European Parliament legislative resolution on the amended proposal for a Council regulation amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities (COM(2003) 721 — C5-0575/2003 — 2002/0100(CNS))
Date: 2004-02-26
Institutions: Committee on Legal Affairs, European Parliament
Subjects: European official, regulations for civil servants, servant (EU)

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P5_TA(2004)0111

Staff Regulations *

European Parliament legislative resolution on the amended proposal for a Council regulation
amending the Staff Regulations of officials and the Conditions of Employment of other servants
of the European Communities (COM(2003) 721 (cid:1) C5-0575/2003 (cid:1) 2002/0100(CNS))

(Consultation procedure (cid:1) renewed consultation)

The European Parliament,

(cid:1) having regard to the Commission proposal to the Council (COM(2002) 213) (1) and to the amended

Commission proposal (COM(2003) 721) (2),

(cid:1) having regard to its position of 19 June 2003 (3),

(cid:1) having been reconsulted by the Council pursuant to Article 283 of the EC Treaty (C5-0575/2003),

(cid:1) having regard to Rule 67 and 71(3) of its Rules of Procedure,

(cid:1) having regard to the report of the Committee on Legal Affairs and the Internal Marketl (A5-0078/

2004),

1.

Approves the Commission proposal as amended;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC

2.
Treaty;

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the

4.
Council intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal sub-

5.
stantially;

6.

Instructs its President to forward its position to the Council and the Commission.

TEXT PROPOSED
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AMENDMENTS
BY PARLIAMENT

Amendment 13
RECITAL 35

(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.

(1) OJ C 291 E, 26.11.2002, p. 33.
(2) Not yet published in the OJ.
(3) P5_TA(2003)0290.

(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
is
appropriate, therefore, to ensure that the joint effects of the
application of the ‘Method’, the special levy and the actuarial
balance do not have an adverse impact on salaries.

service.

It

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Amendment 14
RECITAL 38a (new)

(38a) Given that
the present reform entails significant
budgetary consequences and also provides for a number of
financial procedures, it is appropriate to ensure that the role
of the budgetary authorities in this process is fully safe-
guarded.

This Regulation shall enter into force on […]

This Regulation shall enter into force on 1 May 2004.

Amendment 1
ARTICLE 2, PARAGRAPH 1

Amendment 15
ANNEX I, POINT 7
Article 5, paragraph 3, point (a), indent 3
(Staff Regulations of officials of the European Communities)

(cid:1) where justified in the interests of the service, professional

training or professional experience of an equivalent level.

(cid:1) where duly justified in the interests of the service, profes-
sional training or professional experience of an equivalent
level.

Amendment 16
ANNEX I, POINT 7
Article 5, paragraph 3, point (b), indent 2
(Staff Regulations of officials of the European Communities)

(cid:1) where justified in the interest of the service, professional

(cid:1) where duly justified in the interest of the service, profes-

training of an equivalent level.

sional training of an equivalent level.

Amendment 2
ANNEX I, POINT 7
Article 5, paragraph 6
(Staff Regulations of officials of the European Communities)

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.

Deleted

Amendment 17
ANNEX I, POINT 7
Article 6, paragraph 2
(Staff Regulations of officials of the European Communities)

2.
To ensure equivalence of the average career in the career
structure before 1 May 2004 (old 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

2. On this reference base and within the context of the
staff policy of each institution, to ensure equivalence of the
average career in the career structure before 1 May 2004 (old
career structure) and after 1 May 2004 (new career structure)
and without prejudice to the principle of promotion based on

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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 employ-
ment 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].

for each institution,

merit as laid down in Article 45 of the Staff Regulations, this
plan shall ensure that
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 aver-
age basis as from [1 May 2004].

Amendment 3
ANNEX I, POINT 25
Article 22b, paragraph 1, point (b)
(Staff Regulations of officials of the European Communities)

(b)

the official has previously disclosed the same information
to the European Anti-Fraud Office or to his own institu-
tion 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.

