4, the sums paid as compensation for
overtime  shall  be  assessed  for  purposes  of  tax  at  the  rate  which,  in  the  month
preceding  that  of  payment,  was  applied  to  the  highest  taxable  amount  of  the
remuneration of the staff member.

Payments  made  on  account  of  termination  of  service  shall  be  taxed,  after  applying
the  abatements  laid  down  in  the  first  three  subparagraphs  of  paragraph  3,  at  a  rate
equal to two-thirds of the ratio existing at the time of last salary payment, between:

– 

– 

the amount of tax payable, and

the basic taxable amount as defined in paragraphs 1, 2 and 3.

6.

Where the taxable payment covers a period of less than one month, the rate of the tax
shall be that which is applicable to the corresponding monthly payment.

Where the taxable payment covers a period of more than one month, the tax shall be
calculated  as  if  this  payment  had  been  spread  evenly  over  the  months  to  which  it
relates.

37

 
Corrective  payments  not  related  to  the  month  during  which  they  are  paid  shall  be
subject to the tax to which they would have been subject had they been made at the
proper time.

7.

The Committee shall adopt any provisions necessary for implementing the provisions
of this Annex.

The Director of the Centre shall ensure that these provisions are implemented.

Where necessary, he shall refer by analogy to the relevant regulations applicable to
officials  of  the  European  Communities,  in  particular  Council  Regulation  (EC,
Euratom,  ECSC)  No  260/68  of  29  February  1968  laying  down  the  conditions  and
procedure for applying the tax for the benefit of the European Communities* as last
amended.

__________________

*

OJ No L 56, 4.3.1968, p. 8

38

 
ANNEX IV TO THE STAFF REGULATIONS

CONCILIATION

Article 1

Scope

Disputes  between  the  staff  of  the  Centre,  the  Director  or  the  Deputy  Director,  on  the  one
hand, and  the  Centre,  on  the  other,  may  be  settled  by  conciliation  in  accordance  with  these
procedural rules.

Article 2

Definitions

In  these  rules,  unless  the  context  requires  otherwise,  the  following  words  and  expressions
shall have the meaning here assigned to them:

– 

ACP  State: a State  belonging to the  African, Caribbean and  Pacific Group  of
States which are signatories to the Cotonou Agreement

–  Member State: a Member State of the European Union

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

The  Tribunal:  the  Administrative  Tribunal  of  the  International  Labour
Organization

The Agreement: the ACP-EC Partnership Agreement of Cotonou

The Council of Ministers: the ACP-EC Council of Ministers referred to in the
Cotonou Agreement

The Committee: the ACP-EC Committee of Ambassadors

The Executive Board: the Executive Board of the Centre for the Development
of Enterprise

The Centre: the Centre for the Development of Enterprise

The Staff Regulations: the Staff Regulations of the Centre for the Development
of Enterprise under the Cotonou Agreement

Claimant:  the  party  which  commences  conciliation  by  giving  notice  to  the
other party requesting the proceedings and submitting claims

Respondent: the party to the conciliation against whom claims are made

Party: when used in connection with a conciliation, the claimant or respondent
in the conciliation.

39

 
1.

2.

1.

2.

3.

4.

5.

6.

7.

Article 3

Notice and calculation of time

Any notice provided by these rules shall be served by registered letter or physically
delivered,  with  a  request  for  a  dated  acknowledgement  of  receipt  in  either  case.  A
notice  shall  be  deemed  to  have  been  received  on  the  day  it  is  so  delivered.  Any
failure  to  serve  notice  ascribable  to  the  recipient  or  any  refusal  to  sign  an
acknowledgement of receipt shall constitute notice.

For the purposes of calculating a period of time under these rules, such period shall
begin  to  run  on  the  day  following  the  day  on  which  a  notice,  communication  or
proposal  is  received.If  the  last  day  of  such  period  is  an  official  holiday  or  a  non-
working day at the address mentioned in the notice, communication or proposal, the
period shall be extended until the first working day which follows. However, official
holidays or non-working days occurring while the period of time is running shall be
included.Article 4

Article 4

Conciliation

At any time before an application to the Administrative Tribunal of the International
Labour  Organization,  a  person  with  the  right  to  request  such  a  settlement  may
request the settlement of the dispute by conciliation in accordance with these rules.