(b)

the official has previously disclosed the same information
to the European Anti-Fraud Office or to his own institu-
tion and has allowed the Office or that institution the
period of time set by the Office or the institution to take
the appropriate action. This period of time shall be one
month for the institution and 60 days for the Office.
Should the complexity of the case so require, this period
of time may be increased. The official shall be duly
informed of the period of time in question and of the
decision of the institution or the Office regarding action
to be taken.

Amendment 4
ANNEX I, POINT 33, POINT (c)
Article 29, paragraphs 3 and 4
(Staff Regulations of officials of the European Communities)

(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.

(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 Euro-
pean 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 tempor-
ary 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
the
of Employment. By derogation from Article 29(1)(a),
Appointing Authorities of the institution that engaged the tem-
porary servant shall, before filling a vacant post in that institu-
tion, consider transfers of officials in parallel with successful
candidates from these internal competitions.

the
These competitions will only be open to members of
temporary staff of that institution engaged in accordance with
Article 2(c) of the Conditions of Employment of other Servants
of the European Communities. The institutions shall require as
minimum qualifications for these competitions at
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 Arti-
cle 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.

least

(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 accord-
ance with the second subparagraph of paragraph 3.

(4)
The European Parliament shall organise an internal
competition on the basis of qualifications and tests once 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 accord-
ance with the second subparagraph of paragraph 3.

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Amendment 18

ANNEX I, POINT 60
Article 66 a, paragraph 2, point (b)
(Staff Regulations of officials of the European Communities)

(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.

Deleted

Amendment 5

ANNEX I, POINT 85
Annex I, Table A, columns 3 and 4, last three rows
(Staff Regulations of officials of the European Communities)

AST 3
Assistant working for example as: Junior clerk;
mentalist; junior technician, junior IT operative;

junior docu-

AST 3
(a) Assistant working for example as:

Junior clerk;

junior

documentalist; junior technician, junior IT operative;

AST 2
Assistant working for example as: Filing clerk; technical attend-
ant; IT attendant.

AST 1
Assistant working for example as: Filing clerk; technical attend-
ant; IT attendant.

(b) Parliamentary Usher (*)

AST 2
(a) Assistant working for example as: Filing clerk; technical

attendant; IT attendant;
(b) Parliamentary Usher (*)

AST 1
(a) Assistant working for example as: Filing clerk; technical

attendant; IT attendant.
(b) Parliamentary Usher (*)

(*) The number of posts of Parliamentary Usher in the European

Parliament shall not exceed 85.

Amendment 6

ANNEX I, POINT 92, POINT (g)
Annex VII, Article 7, paragraph 2, subparagraph 1
(Staff Regulations of officials of the European Communities)

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

2.
The basis for calculating the reimbursement shall be the
first-class rail fare on the shortest and most economical habit-
ual route by rail or by ship if there is no rail connection or by
plane if there is no rail or ship connection between the place
of employment and the place of recruitment or origin.

(This amendment applies to the entire legislative text under review:
adoption would involve technical adjustments throughout the text).

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Amendment 20/rev.

ANNEX I, POINT 92, POINT (h), POINT (i)
Annex VII, Article 8, paragraph 2, subparagraph 2
(Staff Regulations of officials of the European Communities)

The kilometric allowance shall be:

The kilometric allowance shall be:

EUR 0 for every km from 0 to 200 km

EUR 0 for every km from 0 to 200 km

[EUR 0,3117] for every km from 201 to 1 000 km

[EUR 0,3117] for every km from 201 to 1 000 km

[EUR 0,5195] for every km from 1 001 to 2 000 km

[EUR 0,5195] for every km from 1 001 to 2 000 km

[EUR 0,3117] for every km from 2 001 to 3 000 km

[EUR 0,3117] for every km from 2 001 to 3 000 km

[EUR 0,1039] for every km from 3 001 to 4 000 km

[EUR 0,1039] for every km over and above 3 000 km, with no
upper limit.