If  the  dispute  is  between  the  Director  or  the  Deputy  Director  and  the  Centre,  the
claimant shall send the Committee a request for the appointment of a conciliator.

The appointment shall be made by the Committee within 60 days at most following
receipt of the request.

If the dispute is between a member of staff and the Centre, the claimant shall  send
the Executive Board a request for the appointment of a conciliator.The appointment
shall be made within 45 days at most.

To qualify for appointment as conciliator, the person must have the nationality of one
of the States signatory to the Agreement.

Within  30  days  of  receiving  notice  of  the  appointment  of  the  conciliator,  the  party
making  a  request  for  conciliation  shall  notify  the  other  party  and  the  conciliator  of
the request.

The  request  shall  consist  of  a  statement  of  the  case  of  the  claimant  and  shall  be
accompanied by copies of relevant papers and documents.

Within 30 days of receiving notice of the request, the other party shall submit to the
conciliator and to the claimant a reply to the claimant’s case.

The  proceedings  of  the  conciliator  shall  be  as  informal  and  expeditious  as  is
compatible with a just and objective settlement of the dispute and shall be based on a

40

 
8.

9.

10.

11.

fair hearing of each party. Each of the parties may be represented or assisted by an
agent of his choice.

After  examining  the  case,  the  conciliator  shall  submit  terms  of  settlement  to  the
parties.

Should  a  settlement  result,  the  conciliator  shall  draw  up  and  sign  a  record  of  the
settlement.  The  record  shall  be  signed  by  the  parties  to  signify  their  acceptance
thereof. The record of the settlement so signed by the parties shall be binding upon
them.

Copies of the record of settlement so signed shall be given to the parties.

Should  a  settlement  not  result  within  four  months  of  the  appointment  of  the
conciliator, the parties shall be at liberty to refer their dispute to the Administrative
Tribunal  of  the  International  Labour  Organization,  in  which  case  nothing  that  has
transpired in connection with the proceedings before the conciliator shall in any way
affect the legal rights of any of the parties to the Tribunal.

12.

In  the  event  that  conciliation  has  failed,  the  case  may  be  submitted  within  three
months to the Administrative Tribunal of the International Labour Organization.

41

 
ANNEX V TO THE STAFF REGULATIONS

COMPOSITION AND PROCEDURES OF THE BODIES PROVIDED FOR

IN ARTICLE 4 OF THE STAFF REGULATIONS

Section 1

Staff Committee

The Staff Committee shall comprise the members thereof whose term of office shall be three
years. Every staff member shall be entitled to vote and stand for election, which shall be by
secret ballot.

The conditions for election to the Staff Committee and its functioning shall be laid down by
the General Assembly of the staff members in the Staff Association's Rules of Procedure.

Membership  of  the  Staff  Committee  shall  be  such  as  to  ensure  the  representation  of  all
categories provided for in Article 7 and will as far as possible reflect the joint ACP-EU nature
of the Centre.

Elections to the Staff Committee shall be valid only if two-thirds of the staff members entitled
to vote take part. However, if this proportion is not attained, the second vote shall be valid if
the majority of those entitled to vote take part.

The duties undertaken by members of the Staff Committee  and by  staff members  appointed
by the Staff Committee to bodies set up under the Staff Regulations or by the Centre shall be
deemed to be part of their normal service. The fact of performing such duties shall in no way
be prejudicial to the person concerned.

Section 2

Recruitment/Promotion Committee

For  each  vacant  post  or  promotion  foreseen  in  the  budget,  a  Recruitment/Promotion
Committee shall be appointed by the Director.

The Staff Committee shall be represented therein as an observer.

The  composition  and  functioning  of  the  Recruitment/Promotion  Committee  shall  be
determined in the internal rules.

42