EUR 0 for every km over 4 000 km

Amendment 7

ANNEX I, POINT 93, POINT (h), POINT (iii)
Annex VIII, Article 9, paragraph 2
(Staff Regulations of officials of the European Communities)

The Appointing Authority may decide, in the interests of the
service on the basis of objective criteria and transparent
implementing
procedures introduced by means of general
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 appro-
priate, 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.

The Appointing Authority may decide, in the interests of the
service on the basis of objective criteria and transparent
implementing
procedures introduced by means of general
provisions, not to apply the above reduction to the officials
concerned. The total number of officials and temporary
servants who retire without any reduction of their pension
each year shall not be higher than 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 appro-
priate, 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.

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AMENDMENTS
BY PARLIAMENT

Amendment 8

ANNEX I, POINT 94
Annex IX, Section 1, Article 2, paragraph 2
(Staff Regulations of officials of the European Communities)

(Does not affect the English version)

Amendment 21

ANNEX II, POINT 2a (new)
Article 2, point (c)
(Conditions of Employment of other servants of the European Communities)

2a. In Article 2(c), the words ‘other than officials of the

Communities’ are deleted;

Amendment 9

ANNEX II, POINT 17
Article 39, paragraph 1, subparagraph 2
(Conditions of Employment of other servants of the European Communities)

Article 9(2) of Annex VIII shall apply under the following con-
ditions:

Article 9(2) of Annex VIII shall apply under the following con-
ditions:

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 tempor-
ary 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 pre-
vious year, on the basis of Article 283 of the EC Treaty.

The Appointing Authority may decide, in the interests of the
service on the basis of objective criteria and transparent pro-
cedures introduced by means of general implementing provi-
sions, not to apply any reduction to the pension of a tempor-
ary servant, up to a maximum of eight temporary servants in
all institutions in any one year. The annual number may vary,
subject to an average of ten every two years and the principle
of budget neutrality. Before five years have elapsed, the Com-
mission shall submit to the European Parliament and the Coun-
cil an evaluation report on the implementation of this measure.
Where appropriate, the Commission shall submit a proposal to
change after five years the maximum annual number on the
basis of Article 283 of the EC Treaty.

Amendment 19/rev.

ANNEX II, POINT 31
Title IV, Article 85
(Conditions of Employment of other servants of the European Communities)

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

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. If the cumulative

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AMENDMENTS
BY PARLIAMENT

once for a fixed period of not more than five years. The ini-
tial 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.

the initial contract and successive renewals
duration of
exceeds five years, any further renewal shall be for an indefi-
nite 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.

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.

By way of derogation from the last sentence of the first
2.
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.

Amendment 10
ANNEX II, POINT 40
Annex I, Article 1
(Conditions of Employment of other servants of the European Communities)

Article 1

Deleted

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
these
and engaged in accordance with Article 2(c) of
Conditions of Employment to assist a political group in the
European Parliament.

P5_TA(2004)0112

Nuclear disarmament

European Parliament resolution on nuclear disarmament: Non-proliferation Treaty Review Confer-
ence in 2005 (cid:1) EU preparation of third NPT PrepCom (New York, 26 April to 7 May 2004)

The European Parliament,

(cid:1) having regard to Rule 37(4) of its Rules of Procedure,

A. whereas the 2000 Conference of the States party to the Nuclear Non-proliferation Treaty (NPT) asked
the Conference on Disarmament (CD) to establish an appropriate subsidiary body with a mandate to
deal with nuclear disarmament, as contained in the fourth of the 13 points relating to Article VI of the
NPT adopted by the 2000 NPT Conference,

B. whereas all the Member States are States party to the NPT and two Member States are nuclear weapon

states as defined in the NPT,

C. whereas the CD has neither established the requested subsidiary body within three years after the

Review Conference nor is it in the process of so doing,